The Statesman. — London, England, 1821-12-10 00:00:00

INTEMISTINO TO POSZMASTERS. • UAW'S& SESSIONS OF 111 E PEACE.—Eencsoiss. —....... A case of material interne to the Postmasters woo tried on the 26th ult., before the Law Committee of the Quarter Sessions, is the 'county of Edinburgh; wherein Mr. Mill, lessee of the post-berse duties In Stetlaed, was plaintiff, and MINIM William Glenville and Robert Stevie, Pastmasters in Edinburgh. were defendants. The plaintiff raised prnsecutionst against the do. feltdants, before the Justices of the Peace of the county of Edinburgh, in order to recover penalties alleged to have been incurred by them, under the Acts 25 Geo. 111. cap. 51., 57 Geo. 111. cap. 59. and 1 On. IV. cap. 89., for not personally attending him with their Stamp Office weekly accounts. It 11111 pleaded, ass preliminary objection, by the defendants, agaiast the prosecution, that by 1 Oeo. I.Y. cap. 91 and 5, *kith enjoins that all persons prosecuting for recovery of penalties under the pat-horse duty Acts shall give notice in writing of his intendon . to apply to she Commissioners of Stamps for leave to commence such prosecution, /suttees days prm. viols 'to making such applleadoe. saij hat the —_ tit* must set forth the offence committed, the day cdmmitting the same, and the moon of each p. niilty intended to be recovered. That as no lntiosa tion had been given by the plaintiff to the defeadasts, of his istootion to apply to the Commissioners of Stamps for leave to prosecute, sad se such application haviag been made. nor liberty obtained, the proseditioa was therefore unwarranted and sun theriesdand, as t provision in the statute bad not ben contplied wi the prosecution fell ..to be 1111- i missed. It was a end, on the part of the plaintiff, that the enactment in the statute above quoted did not applyie prosecutions by informations before the Jus tices of Peace; but wu merely in addition to the 27th sett. of 57 On. 111. cap. 59. which required the limiter of the duties to obtain the consent in writing of the Commissioners of Stamps, before commencing _ . _- . a prosecution "is any of his Majesty's Courts in Weetesiaster or in Scotland," for the recovery of pe nalties; and that the terms "action for omit," which are made use of la section sth of Oeo. I. nap. 88, did net. in the English law language. nor in this parti celar cm, comprehend prosecutions before the Jos tkes by isformation or complaint, but applied pro perly to prosecutions in Courts, a single Justice of the Peace not constinstiag a Coate. TMs view of the case was adOptei by the Justices before whom the question came first to be tried. A pitition and 'appeal was pawed against the jacig metrtl he /tdefendants to the Quarter Sessions of the Peace, in, followed with answers for the plain tiff, wherein the question was very (ally stated ; and as it appeared C. the Quarter Sessions, that it was a qass. tie° otconsiderable nicety and importance, they ea sulked it to the law-Committee to hear Counsel apse the point, ittd' deter tlatt- it. Camel were aim& i ngly heard epos the 16th curt. when the point was very ably and ingeniously argued. It was decided by a great majority of the Law Committee, that before the ' plaiatiff coolttproseeute before the Jestices of the Paula for the reeostryofney penalty alleged to have been lo dated under the post-horse duty acts, he was bound to comply with sec. 5 oft Oeo. IV. by giving the requisite nosh* in writing, and, in respect such intimation bad not been given, the information was dismissed, and the plain tiff found liable in expenses, which, with consent of the defendants, was modified to 151. sterling. HIGH COURT OF JUSTICIARY.—EDINIIIIIIII, Dec. 3. Donald Raskin* was put to the bar, to receive gen tence in consequence of a verdict of guilty of robbery being found against him at the Circuit Court of love rary, but remitted to this Court to try the validity of an objection made by the prisoner's counsel respecting an error in the date of the verdict, and which had subse- Two ly been decided. After a suitable address by the Lord Justice Clerk, who informed the panel, that the recommendation of the Jury for mercy should be transmitted to the proper quarter, be was sen tenced to be executed at Inverary on Friday, the 18th day of January next, between the hours of 2 and 4 o'clock 1 3 . in. Donald M'Keasie, painter is Edinburgh, was next pet to the bar. charged with