The National Register. — London, England, 1820-07-24 00:00:00

10 , V / I o n! TUPSD.4I - (LIZETTE. WHIT .11.71. T 17. The King has been pleased to order a rouge d'enre to pars the g: eat seal, empowering the Dean and Chapter of the Cathedral Chinch of Winchester to elect a Ilithop of that see, the sign; being renal by the death of Dr. Bros Mow North, lam Risher thereof; and his Majesty Mi. also been pleas rd to Itconmend the said Dean and Chapter the Right IL v. Fathet in God, George. now Bishop of Lincoln, to be by them elected Bishop of the said see of Winchcste , . FonEtcs OFFICE. JULY 18. The King has been ple;el3l to approve of James Colphoun. Esq. as Agent in the United Kingdom of Great Britain and Roland fur the city of Ilamburgh. The King has also bun pleased to approve of Mr. N. M. Rothschild a;r Consul Gentral in the Unind Kingdom of Great - Britain and Ireland lot his Imperial Majesty the Emperor of Austria. The Kinr has also been pleased to approve of Mr. Rcregrino Atgcn as Consul at Gibraltar for his Imperial :Nlaje,ty the Lin prior of Austria. -- BANKRUPTCY ENLARGED. .... . F. Downing, II itddersfi 'ld. grocer. from Jul) 32 to Aug. 9. I liltUPI'S. W. Cobbett, late of Botley. Southampton. and of Catherine street, Strand, beokseiler. Solicitor, Air. Birkett, Cloak Lane. J. Parke, Stockport Eteliells, Cheshire, cotton spinner. Sol Mr. Tyler, Temple. F. Poole. Cullonipton, Devonshire, money scrivener. Sol. Mr. Fairbank, Staple len. J. Jack.on, Bonford, isakiter. Sala. :Messrs. 1113- grave and Walter. S) moral's Inn. W. 1.. Houghton, Kingsmn upon Hull, stationer. Sol*. Alessrs. Rosser and Son, Bartlett's Buildings. .1. Dovey, Wolveihampton, factor. Soli. Messrs. Price, W Mi.:tuts and V. hire, Lilleolll . s R. H. Sellimrs. South Moltun Street, coal merchant Sol. Mr. Dix, Symontrs Inn. J. Toz, Bristol, woollen draper. SOIS. Messrs. Richards, and Medcalf, Chancery Lane. W. Crook, Beanacre, Wilts, farmer. Sol. Mr. Scudamore, loner Temple. DIVIDENDS. July 18, R. Fenner, Paternoster Bow, bookseller—August N, I. Roberts, Hereford. brandy marehant—p, B. Pletcher, Burn ley, Lanea< hire, plumb,r—t2., W. Oakley, W. Overend, and W. 5, Oakley. Church Street, Southwark, woolstaplers—.9, R. Holroyd, Halifax, Yc:kshire, jeweller-8, E. Frears, Raven gin's, Cumberland, stlversmith-9, R. Strong, Whitchaven, mercer-IY. J. Buxton, Derby, mercer—ll, W.. J., and W. Roper, Damuns. Yorkshire, cotton spinners —b, W. Rountree, Princes Street, Westminster, catch builder—l 2, J. Fish. New- Lastle upon Tyne, soap marker—July 29, C. Mackenzie, Caroline Street, Bedford Squzre, merchant. CERTIFICATES to be granted Aug. 8. E. Hopperton, Liverpool. upholsterer—C. Chrtstinn, ♦shford, Sent, innkeeper.--W. G. Carter, Portsmouth, bankers—J. Pe ters, Bathbone Place, jeweller. COURT ()I. EXCV,E, JULY 20. IMPORTANT TO LICENSED ♦ICTUALLERS. ILLEGAL COLoURINO. . . A respectable Licensed Victualler %vas charged upon information with hating had in his custody a quantity of colouring, against ti,e statute, by which he incurred a penalty of 2001. The defendant pleaded Not Guilty. William Fitchew, an officer of the Excise, proved having found a gallon bottle of colouring in the beer cellar of the defendant. The bottle, which the witness produced at the time of the seizure, contained neatly three quarts. Mr. Newton, an Excise General, examined the liquid in the bottle, and declared it to be common colouring, •uch as had been formerly in frequent use amongst brew ers to colour ale, porter, Sce. It was made of burnt sugar only, without any adliixture of malt and hops. The defendant, in hi..; defence, pleaded that he had the colouring in his possession solely for the purpose of colaornrp, brandy, which was allowed by the law, and not for the purpose of using it in porter, which he was aware would have been illegal. lie called a person who stated, that he was servant to the defendant, with whom he had lived ten years. He was in the habit of superintending his master's cellars, and could swear positively, that the bottle produced was the first and only bottle of colouring which his master had h i d i n hi, possession lor tile last three years; and that it had only been used for colouring spirittF, and not fur adulterating porter. Ile had only used about one plat. James Rymer, an officer of Excise, deposed, that he had surveyed the business of the defendant for a consi derable time, and that in Excise matters his character lot regularity stood eery high. The Court pronounced judgment against the defend ant, hut under the peculiar circiiitistatices of the case, initigaied the penalty from .2001. to ts!us. In ant wet. to a question Trout the defendant, Alr. said, that publicans most get their spirits from the ilktillers highly coloured, in older make !heat to be diluted to a 1 riditsble strength, %nitwit •rendering 16 adifiiion of the water too apparent by the pale co • luur. Monday, a gentleman, s‘ho stated that he resided many years at l'entonvillc, came before