The Statesman. — London, England, 1821-11-09 00:00:00

ts • LA.' ; . Olt enmetrAY, Nov. L •- v:11 • . 4 4 CON'TICIIST OP COURT. , stubs' v. naaLow. , Mr. Ittirsm. stated that the affidavitas dospart of the defenitasts bad been filed, and they essialned the . whole circumstances of the emir 1 11 .7 were of great length, sand t h eir coolants recce af.such a mann, that be bad to wisest his-Lordship would hear -them in. his private mem.. Mr. Cntwo.mitt be bad sot seen the affidavit.; in fact, bolus' se iastiseelase. as his elicit considered •.. that the ease had boas pat sa mid to yesterday,. The 14611 D 0114.11C114011 11 You eau sopa Ito my , private row Mr. Ching,. sad bear the &Malts mid ; for the caneo as simulated:lo me yestaeday..le else of the. worst nature of contempts I ever heard. • .1.-cannot 1... presume it tabs proved moil I read the affidavits on she othee side.- If the Ceased and Solicitors of the . parties will attend me sow in my private room, I will hear it. His Lordship tbea raffinad t sad after being almost as boar, returned. • VII Loan ClRANCRLlAlL.rigarilitte. why in hearing this awe* of Cis 401 a y ease where a Ward of Conn is aspersed ; but where both parties consent* I do.gdriakletaillt to refuse. 1 -highly approve of the conduct oiler. Itoapell in asking that . it should be beard oat ofteurt, and of the coaduct of Mr. Ching in ,consentiapr tait ; for from the painful ritcomstapcos disclosed ira the affidavits, it wottlalave made it a painful duty for me to have performed my duty in Lburt. that, oommitted one of the defend ants." We understand that his Lordship committed Thos. Barlow to the custody of the Warden of the Fleet, and observed, that he would read the affidavits, and further consider bow he would deal with Joseph Barlow. COURT OF KINGS BENCH.—Werruntrna, Nov. 8. THI ZING V. TURNEN. The defendant appeared at the sitting of the Court to plead to an indictment preferred by the Constitu tional Association for publishing some of Carlile's works. The indictment was read by the Officer, and the defendant pleaded Not Guilty. He was told his trial would come ors at the Sittings after Term. RICUAHDSON V. SIR H. MUM This was an action against the defendant for an as . • sault and false imprisonment. The cause was tried before the Lord Chief Justice, at Guildhall. and a ver dict found for the defendant. Mr. SCAELETT OR this occasion moved for a new trial. The plaintiff. who sesides in Essex, was going • to London, when he was stopped by an officer belong • ing to Sir R. Reeve, the Sherifflor Essex, and served with a writ of ca. ea. 'l'ne plaintiff said it must be a mistake, as he did sot owe at much money as could en- title any man to arrest him. The name in the writ was Was. Richardson, and the plaintiffs name was John. The officer would not listen to what* 'plain tiff had to say, but insisted on his captloti, aid look the plaintiff to Ms house. It was there discovered that the writ had been sued out by some malicious per son and the plaintiff was discharged. Some time after be brought his action. • The CRIER Jurrice, i■ his charge to the Jury, railed their attention to a piece of paper which bad - been pinned to the writ, and which contained the place where the plaintiff resided, and oiher particulars. making it almost impossible for the officer to be mis taken in the person of the plaintiff. There was no doubt the writ bad been maliciously sued oot, but the Jury had to consider whether the officer had received instruction which made it impossible without a breach of duty to avoid arresting the plaintiff.—The Jury bond a verdict for the defendant. Mr. SCARLET? now contended in support of his mo tion, that no instruction received by a Sheriff's officer could authorise the arrest of a person whose name did not appear on the face of the writ. • Mr. Justice BEST asked whether there was no attor ney's name to the proceeding? . Mr. ANDREWS said there was, but it happened that there were no less than four of the same name. Mr. Justice Blom—Something ought to be done to put an end to such dreadful abases. The LORD Cuter JUSTICE said this was a question of great importance, not only to the civil but criminal administration of justice. If the mistake of a name in a writ or warrant was to make the officer responsible the consequence would be serious. Under all the cumstances