robbing Lawrence Scot. land of gold chain and seal at the foot of Brodie's close, Lawn-market. on the evening of the 19th day of September last. The panel pleaded Not Guilty. Mr. Scotland gave evidence as to the; robbery, and identified the chain, seal, and key ; several other wit nesses were examined relative to the circumstances at tending the robbery, among whom were a number of boys who gave the alarm, and otherwise aided in the apprehension of the panel. The Jury communed for a few minutes, and returned a verdict of--Owilty. The Loan CLERK JUISTICS commended the witness _Peter Mill, one of the boys who pursued the prisoner, for his conduct in this respect. and observed, that if all other boys were to follow his example, he believed less depredations of this kind would be committed. ' He was sentenced to 14 year's transportation.— Whereupon the prisoner threw out some reflections against the Court ; and. on retiring from the bar, ex claimed—" Justice! What *Court of Justice I" Eliiatt and-- M'Phie were then charged with unlawfully abstracting from a house in Darling's Buildings, Stock-bridge, a white cotton counterpane, awl a silver plated candlestick, by means of entering an open window of said house, about four or five feet fiom the ground. on the afternoon of the 2d day of Jnoe last, and of being habit and repute thieves. The prisoners pleaded not guilty. The rubbery was dis tinctly proven by one of the Serjeants of Police, who bad traced the delinquents to the place where the rob bery was committed, and, along with another wan, con trived the whole transaction ; and who also deposed to a conversation which took place between the wit ness and the elder panel Elliott, in the Police Court, recording an acknowledgment of the crime, and upon the offence; the panel ob deponent that allthat could be inflicted nine months in Bridewell, or at farthest for seven years. Both of the prisoners he least affected ; particularly M•Phie, years of age. who sat playing with his ronnd him the whole of the trial. ithout retiring from the box, returned a 1g the cha-gcs of the indictment proven; :; bat unanimously rocatummsding the junior panel. 114Phies to the clemency of the.Cuurt, on account of his tender age. The Lona /MIMI Cutout then aedressed the pri soners, saddler alluding to the erroneous calculirdoits which What had made respeeting the punishment dos to the crime. sentenced blur to transportation for life: and on account of the unanimous recommendation of mercy by the Jury to the Court. and the age of the panel commuted his sentence to twelve months' imprisonment in Bridewell, and to be kept at hard la bour. _ _ _ ___ On renseviag the prisoners from the bar, WPitie, the yesinget delinqueot, began to weep, sad said that "he would rather prefer transportation for seven years, thou the punishment which was shunt to be in dicted upon hitt." LAW INTE ',LIG HNC& COURT OF OF CHANCERY, Div. 8. This morning. upon coming into Court. the LORI, Cnsecau.ou informed Mr. Stunwsu. and Mr. SU Cl ara, that his Majesty bad been pleased to appoint them two of his Comm' Learned in the Law. and he therefore desired that they should take their seats within the Bar. The Learned Oentlemen accordingly took their seats within the Bar. purilshtnent ezii 4 'r ►ervang to the 4 ~ upon him was n transportation I appeared not *tho ( a buy only 13 y cap, and loukin l ) The Jury, wi verdict, fin .ing STATESMAN. the minds et the Jury on the question of Mr. Cotton's band-writing, but merely to raise a doubt in their , minds whether the signatures to the aidavit and the' bond, and the words on the envelope of the certificate,' were written by him. He wished to remind them that this eertificate had been proved by the production of the blioks front the Archdeacowry-office. To that plum it bad been transmitted in due course of business, and had been registered there by the proper authority. It was therefore proved to have been actually made at the time it purported to bear date. and might be considered so far as an ardent document. Hat whe ther it had been forged, or whether it was genuine, the plaintiffs cue was equally defeated. If forged, no marriage whatever had been proved, and the plaintiffs could not claim, as heirs at law, being illegitimate, if it was genuine, then the property must have belonged to Evelyn Rowland Cotton. be having been the first child born after the marriage. and by him It had been given to Mr. Ward, so that. in either case, the verdict must be for the defendant. The Soiterron•Osmenat. said, at this late hoer, when the Court, the Jury, and the Counsel were ex hausted by their attendance, he felt himself obliged, especially when he considered the importance of the cfuse, to ask that its further consideration might be pbstponed to Monday. If his request was not granted, he w.O confident he should not be able to do justice to the part with which his clients had entrusted The Court then adjourned. OLD D.IILEY.