the Magis trates iu llattun-garden, and gave the following . information :—that between ten and eleven o'clock the night preceding, he was attacked in Spa-fields by Mur men, who knocked him down, and robbed him of .20s. and some other articles he had in his pockets, which they cut open with a knife ; and after beating him unmercifully, one of them st y:rapt( d to cut his throat, which he prevented by putting up his hand, which was cut across ; the sisassin then gave him a couple of stabs, and left him for dead ; he gave a good description of the villains, and said he should know them again, Tuesday night, as a gentleman going towards his resides:ce near Vauxhall, was walking across the road (late a field) at the back of Lambeth-walk, leading towards Eat-street, he was surrounded by fivr, or six desperate fellows, who threw hint down, and covered his head and E.ce with a piece of carpet or rug, and rifled his pockets of his watch and seals, and also of his pAl.et-book, containing, 71. in notes, ar. IN TILE NATIONAL REGISTER. 2orst,e 2ntelltgcnce. ESSEX. The A , sizes for this Count;;;nturneetl at Chelmsford, nn Tuesday, before the Lorn Chief Jumier in the Crown Coital, and Mr. Baron %Vim.) in the Ni Priet Cuurt. CIVIL ha/E.—THE hiNts V. NAST. TIliS IA as an Information in the mitts's. of Quo Warns?,to, calling upon the defendant to strew cause b what autlio• rite he held the oilier of a free Blll';Cfig of Colchester. Mr. t;iiiiiey and Mr. Chitty conducted the prosecution, and Mr. Serjeaut Lawes and Mr. Watford the defenee. This was one of the cases which arose out of the Elec tion Copt eat for the lioi utigh of Colchester at the la.t Ge hcial Elt.ciime. The skit nilant bad voted for 31r. 'Wild man, and claimed his ftceriuul In ICITCCt of his serviinde as On apprentice to a fireman of the Borotialt, and the issue was whether at pessim who had served part of his time to a freeman, and the remainder to a non-freeman, was entitled to admission. The defendant had beets bound for seven Vail 10 a freeman, with whom he had served for three real., and his master having become in solvent, the s emainder of his time tvas seised with a non freeman, who adoweil the otiginal master one penny per week doting period. he case wei•t to the Jury upon the custom, and the July found a verdict for the Crown. 111:.. KIM; V. INMAN. This MIS another Quo Warrant° against a Freewati of Colchester, vtho claimed his freedom in respect of a custom by nhich sets ospective servitude as as apprentice gained him his fseellsan as an apprentice, without refer ence to the date of the issilen.urcs, but in as much as it appealed that the defendant had not bona fide served dur ing the term of seven years. The Jury, under the Learned Judge's direction, found a verdict tur the Cr,,wn. CROWN COURT. No case of general interest occurred in this Court. Edward Nitwit] W 3.4 Convicted of sheep-stealing, and received brut c ;le e of Mani —.Joseph 'fitutause was in dicted for stralikg a pony, but was convicted only of the larceny, and recri‘eti sentence of 7 years' transportation. John Nlanning was convicted of a burglary in the dwell ing lionse of Climb!, Newman, Esq. at Mount Bores, on the ISth of March, and received sentence et death. CHARGE OF MURDER.. On Thursday, Ellvia;sll;cilt;r W:laindicted for the •der of James Alingay, at Doeldinglitirst, on the 28th of December last, by shouting him with a gun loaded with powder and a boatel. This case excited an uncommon degree of interest in the Minty. from its peculiar circumstances, end the man ner in which the alleged crime was perpetrated. The let ironer stood fur trial at the last Assizes, but at his in stance it was postponed until the present Assizes, on ac. count of the absence of a material and necessary witness. Air. lirodrick vetted the case with very great ability. The case against the prisoner was supported principally by the dying declaratiune and deposition of the deceased. It appeared that the poisoner was gamekeeper to 'l'. F. F ine, Esq. and that the deceased was a labour ing man, particularly addicted to poaching. On the evening of the 28th of December last, the prisoner was en the look out for poachers, armed with a double-barrelfed fowling piece. When he entered Dogwood, the property of his • master, lie heard a gun go off, and as be proceeded lie saw the deceased discharge a gun eta lien pheasant, upon which lie went up to the deceased and said, " Is it yon i" The latter replied in the affirmative, and said "Keep off, or shoot you." The prisoner instantly levelled Isis gun at the deceased, at the distance of a rod and a half, and fired both barrels, and wounded him in the groin with a slug, slightly lunching the skin with small shut. The de ceased fell immediately, and groaned with the excess of pain. Prisoner came close up to him and said, " If you offer to stir, l'il blow your b—y brains out." The deceas ed said, " lon Iravekilled me, and 1 am a dead man," and the prisoner left him immediately, in