The National Register. — London, England, 1821-08-13 00:00:00

234 910pe Stitt lltgence. li Eit s l FORD. FRIDAY, AUG. 3. MORRIS V. GAUSSEN, CLERK. This was ail action against the Rev. Armit. Canssen, rector in the parish of Nleestlett, near Iltintingford, a magistrate of this county, for causing the plaintiff, a respectable farmer of A nstey, to be apprehended without any reasonable or probable cause, and conveyed in iron manacles and handcuffs to the defendant's house. and for unlawfully imprisoning him for the space of four hours. The defendant pleaded the getteral issue—not guilty. This case excited very general interest. Mr. Nlarryatt (with whom were Mt. Andrews and Mr Abraham) stated the plaintiff's case as one of great hardship and oppression. The plaintiff was a respectable tanner, of established morals and reputation. The defendant was a young clergyman or the church of England, and had recently been pot into the commission of the peace. Ott the Bth of May last, the plaintiff and some of his friends, respectable and wealthy farmers, had been amusing themselves in shooting young rooks on his farm. It was agreed, that the text day they should meet at the Bell italic -house in the village of Ansley to divide the fruits of their sport. They were perfectly orderly in their conduct, and were quite sober. About three o'clock in the afternoon the defendant came to the public-house, and ordered the landlord not to draw any inure beer. This was a matter about which the plaiutiff was perfectly indiffetetit. The defendant then scntfor a coustahle and charged the plaintiff in custody, sold ordered hamlet:ff. to be put upon him. The con . stable, not being very expert at the business, the de fendant took the handcuffs and put them on the plaintiff himself; and, being fastened to a person named Wheeler, was, in that state, dragged to the defendant's rectory at Aleestleit, about two miles distatit. At this time the plaiittiff was utterly ignorant of the offence fot which he was its treated. lie was, however, stilt to the rec tory, and there confirmed until the defendant's arrival, about two hours afterwards. The defendant had taken the key of the handcuffs whit hint, and in the mean time went about the neighbourhood boasting that he had got the plaintiff in handcuffs. In this ignominious bl ste the plaintiff was kept an hour at the defendant's house, before he could be freed. In the outset of the case lie should not apply those epithets to the defendant's coed act, which the circumstances of the case would seem to warrant; but be WOW(' venture to say, 'hat peter was there more ignorance evinced by a magistrate in these dominions, in the administration of the King's commission, under the colour of authority. The facts as stated by the learned counsel, were fully provad in evidence. Mr. Baron %Vocal charged the Jury that the defend. alit had certainly otosteppeil the limits of his authority. First, there was no pretence for hatidculling the 11l .1i 11 second, he had tin authority for punishing the plaintiQ in the way complained of as a hider, lie could Only has e fined him 3s. 4d.; and, in default of paving that hoe, he could but have set him in the stocks tor four hours._ Probably the excess of authority arose merely from igno rance, and without any malicious motives. The plain tiff, however, was entitled to some damages for the in jury he had sustained. The jury, which was composed of four esquires and eight talesmen, after deliberating for aloort ten minutes, found their verdict for the plaintiff.--Dantages, 31)1. ESSEX. CIIELMSFOR n, ALGUST 7.—The Summer Assizes for this comity coition:Deed here to-day, before the lieu. Mr. But on St trod in the Crown Court, and the lion. alr.Justiee Butt ough in the Civil Court. In the former Coma the Calendar contains 58 cases only ; and in she latter the entry of causes amounts to but 16, a number infinitely less them has beets known for many years at the Assizes fur this County. CIVIL SIDE. CARROLL V. NELSON AND ANOTHER. This was an action on the ease against the defendants, who arc the proprietors of "'f lie Times" light couch from Colchester to London, for the negligent diiviag of their servant, whereby the coach was upset, and the plaintiff, an outside passenger, hail one of his legs broken, and the ancle of the same leg dislocated. Mr. Gurney and Mr. Andrews conducted the plaintiff's case, and Mr. MArryatt and Mr. Watford the defendants'. Tue facts proved were these :—The plaintiff, who is a carpenter by business, residing at IFletlinal Glee'', had taken an outside place on the 'fimes coach on the 29th of December last at Colchester, for the purpose of coming to London. The coach came with safety as tar as Ilford, at its usual rate of pages. In coming down the hill at Clock House, at Il ford, the near leader started, and all the horses set off at a furious rate. The coachman gave Ilia whip to the pas senger on the box, and a itli both hands tried with all his vigour to pull in the horses; but in the effort the roach was upset in the foot-path with a tremendous crash. '!Ile plaintiff, in endeavouring to save himself from harm, j ped off the roof and sustained the damage stated in the declaration. With assistance he was conveyed to a neighbouring house, and