the Court granted a rale to shew cause. WEST r. ANDREWS. Mr. OURNEY moved to set aside the nonsuit in this case, and enter a verdict fur the plaintiff. It was an action to recover penalties under an act passed in the fifty-fifth of his late Majesty for the protection of paupers, and to prevent parish-officers supplying the poor with provisions. The Bill was brought in by Mr. I). Gilbert. The action was tried in Sown, and it appeared that the defendant • was one of the Guardians of the poor of live 'consolidated parishes in that county. It was proved in evidence that be had entered into a contract to sell sheep, to aperson names Griffiths, who fanned the poor, and tbe Learned Coon sel for the plaintiff contended, that such a contract was an infringement of the Act of Parliament before named. The defendant consequently bad incurred the penalty of 401. The Learned Judge held, that inasmuch as the defendant did not supply the poor directly with provisions, but the man with sheep, who farmed the poor, be did not come within the weaning of the Act. Mr. Justice BUT asked who the farmer was ap pointed by ? Mr. tluatiev.—He is appointed by the Guardians I of the poor , Rad the contract is obviously se infringe meat of Mr. Oilbert's Act, which was passed to pre vent the very thing which the defendant had done. If half. dozen Guardians of the . poor make contracts with the farmer, they have an interest in the prowi- . lions supplied, and consequently they cannot exercise a proper superintendence ever •the concerns of the poor. In that view be sabasitted that the seaside ought to be set aside. The Loan CHM JUSTICZ.StippOSO en con pleintleade to these Guardians that the previsions to the!~ are had, and it appears one supplies the sheep, another the bacon, and ethers different ankles to the ' farmer, will they not have an interest "in upholding tNe *apply. and consequently the judicious contrail t• eysis expected to exercise be withheld. .I • The.tlaildibsilderiag_rdi thrioaringa a thi nille . rlttfZ wan :., . suliciant maid M, grant u auk to ~..00 . , . •. 6 , flUaNalr W. OCT.*: . .., '.. This kilos was tried before Baron Wooapt Croy don,—The CO/ MOW SISIMANT applied this day for s now trial, os the ground dud A... Luria Jiilr 4114 rejected adolssiWe ovidosts. The question Anorho thee the signature. of * plgintiff to a warraid a sio -1,101107 trot Paolo* ? Memos was celled lb rift ibtplaintli was noCia the rims whew the i op Faid.to hanobeea arta, long enough tq rat is 4111616114 Wit. The lather of the plaintiff' AD 4•- pentalffilitk.iess sot his 0011'4 hand-saltine The f ainieset rajesat was prepared to can Mr. 'Lees. In spoder of lianis.antes, sad persons from the Freak dies.= the &sera Passaic% as bdig wellihilled 'inindging aloha wridag, bat the Learned 4atige coEsiderod etili evidence leadmissibh. 17, airy hand averdistlor the' deferdsat, thereby . ***big the signature to be genuine... _ ... 44 , ! ,, • • .fi ttiui l t o .. The p 0111024 Sall4llO4T 0.1111.111111110, elfeem 4, ties of the 'edit-was erroneous , such sr as be bad rejected baring heel received by , mon,. Judge, Bailor s Me, ;notice 4‘shirirst, via Jude, Ciosld l , in 4 trial at bar. ‘ The Coolit graaied a rule .to show rasa*. --oss.-- • - . COURT OF COMMON PLEAS, Tnunonsi, Not. 8. ' WHIVENSAD . V. 11111 OWN. .Serfearit iihrw.ocx moved the Court for a rnle to chew cause why a writ of sequestration, which bad been sued out against the defendant at the suit of the plaintiff, should not be set aside. or stayed in the hands of the Register of the Bishop of London, till the claim of Sir Alexander Campbell, on whose be half the motion was made, should be satisfied.' The motion was made on the affidavit of Sir Alex. Campbell's solicitor, which stated that the defendant is a clergyman. and rector of the parish of Tracton, in the county of Essex, and that be had granted an annuity for valuable consideration to Sir Alexander Campbell, which being in arrear, an execution was sued out, directed to the Sheriff of Essex, who made a return nulls bona. In consequence of which a writ of sequestration was sued out, directed to the Bishop of London, to sequestrate so much of the defendant's ecclesiastical income as should satisfy Sir A. Camp. bell's claim. This writ was lodged in the office of the Bishop's Register on the 25th of June last, and it appeared by notice from the Register giten since, that a writ of sequestration at the suit of, the.pleintir bad been lodged during Term, but bad no been renewed till the 27th of July, being a month after Sir Alexander Campbell's writ was lodged. Oa the ground. of this irregularity the Learned Serpent prayed the Court that the rule should be granted, and that the Bishop of London or the plaintiff, Whitehead, should pay the costs.