the agonies of death. The deceased contrived to crawl about the distance of a mile to the cottage of a man named Day, where he was admitted, and told what had happened to Mtn. He was removed in a cart to the cottage of his mother, at South weald, and a surgeon being sent for from Brentwood, the Wound was pronounced moo tal. His intestines then pro truded eight or ten inches in length retell his body, and lie told the Surgeon that his assistance would be of no use, as lie was a dying mate. The Sttrgeom betels took from the mouth of the tleeeased his account of the transaction, and put it mi paper. Information was then given to Archdeacon 1400llastun, a magistrate, who, as soon as possible, attended the eicceased, and took his dying declaration on oath, as above stated in substance, the deceased declaring that there Wai no other person with him. A warrant was issued for the apprehension ol the prisoner. lie was at first denied by his Wire, but being beat el to cough, the house was searched, and lie was taken into custody, and in two hours afterwards was brought into the presence of the deceased, who was re two to the deposition lie had made, and which seas lead over to the ptisoner. 'flue declaration of the pri• loner was then taken down, which stated, that when lie saw the deceased knock down a hen pheasant, lie went up to hint , and the deceased istauediattly said, " D—n yon. eyes, if you don't stood I'll shout you," and present ed his gun at bin,. l r risout r apinehended danger to I • - sett', immediately fired one baud of his. gun, and our only, in wl Mt was a slug, and then lan after another who appeared to be In company with the deceased, lint cootie' nut catch him. The tics e ascii died the next slay. It appeared, that when the po imams was taken into cus tody, lie stated to the ((amiable, that open seeiug the prisoner he plat two or three slugs into Isis piece front out of his pocket, and ran after I • . He further said, that when lie went out fur the night he always loaded Isis gun with slugs. It appeared But the gun of the deceased had been discharged heftier the ptisuuer clime up to him, and the deceased on his dying bed, declared that lie bore uo malice towards the pris o n, and that had his gun been leaded, perhaps lie stimuli' have shut the prisoner. Tne pnwuel being called upon fns his defence, put in a written paper, cos ttttt mug the fullowteig words—" It is, and ever will be a matter of regret to me, that I should be the cause of the death of a fedow creature; but hearing and believing that there were oilier men in Dagsvioud, I was ac tuated troin tear, that lay own lute was in insugers" Two or three witnesses acre Caned to prune that the de ceased was a notorious poacher, and that lie had frequently expressed great Isosttlity towards gamekeepets in general. 'flee Lord Chief Justice charged the Jury with three pro , ; positions; first if they acre of npieliale that the prisoner acted from motives of self defence, under an apprehension that his own life was in danger, he would be entitled to general verdict of not guilty ; second, if they were of 00. Mon that the discharge of his gun was not only not necessary for selt•drfence, but a wanton act of malice towards the then they would bad him guilty of the whole charge of wilful murder; and third, if they were of opinion, that he acted under the impres.' that discharging his gun was nece ssary for his defence, but that he did so incautiously and Imitily, I lieu they would find him guilty of manslaughter. The Jury, after hearing the whole of the evidence reca. pioilated. by the Learned Judge. deliberated for about five 11111111ICA, and found the prisoner Guilty of Manslaughter. The Chief Justice, in passing sentence, expressed nt hope that the awful fate of the deceased would be a wholesome warning tir gamekeepers, in the discharge of their duty, not wantonly to deal with the byes of their fellow creatures, even though they might tie engaged in an unlawful pursuit. The Court, taking into consideration the' imprisonment which he had already suffered, adjudged him to be further imprisoned in the Comity Gaol fur the term of nine calendar months. This was the lust case in the Calendar. TIMMERLAKE, V. SIR THOMAS NRAVII, BART. nil %RS alt action against the present High Sheriff of this County fur a false return of nulla bona to a writ of fieri fa. rigs, issue(' at the suit of the plaintiff, upon a judgment ob.. tamed by him agai ist the goods of William Pole Tyloty Lung Wellesley, Esq. The case was this:—Mr. Wellesley finding his affairs greatly embarrassed nt the beginning of this year, and his puffin' being no longer protected by the privilege of Pailiament, he determined to convey his life interest in ‘Vantited-huuse, and moveables therein, to trustees for the benefit of his coeditors, to vi hum, about 20 in number, cir cular letters were sent, inviting their attention to the terms of the deed, for the purpose of signature. The trust deed was executed