—SercRo4 r. —...... Thomas SaxeMy was indicted for feloniously forging an 4 eonnterfeiting a certain last will in writing► of Thomas Robinson. with intent to defraud Thomas Robin son and others. The first witnesses in this case were Messrs. Tyke, Luke, and Oossling, Proctors, at Doctors'-Commons these were examined at great length on behalf of the prosecution by Messrs. ADOLPIIINI and BRODRRICR; and Serjeant HULLOCK, Messrs. TYNDALL, CURWOOD, and PARK, for the prisoner, severally cross-examined them ; their testimony went to prove the depositions made by the prisoner to prove the vAlidity of the will, subscribed to by the late Mr. Thomas Robinson. The next witness was a man of the name of Thomas Lockwood, who swore that the signature to the will was net the hand-writing of the said Timm Robinson. Thi4 witness underwent a severe examination by Mr. Ser jeant Hullock, and at length acknowledged he might be mistaken, and, finally said, he believed it to be the hand writing of the deceased. licorice Clarke, is a school-muter residing at Hull, he was formerly a clerk to a Bank, where Mr. Robinson kept cash ; he would swear positively the signature was not in the hand-writing of the deceasi.xl; there was a pay cloth in the same house, of the name of Turner, he. however, did not know what bad become of him. Several other persons of the names of Martin, Jeffs, who. loge they with a girl named Mary Bailey, gave similar trai -1 mony ; this girl swore that Mr. Sazelby, the prisoner, was not at the house on the day he stated, nawely, the filitlkday of April, 1813, when the will in question was made, by order of the deceased, Mr. Robinson. Oa the part of the prisoner a great number of wit. 'messes were called, amongst whom was a Mrs. Philip son,'who fiatlycontradicted theevidence ofMary Bailey; 1 .proved, beyond a doubt , Cott Mr. Saxelby was at the the day he deft-Abash-sad was, for a &Studer. e time with Mr. Robinson alone. Two ladies, relatives of Mr. Robinson, deposed to the same effect ; and other witnesses gave it as their opinion that the signature was in the hand-writing of the de ceased, Mr, Robinson, who a short time previous to his death became delirious. Mr. Poysu, of Derby, as well as Mr. Peckard, of Hull, and other most respectable persons, gave the prisoner a high character for integrity. Other witnesses were about being called for the same purpase, but Mr. Baron Barrow having put it to the Jury if they were not satisfied,—they assented. Mr. Justice Biwa then briefly recapitulated the leading points of the evidence, and the Jury instantly pronounced a verdict of—Not Guilty, to the satisfaction of a very crowded Court. On the verdict of Not Guilty being pronounced, Mr. Serjeant litru.ock applied for a copy of the indictment, with a view of instituting a prosecution for a conspiracy. Another indictment for perjury was preferred, to which Mr. Saxelby pleaded Not Utility, and insisted upon taking his trial. Mr. Rushworth, attorney for the prosecution, said he had no instructions in the case, and wished the trial to stand over until next Sessions; the Learned Judges. were, however, of opinion, the defend. ant had a right to his trial then if he wished. Mr. Broderick said, he should not offer any evidence, and the defendant was instantly acquitted, and left the Court to meet a most numerous circle of friends, who were waitinK outside the dock, whom he joined, and left the Seisms House. MIDDLESEX SESSIONS.—SeIVRDdr. —.... Mr. Robertson, Clerk in the Navy Bill and Accountant Office. stood indicted for defrauding the Treasurer of the Navy Board of 901. 