afterwards carried in a post chaise to his lodgings at Bethnal GI een. Fur seven weeks lie was confined to his bed, and at the expiiation of that time he was removed for the benefit of country air to where he resided until very lately. His surgeon's bill amounted to 5 ,I. His espences for nursing, &c. in cident to his misforinne, catue to 671. He was stated to be a young man of t 5 years of ege, to have lost the use of his limb, and likely to be a cripple for life. On the past of the defendants, it was proved that their coachman, named Godbold, a as a careful, steady, and attentive man ; that 110 Similar accident had eves happened to the coach during a ;teat mituber of years of its tra• selling that toad; that on the day in question, iu coming down Iltord bill, one of the houses took fright at a heap, of ashes whist hail been collected on the scow a Id' !a then covered the foot-path, and also in consequence of the splendour of die sun shining upon sonic truzen water in the middle of the rufil ; that the coachman did every thing a man could do under such circumstances to prevent arc ideal, but the horses became uwn.tnagt able, bloke their traces, and tan back the toad a lieu foe they r awe Several Wiles, leaving the coach behind, which in the shock was upset; that the accident sustained by the plain• la arose in a great measure fa um his own imprudence in jumping off the coach in its fall, instead of keeping his place as the other passengers did, who sustained no damage whatever. It was stated on the behalf of the defendants, that they had offered a liberal compensation to the plaintiff in consideration of his moderate circum stances, but without prejudice to the question of their legal liability, it being contended, that though they were answerable for the carelessness and negligence of their servant, or fur any accident in default of providing a safe conveyance, they were not liable for the carnality which occasioned the injury which happened to the pl ' 'ff. A negotiation took place between the Counsel on both sides, before the defendant's case was closed, and uncivr the circumstances proved, it was agreed to withdraw a juror, by which the result is, that each party pays his own costs. THE NATIONAL REGISTER 6FAMAN V. CORDER. This was an actimi by the indorser against the acceptor of a bill of exchange fur 1561. drawn by one Mayhew. The case excited considerable interest from the nature of the defence set up by the defoulaut. On the part of the plaintiff the usual prima facie case of hand a ritisig, ptesentment, and dishonour, aas proved, and in fart admitted by the defendant. The defence set op on the part of the defendant was, that he had been completely ass indled out of the acceptance, with whit h he was now attempted to be charged, under the following circumstances :—Fessinis of the names of Gibson and Fannin had employed the defendant, who is a respectable cornfactor in 111 a. k lane, and one of the Society of Friends, to sell a parcel of !parley, consisting of 94 quarters, an older for the delivery of als ich had been originally given to the former fur the same purpose by a person of the name of Mayhew. The latter had had dealings with Messrs. IYooil ley's in the corn trade, but they had refused to give him t red it without the guarantee of the plaintiff', for such transactions as they have will. him; and it appeased that the plaintiff' had given a guarantee to the extent of 3001. The mats 111 question had been the property of Mayhew, and ITT the time of this tisinsaetion he was under engagement to Messis. ‘Voodley's he) ond the amount of the guarantee, and in order to reenact themselves, they were desimus of getting possession of the COTII, as they were promised they should do by May lit w. ((tillpeared, lion ever, i hat Mayhew, being desirous ofturning the corn into c.ssli, had employed Messrs. Gibson and Fames to sell it, and accordingly gave them an order fur delivery upon the captain of the slop in which it had arrived. Messrs. Gibson and Forma, in their turn, having succeeded the defendans in his business on the corn exchange, requested him to dispose of it on their behalf in the usual COMO' of business. lit the mean time, before the corn was actually di-posed of, the plaintiff and Mayhew ea deavoured to prevail upon Gibson and Fomm to accept a hill on account of the expected proceeds. This they declined doing, as it was out of the ordinary course of business. The plaintiff then, in concert with Mayhew, made a similar application to the defendant, and the bill of exchange in question was actually drawn and presented to him for ac ceptance. At fist he refused, saying he was only an agent, and objecting to the form of the bill, that it was not drawn on account of the core which Messrs. Gibson mid Fomm acre employed to sell. The bill with then taken away, and the nines of Gibson and ' , warn introduced into it, and in the result the defendant was prevailed upon to accept it, upon a positive awmanse that the corn should be delivered to the (order originally given in favour of Gibson and Foam. These circumstances having reached the knowledge of Messrs. Vissidles's, alto had expected that the corn would be de livered to them ns u security for the advances they were snider to