—Rule granted. SESSIONS HOUSE, CLERKENWELL. Yesterday being the adjournment:days/ - * sions,Ut Cierkettwell; 'held before flawirii, Or. Esq. Chairman, a cause was tried wherein JaiteaSeott. Esq. of Oratton-street, Bond-street, was plaintiff, and the Trustees under the Act of the 52 George 111. for making a new north road from Haberdasher's-walk, Houton, to Higbbury-place, Islington, were defendants. The plaintiff's case was opened and sustained by Mr. ALLEY and Mr. ADOLPHE* ; and the part of the Trustees defended by Mr. WALronr,, and Mr. Buis. — It was stated that Mr. Scott held some lands at Isling ton. which it was found necessary the Trustees should purchase. They tendered him the sum of 125/. which they had been advised was an ample compensation ; but this tender having been considered by Mr. Scott, as under-rating the value of his property, be was de termined that the case should go beforeaJory of valua tion. The plaintiff demanded 3801. as the fair and reasonable value of his interest in the land, and the case was ably argued by Mr. ALLEY and Mr. ADOLPHUS, who called three respectable witnesses in support of his claims. Mr. WALIPORD and Mr. Ewa, on the part of the Trustees, alleged 1251. was not only a fair and adequate bat a very liberal valuation of Mr. Scott's hottest. The CHAIIMAN having summed up, the Jury returned a verdict of 150/. for the plaintiff, with assts. b'~ POLICE. Clutt.DllALL.—Considerable interest was excited at this Jusiee room yesterday, by the expectation of hear ing the decision of the question between the City Li berty of the parish of St. Andrew, Holborn, and the Inhabitant Householders of Thavies Inn, relative to the liability of the latter to be assessed to the rate fur the poor of that liberty. The question was before the Magistrates at this of fice in the early part of October, upon the bearing of a summons against Alexander Fraser, Esq. an inha bitant of the Inn, to shew cause why a warrant of dis tress should not be issued to levy the rate lia lpon goods and chattels, he basing refused pay s otshe same. The then acting Magistrates. Aldermen Ant ley and Waldman, declined granting the •warrant, upon the ground, that as Tbavies Inn bad heretofore been considered to be extra-parochial, and no poor rate ever enforced against the occupiers of houses therein, the Parish Officers were bound to sbew their right to rate, the prirns facie evidence of the fact be ing to the contrary. The case assumed precisely the same shape, viz. a summons against Mr. Fraser, yesterday, before the Aldermen C. Smith and Cox, who were assisted by the City Solicitor. Mr. Jobson, the Vestry Clevis„was 'about to open the case on the part of the pOr , * ; ,. when Mr. Fraser observed, that as his name appevod conspicuous, as the person resising the payment ofthe rate„ it was pro _ pet be should state that he was simply i housekeeper in Thaviea-inn, and had no other interest in the ques ' ;ion; which was, however, one of goat importance to the owners and proprietors of *the freeholds, 'and from this consideration be WI entrusted the disersiob' upon it to his 'Solicitor, Mr.Doyites, who now assunisd on his behalf. • f 'Mr. Janos then said, that in ir taking his itpp' -don for' a wrrrint of distress against Mr. Fraser, the parish were Wafted by no personal. motive against ' Thefe'obj*t was to bring live gladden to issue. stbethir or,tio,Thavies Ina was its‘i• M loe ssiriesi to the poor tate. sod Mr. Fraiesoi tori!stoil for this" purpose.. is partimlariy. liiiteaitsis* it de- chill the Quarter Session* is an apal mg the part of St. Andrew's parish agaialt an or der for the ft, moral °repulse from the parish of St. Paduae le their Liberty, *lobo the ground of having obtated settlement therein, by servitude with Mr. Preset, ditty were birthesed with the poor belonging to the Inn.