15s. by means of a fictitious hill of exchange, in the name of Peter Mitchell, a pilot. Mitchell, it was proved, had piloted the Meridian, Erne, and Wasp, on the Smyrna station; in the years 1816-17, and had been paid for his services by a bill of 571. drawn by the Consul of Smyrna. Evidence was given by se veral Clerks in the Navy-office as to the transaction with which the prisoner was charged. One of the Clerks stated, that the prisoner !tad been 25 years in the office, and had a salary of 4201. Mr. IV AL7ORD addressed the Jury for the prisoner, and milled a great number of Gentlemen belonging tw the different departments, among whom were some of l the Commissioners, who all gave the prisoner a most ir reproachable character . The eIIAIIIMAN impartially summed up, and the Jury found a verdict of— Guilty, but recommended the ' prisoner to- the merry of the Court. Judgment deferred. POLICE. GUILDHALL.—A pour maniac, who said her name was Thvodosia Palmer, was brought op on Saturday before Sir JOHN PEUZING , in the care of Smith, the keeper of Blackfriars Bridge, to whom she had been delivered by one Hills, a Waterman. The account given by Hills Was, that she had hired his boat at the 'temple Stairs about roar o'clock on Ftidav afternoon to take her to LondOti.briiige, a:td near Blackfriars attempted to throw.herself into the River. Before the Magistrate she talked very incoherently. The only intelligible account that could be got from her was, that she came last from Whe stone or Barnet. She was, therefore, sent back to the Compter to lie taken rare of till inquiry could be made respecting her. She is a shortish woman, decently dressed, and apparently about 40 rears o ld. • MA:mos-notsc.—by% Saturday a lad was charged with dog stealing. A Mr. Sprogstop, of Betifordhary, , . had bat his sliattiel on Friday weelcorlimilirieh was d ee ,..l chained oleaskid that the t had bought the of t itdoi tlre ri s sellet tresi 0 4 : strauget. Alderman Illevorri, who tat with the Lehlllavar said, this practice of huyibg dop in the street lea t l dogstealiag, and the Magisttates mast set thei r f against it. To questions from the Aldermatt, the phew" id . emitted that he had sometimes altered dogs fee w est lbe Royal &chase, and occasionally bought delta, After some consultation. the Louts MATOa ord t N the prisoner to be confined in the House of ce lew to forge months, in default of paving a fine of fidt inch fine should be sooner paid. Bow-rrnaet.—Satorday Mr. Berne. a cheesionew e , was put to the bar, charged with having in his lion three hills of exchange, the property of elk Cliffe, of which the latter had b een ro bb e d oa the l b of O ctober last. Mr. Born. accounted for the bills being In his by stating that lie had got them from a Mr. tee, ett tornev's clerk, for the purpose of getting them dine*. ed. Mr. Lee said. that he had no interest whate ver i ll the bills, but merely to accionmodre Mr. Ald w z anotlii4 attorney's clerk who had the bills. aitil to raise money upon them, introdueed AWe t . k Borne for that purpose, and it appeared that no mad . winced 101. to Alderson on the hills, and whe t d ie m is would have arrived at maturity, and been end Alderson was to take the remainder of the mem goods. Mr. Altasurt.o here called upon Alderson to wane. for his being in possession of the bills, and h• said t h at his mother. picked them tp in a eourt in Fleetetreet. The Worthy Magistrate issued his warrant fee the sp. prehension of Mrs. Alderson, and desired Aldetiou to he taken into custody, and not to hive aceem to his am. tber on her arrival at the office. until she ,bunk he d.,. t examine Iby him. Mr. Minsholl censored stree t * the conduct of Alderson, as a young lawyer, is Atelier money by such means, instead of trying( to find set di e real owner of the bills, which he might easily have dem, from the addresses of the acceptors being put on sachet them. • Mr. Coosa, the Barrister. who attended for Mr. illorek applied fair the discharge of his client, which get % gistrate consented to, upon his giving good bail. *ist. son remained in custody. Roach was brought up by Donaldson. ;hearer,. r and committed for trial at the ensuing Session, for frindulently obtaining money for false and forged dyes of aolinission into Covent-canlen Theatre, Mr. Brandon and Mr. Garliff• stated that the ;mother of forged orders sold by the prisoner and others of his& scliption must be very great, an seldom a night parted without several of them being presented by persons for admission. The prisoner was committed for trial oa the charge of defrauding Mrs. Charlotte Woolf, of 21. fat a' free admission, and the parties bound over to prosecute. HATTON-GARDEN —Saturday John Crook,, a .hut.. maker, was