on the 11th of May, the principal provisions of which were, that all the property above-mentioned was to he conveyed to the trustees, es ith the power, at the expi ration of two years, to sell the sante, or so o ne r , if required, by Mr. Wellesley, for the purpose of dividing the proceeds rateably amongst his creditors, according as the dividends should be received ; that in the mean time the creditors were to engage not to molest his person until the Ist of June, 1822. About thirty creditors, whose debts amounted to about 25,0001. signed this deed. On the morning of the day it was executed, the plaintiff, whose debt amounted to vhoui 30001. received verbal notice of the meeting of the creditors, but he declined attending without Ilse advice of his attorney. The draft •of the deed bad been'executed by Mr. Wellesley at Calais, whither he had goneto avoid an rest. under the advice of his Attorney, the plaintiff, not ithstanding the execution of the deed, proceeded in his action, and obtained judgment, and Is writ of fleet foams was put into the defendant's hands to levy the amount upon the effects at Wanstead Mouse. The Sheriff instead of executing the furl facia* returned nulfa bona under an indemnity from the trustees, and the question now was, whether the deed above-mentioned was operative against creditors who had sot signed it. The Chief Justice ruled, that if the deed its question was bona fide executed for the benefit of all Mr. Welles ley's creditors, those who refused to sign it were barred from levying upon his effects, because that would be giving them a preference in prejudice of the other cre ditors, and his Lordship, according to decided gladioli. ties, was of opinion, that want of' notice of the execs. tion of the deed was no objection. The bona _fides of the transaction was a question for the Jury, and his Lordship was leaving that question for their consideration, when Mr. Marryatt preferred being non-suited, and the plaintiff was accordingly nonsuited. There were four other actions of the same nature, at the suite of other hostile creditors, and in all these, ex cept one, the records were withdrawn. In that tine the tlw plaintiff preferred being nonsuited, in order to take the opinion of the Common Pleasi out of which the re cord issued, upon the Chief Justice's decision in point of law. We report this case not from a feeling of commise ration for a worthless fellow, who with a princely for• tune is obliged by his misconduct to become a beggar, fur forbearance from honest tradesmen who have been duped into giving hint credit: but from the novelty of the law laid down by the Lord Chief Justice, which is certainly at variance with what has heretofore been deemed law. Dues his Lordship mean to assume that the signatures to a deed of ast.igunient of a majority itt amount of creditors is ()Main on the minor amount?— No LAWYER has ever held this to be the case, what ever the learned Lord Chief Justice may rule—if this be law, the Bankrupt practice may as well cease at mice. acquitted. BERKSHIRE. At the Assiz.•s for the above Cuuuty holden at Abingdon, before Mr. Justice Best and Mr. Justice Richardson, 14 pt isoners w ere capitally convicted : They were all reprieved before the Judges left the will'. except one, who is left for execution. A Cause of Decantation of oder came on, in which the plaintiff alleged bhe had been disappointed in tier maw (((( iul views in consequence of being defamed. The defc u • dant was a relative of the parties, and hod said," I'd have pm take care, for she is no great catch." The ci-decant lover was called by the plaintifl•'s attorney as witniss, and on his cross-examination acknowledged that sdid attorney had read over the declaration to hint, and had instill/lel him to he very particular in explaining the word " catch that he understood it to mean she was uufit to become his wift.; the ;import of this was given to witness. in writin:., by the attorney. The witness on knitter examination ai - knowledged, that had lie known plaintiff's nee he should not have married her. On this the Judge said there was an end of the action, and ordered the attorney to be comtnitted. 11 ERT FOR DSII RE. Joseph Ranisay, a buy, was convicted of stealing a 5 1 note, the property of Mr. Saul, his employ eros ho a fiu int,r residing at Kitchen. The note, it appeared, had been left carelessly in a room, and the buy, who had hereilifoie conducted himself honestly, was overcome by the tempts• Lion thus presented to him, and pocketed the prize. 14 hen he had got it he did not know its value. lle was fined I.• and discharged, Mr. Saul promising to take him into his service again. SHEEP STCALING. —Wm. Slough, aged 27, aad Thom Young, aged 15, were capitally indicted for stealing rest'" ewe sheep and four lambs, the property of Mr. John N% - Mtn', a farmer, of North Mimins, in this county. The "!) evidence against the prisoner Young was, that he as•i•ted away in I he sorer after they is tee stolen. The eV