— , The seal question was between the parish and the in habitue!s of the Inn generally, it being bat justice, :that withe parish was liable for the support of their poor, the inhabitants of the ion should contribute to the rate for that purpose. He quoted several eases, and also a dictum of Lord Mansfield, to chew that all objections to poors' rates mast be made by appeal, and parties having bad due notice of the rate, and nag lasting to appeal against it, must be concluded thereby, and could not subsequently urge any legal objections' against the payment. Under these circumstances be trusted the Magistrates would allow the warrant of distress to. issue, when the parties, if dissatisfied, might try the question upon an action for trespass. If, however, the Magistrates should decline granting the warrant. It would then become his duty to move the Coact of King's Bench for a mesdames against them. Mr. Damns submitted that the remedy by monda mos would.))e the fittest and easiest method of briar ing the question to issue. The Court of King's Bench was the proper tribunal to decide it, and if Mr. Job son was really so strong in cases as be asserted. he could have no objection, as the Court could sot in that case hesitate to decide in his favour, The City Solicitor said it was discretionary with the Magistrate to grant or refuse the warrant. He was therefore of opinion, that to proceed regularly the rate should be given in evidence, and Mr. Deykes should then state the reasons for the refusal to pay. On inquiry the rate book was not in Court, and it was at length agreed that the case should be again heard on Thursday next. Bow-amass.—Margaret Gilson and Sarah Doyle were brought up by Purton and Read, on suspicion of robbery. In searching Gilson's lodgings, at No 2, Titcliburne-court t Holborn, under a search warrant, for some shirts which had been stolen, the officers discovered a trank in theroom, which they broke open, and in it found upwards of:10 skeleton keys,3crow-bars, a dark lantern, and several other instruments for housebreak ing ; two silver spoons. the names on which had bees filed off ; and a silver watch. The prisoner at first said the trunk was her own, and her husband bad the key; but she afterwards stated, that it and its contents belonged to a man of the name of Richard Stoltock, who, it appears, was transported Iwo or three years ago. The.prisoner Doyle was with Gilson in her room when the officets were there, and they took them both into custody. Her husband, however, appearing to be an honest industrious man, she was discharged, with an advice from the Magistrate to be more guarded in future in the selection of her companions. The other prisoner was remanded for further examination on Wednesday next. John Murphy was charged with stealing a snuff box from Lawrence Parodi, in the month of July last. Senor Parodi, who lace Italian dancing master, swore that one evening in July last, he went to the Opera, and immediately before his coming out he hind the box in his possession ; but missed it when he got home. Harriet Newton stated, that the prisoner, who sold walnuts, Ste.. and dealt at her father's shop, told her that he found the box at the corner of Covent-garden; and having spent more money on the preceding day than he ought, he was distressed for 55., and would let her have the box for that sum. She accordingly purchased it from him.—The prisoner was committed for trial. Thomas Marsh and John Cooke, whom the officers described as notorious offenders, were also fully com mitted, for having picked Sir Charles Dance's pockets, when coming out of Drury-lane Theatre. Parton, the officer, seised them both, while one of them had hold of Sir Charles's skirts. tits tox-uma..—Edward Cooke, a man of distressed appearance, was brought before the Magistrate, charged under the following remarkable circum stances : Mr. John Price, a respectable shopkeeper, stated that the prisoner camesito his shop one morning, and ordered goods to be sent to a lady named Ack low, who he said resided at Clapham. The prisoner did not ask to be the bearer of the goods, nor did he offer to accompany the bearer : but it was the custom when messengers came with orders from places at any distance, to let him have a comfortable meal. The pri soner was treated with the usual hospitality, and left the shop, The geode were sent to Clapham, but no Mrs. Acklow was to be found. There was, however, no