hrunght up from the House of Ceetestios in the custody of Wm. Read, jun. for further mei. nation, charged with inflicting several stabs with knife on the body of Mary Ann Nelson otienrise Crooks, with intent to murder her. The officer pro. dared a certificate from the House Surgeon at Barth,. lomew Hospital, certifying that Mary Crocks (the Ira. man stabbed) is out of danger. bet nor in a 6t slats at present to give evidence. Read stated, that the woman, from the effects of the two wounds she rs ceived in the abdomen, was not yet ahle bl !care her bed ;' and that the prisoner's daughter was than a patient is the same ward, and not able to attend to give eri• deuce, owing to her band being cat across by thepri toner in her attempting to take the knife ant 'this hand when stabbing his wife. The officer statid, that the prisoner was charged with having been married to seven mires, three of whom were still living, bet that the prisoner acknowledged to be married only to six, including the woman stabbed. The Magistme committed the prisoner for further examination. The present Session at the Old Bailey will prows very memorable one, there not being a single Witt• ment preferred before the Grand Jury for the Coesty' of Middlesex, np to Friday, for uttering forged Ng of Rngland notes ; nor is there one to be pref. rred st present, before the City of London Orand Joey. Sari a circumstance has not occurred fur a great nember• of years. But there are no fener than seven pre* cntions on the part of the Mint for uttering *motet , felt coin. Tuesday evening last, as Hall and Pople, Usim Hall Officers, were conveying Church, who was tried for fraud and conspiracy some time ago, to Chelmsford Gaol, from London, in a taxed cart, the vehicle ever turned near the Black Boy Pnhlic•honse, at the es• trance to Chelmsford. he night had jut set in, sad there was a deep drain across the road into which ths officers and prisoner were thrown with great %loiters. PoPir, who c'as thrown on his head in a shallow part °film drain, was insensible for some time; Hall slw sustained some injury; Church, who fell into the deepest part of the drain, was covered with mad, bat received no hurt. A plain fact needs no eitibelliihment—it is onEcient to say that CA grant, sold No. 11,496, a Prize of £30,000 in Shares, on the Last Day of Drawing, at his fortunate Others 19, llornhill, and 26, Oxford strert, To-morrow , a Prize of £5,000 will gained for the trifling of .£2 un a Whole Ticket, and in proportion for Shares. A few4ar . sinee, fire persons in a wherry , ior i " &stip attempting to'go through London -bridge against the tide, were upset ; lint were fortunately!tared by the people -an board a sailing barge which was camla fl through at the time. • Saturday morning a brieklaree's labourer while at work on the scaffolding, fronting the English Orra. House, Strand, unfortunately slipped off, was P rec r tatted to the ground, and died, from the elrect of the severe injuries he recriveel, ;fire. MARRIED. Saturday last, at Streatham Church. Robert Whitmore , of Littc-Iss's Inn, E.g. to Eliza. fourth daughter of Jo *mph Kayc, of Wandsworth-common and New Bank-Imild hiss, Esq. _ DIED. Lately, afters short iliness. Mary. wife of the Ker. Jobe Sudden. Citrate of WlKersey. Glntscestershire. On Fridny mornimt Inst. of aixpiage. John Ring. EA. surgeon. of Hanover-street. Unilever-square. eget' 09 . g e anatt'auliirYttlieo:2l. fot his piallanthrwy and literary pro fes3ional At her lodgings. Taunton. in the yenr of her age, Mary Anne. boweger Baroness de Pararicini. retird KWh.% Karon de Perariehd, forwerly Lieutenant -Colo nel Commandant of Use UM. tie V tiller Kalov. in O. service of Louis XVI. Tun deceased was a native a Oakhumpton. Devonshire. London : PAited. Printed. ett.t Poolislowl alt" "'Tun S 1 1.% '. and " TH6 rataSTIMUTIti/4(001.'"7 Piper), Nu , 104. Strand. oppos.to St. Cieuseet Cott..n. bt K. W B . 'hunt all Cotikeauniratie ttB . Orders. ae. are ropiesteit to be eddressei. dig t im id t 1 -I).