Mayhew, they became incensed and called afloat the plaintillatid May hew to account for the deception which they complained had been practised upon them. The plain tiff and Nlayliew excused themselves by saying, that it was lea late to recall a but had been dunes that an order for the delivery of the corn had been gist n to Messrs. Gibson and Fomm, a n d Gaut the defendant had actually accepted a hill of exchange in taiticipation of the proceeds. Messrs. Woodleys, however, complained that they hail been sus appled, and line of the brothers said he should nut leave the house a heir the parties tact until they performed their engagement with him U pun this the plaints feud Mayhew retired from the collating-house for a few minutes, and on their return gave Winalleys an order upon the captain, to deliver to them the rota in question, and at t lie foot of it they recogisized the previous order, gives' to Gibson and "Minns ; but countermanded ii, infortniug the captain, that lie ails not to deliver the corn to the former order. It was slated, that the very next day May hew had &nailed himself and is fact his body was found in the River Thames. Not. withstandmg the circumstances above disclosed, the plain tiff, to alum the bill had been indorsed by Islaylsew, now brought the present action against the defendant upon his acceptance. Ab bOOll as the facts above stated were proved in evidence, the learned Judge asked Mr. Gainey, a hat he would .choose to du in the case. Alr.Gu. my said, he %twill be hunsuited, and his client nos insinuated accordingly. Nothing of put.lic interest took place in the crown court. 11A If A RD, ESQ. pi lam e. IiouNIER. Cu I , II.IISFORD, AUG. w as no ac upon the statute of Anne, against the defendant, to recover a penalty of 51. for keeping a dog for the purpose of killing game, not being dilly qualified. The plaiiitill 's case was conducted by Mr. Maropili and Mr. Jcssop, and the detendithes uy Mr. Gurney and Dlr. Chity. The plaintiff wiis stated to be a gentleman of landed pro. petty at Harrill, in this county, and the defendant a con Si - ileiable landholder in his ueigbbourl d, in the parish of Helton Buinsled. The farts ',roved against the defendant wire, that be kept a sever Mich, and two puppy pointers in his house. The question was, w holier the defendant W. 114 liable 10 a penalty fur keeping a dog lar the purpose of kill ing came. _ . _ r. (min. y, for the defer.lant, submitted, that (hi. was [early not a case within the statute. To bring the defendant within the pen:stile., it 'must be clearly 'hewn that he kept the dog a . th the iuteol ill kill game. Mr. Just ire Bui lough ex pte,scd extreme regret that this :militia had bea u tirou lit h) a gentleman, described as a Wail Of 1011Ulle and respectability, because hr thought it one of the harass! that ever cam e to his km's% ledge, but lie wils buaud to [ell thrill.). I hat a man phi. helot a •purling dog, though there aas 111/ prune of hl, having actually used it to destroy game sins liable to a peaalty. The sa:ae uhserva• lion %fluid nut apply to the keeping of a gun, because a gnu is !wean:try it/ Ua• dent 111 a of a moo ' s But there is no UCCNSIU II I'M a mini keeping a sporting dog for that par pose. A EOM 111011 ill/Ilse dug a 0111 , 1 answer the same obj. t cipially well. .11 lie sins a sung in Ins tuling, tlie defendant would have an opportunity of correcting bisjudg ment in the Court of Kiii4 :tench, and with that view he would reserve the question, iu order that the point might be filially settled. The Jury expressed great reluctance in finding a verdict fur the plaintiff, but in deference to his Lordship's opinion, in point of law, they felt themselves bound to find a verdict for the plaintilf.—Penalty...sl.. The lithium.. on this side finished to day, at twelve o'clock. In the crown court there was nothing worth mentioning. YORK. AUGUST 6.—Mr. Justice liayly went to the Guildhall at nine o'clock this morning, and charged the city Grand Jury. In the muse of half an hour the Grand Jury returned true bills apainst the two prisoners in the calendar, and the court immediately proceeded to their trial. FORGBR Y.-Mr. Pollock opened the case, and Mr. Sin . . . . . . . • clair, the Recorder of York staled the circumstances to the Jury.—Richard Young, a private in the 19th lancers, had, on the sth of May last, called at the banking office of Messrs. Nilson, Tweedy, and Co. and stated that Major Skelton, his commanding ollker, was unable to leave his room in consequence of a fall he had had from his horse, and wished nn order to be dr.' w n upon Messrs. Greenwood, Cox, and Co. in London, for SOL and to he sent to him for signature.— This was done, and the prisoner returned in about half an hour with " 11. Skelton' signed to the order. The money was paid to the prisoner. Messrs. Greenwood, Coi, and Co. refused to honour the order on the ground of forgery.— The prisoner was apprehended in Leeds, when he confessed the forgery. The prisoner was acquitted upon the indict ment, because the final letter in the signature appeared to be in, and nut a, as charged in the indictment. ADMINISTERING DREGS TO AN ENCEINTE FEMALE. CIIELMsFOItn, Arc. 9.