° Mi im chi II a I T COURT OF JUNO'S BENCH, Dec. S. At the Sitting of the Court this morning. The Cater Joyner intimated to Mr. PULLER, who was is attendance, that his Majesty bad been [mei • misty pleased to appoint him one of his :°easel Learned in the Law, and therefore that he was entitled to take his sent within the Bar with the rest of his Ma jesty's Camel. Mr. Pu Luta, having previously been invested with the silk gown, took his seat within the Bar accord ingly. The Cunt hams then made a similar cemmnni• cation to Messrs. t rAVNTON and ADAM, and called them within the Bar in the same manner. WOOD V. VEIL, GENT. This was an action of trespass, to try whether Little Abingdon-street, Westminster, is a public thoroughfare. The case of the plaintiff (which was conducted by Mr. MIRITAT and Mr. CHITTY) was that Abingdon street could not be considered as a public thorough fare, without an original dedication by the ground landlord for that purpose. Mr. °MINIM aid Mr. OASELIS relied upon the fact. that Little Abingdon-street, fees period of near 70 years, had always been used "'the public who had occasion to go there ; and that, since the year 1771, it had been paved and lighted by the Commissioners, appointed by Aet of Parliament at that period. The C 11127 JUSTICZ said the Jury had to deter mine whether the focus it pro had ever been dedicated to the public, and whether the public bad used it as a thoroughfare. The Jury found their verdict for the plaintiff, da mages, ls., costs. 405., subject to the opinion. Jef the Court, upon a point reserved. HUGHES V. FAIRY. This was an action on a bill of exchange for 1001. accepted by the defendant, and endorsed over to the plaintiff by a person named Hudson. The hand writing of the parties to the bill, and its dishonour, were proved. Mr. Boasts; for the defendant, said he believed he had a good answer to this action. The fact was, as he believed. that Mr. Hughes was not the person really interested In this bill ; but as the real party had put himself in a situation in which be was not entitled to recover, Mr. Hughes was set up as his agent. Mr. Hudson was the real plaintiff. Mr. Hudson was a tobacconist, but be was also a good natured person, who furnished young men in want of money with that necessary commodity on their bills. The only objec tion to this dealing was, that he sometimes requested them to take goods in part of the amount of their bill, by which mode the trouble of calculating dis count was avoided. In the present case the defendant received a gold snuff-box, charged 88 guineas, a gilt watch at 65, and a tortoise-shell box, charged 28 guineas. as part of the amount of the bill in question, and another accepted by the same party for 97!. He I would call Mr. Hudson, and expected to be able to prove, by his testimony, that the articles were notl worth h.ilf the sum charged for them. Mr. Hudson was then called.—Witness is tobacco nist to his Majesty—deals occasionally in snuff-boxes and gold-watches, but not in pigtail tobacco, or any thing so vulgar--sells more gold snuff-boxes than any jeweller in town—defendant never applied to him to raise money for him. The consideration fee the bill in question, and another of 971. being overdee, and which never had beets paid, and most likely never would, was a gold watch and two gold boxes, and some other articles. The value of the boxes and watch was what be had charged for them—would swear they bad cost him three parts of what he hail charged fur them—defendant came repeatedly to witness, and asked him to let him have the articles ; lie tras intro duced to witness by Mr. Lowndes. who said be was a safe man—witness did not tell defendant the best way of raising money was eo buy boxes and watches.— (The watch was handed to him)--..0n his oath he did not believe it could be bought in any shop in London by a bill at nine months, for less than 65 guineas— there was a great difference between nine months bills and ready money. The bill was out of his hands long before it became due. The Cam JUST!' S said the defence was not made out, and the Jury found for the plaintiff, for the amount of bill and interest, 104/. COURT OF COMMON PLEAS, Dec. 8. HEIR ♦ND OTHERS V. WARD. The Court resnuirl its consideration of this case at ten o'clock, when a few witnesses were called on the j part of the defendant to prove the words written on the envelope containing the certificate, to be the hand writing of William Cotton, sen. The plaintiffs then produced evidence in reply, which went to shew .that. the signatures to the affidavit fur the license and to the bond of indemnity, as well as the writing on the envelope. Mr. SCARLITT then addressed the Jury for the de fendant. He observed that the evidence which had just been adduced, was brought forward Dot tp satisfy ■ r Pc i ~. A 111 at* it fla D %1 ti