—Rubin Collins, a young man of respectable appearance, and good education, was in• dieted under the late Lord Ellenhoronglea Act, 43 Geo. 111. c. 58, s. 2, for wilfully and maliciously administering to Hannah Stammers, single woman, six ounces of certain medicines and drags, in order, and with intent to procure premature parturition of a foetus, of which she was preg mint by the prisoner. There were four other counts, varying the description of the drugs administered to the proseenti ix, successively calling them medicines, dings, substances, steel pills. and pills. The words of the statute upon which the indictment was framed are—" If any person or persons shall wilfully and maliciously administer to, or cause to be administered to, or taken by any woman, any medicines, drug, or other substance or thing whatsoever, or shall use or employ, or cause or procure to be used or employed, any instrument or other means whatsoever, with intent thereby to cause or procure the miscarriage of any woman not being, or not being proved to he quick with child at the time of adininisteiing such things or using such means, that then, and in every such case the person or persona so offending, their councillois eiders, and abetters, knowing of and privy to such o ffence, skull be, and are hereby declared to be, guilty of felony, and shall be liable to be fined, im prisoned, set in and upon the pillory, publicly or privately whipped, or to sutler one or more of the said punishments, or to be transported beyond the seas for any term not ex ceeding fourteen )ears, at the discretion of the Court before which such offender shall be tried and convicted." 'Phis case excited very general interest, from its extra ordinary and unusual character. Mr. Brodriek conducted the prosecution, and Messrs. Watford and Adolphus the defence. The circumstances opened for the prosecution were these:—The prisoner was the son of very humble parents at Witham, in this county, his father being a journeyman shoemaker in that town. Notwithstanding his humility of parentage, he had acquired an education far above his station. He had made some progress in classical attain ments, and from his acuteness and promise of talent he bad seised himself to be clerk, or writer, in the office of Mr. Mattison, a respectable solicitor in his native town, where lie had been a diligent and meritorious servant for seven years, and at the time of this transaction had at tained the age of 21. The prosecutrix, a young woman of extremely modest and correct deportment, tar above her station iu point of intellect and manners, was a do mestic servant in Mr.Pattisou's family. Doling an absence of Mr. Pattiaon and his family from home in the autumn of last year, the prisoner and the pi usecutrix were left exposed to each other's company. The prisoner formed an attaelunent for her—it was mutual, and he promised her marriage. No criminality appeared to have taken place in Mi. Pattisou's house. The prosecutrix left her mast,' 's house. and went to live shortly afterwards In the set s ice of Mrs. Watson, in the same town. In the interval between her quitting Mr. Pattison's and going to her new place, the prisoner accomplished the ruin of the unhappy girl at his lather's lodgings. This was in the month of November. She went to her new place, and about the month of January she proved with child. She communi cated this circumstance to the prisoner, who, in his letters to her down to the month of February, addressed her in the warmest terms of affection and tenderness, always concludiug his epistle by subscribing himself " her affec tionate and faithful husband." Shortly after the prisoner had discovered that the unhappy girl was pregnant, he sent her a quantity of pennyroyal, accompanied by the following letter:— " My dearest Hannah,—Herewith you will receive a small portion of a most excellent remedy for the tooth ache, prescribed by the famous Dr. Solomon, in his 'Guide to Health.' Fo satisfy you that it is the prescription, and not mine, I will quote Isis words. Ile says—" It is (the tooth ache) soon 'taned, by clipping a bit of cotton into the Cordial Balm of Gilead, some of which I hap pened to be iii possession of; I hope you will apply it im mediately, and find a speedy relief hum that tremendous pain. As the time for the other matter is last approach ing, I advise you by all means to he ',levered with the tea of pennyroyal, it being a must ehectual remedy to hinder the course of things. The tooth ache is a sine symptom of a woman being iu that way. This is the opi idun of all the profession. However, it you apply your remedy in time, there is no danger to tear. Do you think yon shall be ahie to speed an hone with me next Sunday evening. 1 twain at Witham throughout the day, Her oi ding to the erialigenients I have made. I have 100 or three things whirls 1 wish to talk over with you, as well as skew you. They are nut of an alarming nature, thereture don't lie fretful of any thing of that sort. It is quite 1 think, what you will like to see. I will most likely have the opporttmity of seeing you again before Sunday, and 111111 you can inform u.e %Slather you think your old fudge will pet wit you to come Out OH Sunday, or other wise, and if Jim have any thing impui met to exples , , you 1:6111 wtnte to mite, and leave it al Mrs. C011.011'5, 01