further imposition attempted to be practised, and the articles were safely brought back, the complain ant having sustained no injury except that which the very sharp appetite of his visitor had indicted... , Mr. Price, upon enquiry in his . neighbourhood, leaned that the person whom he described much resembled ea man who had found out' a new way of getting a hearty slimier for nothing, and that he was dining Avery day at the expence of some shopkeeper or Other to whom be had only to mention the charm of Mrs. Acklow's name to secure the best of treat ment. This report had soon the effect of disturb ing the tranquillity of the prisoner's meals. He was apprehended, and charged with having pursued this • career for some time. The Magistrate asked whether the prisoner had at any time taken any money from those to whom he had gone with oasts ? It was answered he bad not. The prisoner did not deny any part of the statement. He had, be said, ordered the goods because be was in the utmost distress, and wanted bread : but he had never gone beyond that degree of imposition, •al 'though be bad a wife and three children famishing. • A person in the office said, that be believed a more serious.. chat...would shortly be brought against the primmer., The Magistrate directed that the prisoner should, under these circumstances, be remanded. Nose on #intoelf cam 6c Ms , Bisn'aPffiAe.in Corshill are the 1 30.004 Mira sold by Bien, , sold die Apt fikeipnly 30.00 W. Lottery . ; nut if to tells the ptberm have to talter llprio.lBls, to Nov.ls2 ealy.P4ces that ever, Reid Tlit!!., - Lottery; and his having .aeld .the o ut of the power of any bacilli hi, SHIP. NEWS. Tim Al. and Ham 0 Hull, for London, co 6 a two anchors in Yarmouth roads on Sunday, sad spoken with at one o'clock on Wednesday l iegs i l / 4 about three miles from Helvoatilays, eadeaeserist Make that place, by the Princess Charlotte peke at rived at Hdrwich. The thnitral Brock, from Liverpool fbr %rt s h. pot into . Holyhead 4th instant, having oxi m i ii - 4 ; 1 4 Tory s e ve re gales of. wind I had lost one ho reei 4 4,1 another very much.broised. Baintasovos„ Nov. 4.-6-On the 4th instant sew a most violent gale of wind, with rain, from th e *a t which did consideiable damage on the am t . h e following account la AO best I can obtain lip time :—Hannah, of Dundee, with a general eaegitL.. lost her mainsail and gaff topsail; Lady from Dundee for London, lost her boats and ltel eaL is very leaky and expected to discharge. De spie - t . from Shields for Yarmouth, shifted' her cargo * 4 leaky; Nancy, of Shields, foandered, and all about two miles SA: of the pier, in the presses 4 hundreds of spectators, who conk' kl•i render 4 1) , sistance. On shore at Henna, William, *fin* . from Sunderland for Wiebeach, with coal; eresry u j and vessel expected to be got off. Several m e d ian Is the bay, with loss of sails. boats. Sce. DEAL, Nov. 7.—Tbe bull of a vessel was eleimq on the north part of the Goodwin Saud toilayoesi w . , veral of our boats were immediately manned, tad p t ., seeded to the wreck ; most of which are new rum* and report they could not ascertain any particulars ; but suppose her to be a collier, as coal was eke* on the sand ; also an anchor, about 6 or 7 curt. os part of two cables, one about 12 inches, the tuna I ; they further report another vessel to base beta Is,, the sand, as several pieces of wreck and a stet" pm lay strewed about; from the appearance they semi s the latter to belt schooner. Captain Peckett.o th Britannia, arrived here, reports be saw a ship yseur. day, near the Kentish Knock, totally dismal:id, sal not a soul on board ; name on her stern "Ilsis, of London." The Nassau, for Bermuda, &c., loin anchor last night, which was recovered apd pm m board again this morning, previous to her sillier, NEWHAVEN, Nov. 7.—The Iris, from Seethed, is on shore to the west of this harbour, sod magi* charge on the beach to get off: doubts are eatertais• ed for her safety. The wind continues very mgt. I have just heard her fore foot is knocked off, &adds she has five feet water in her hold. The Aseen,i,f Rotterdam, from that port to Liverpool, caught finis the forecastle on Sunday evening, the 4th isstsakat Dungeness, and was burnt to the water's edge. 'lle crew was picked up by the Iris, of this port, sad rt on board a vessel bound to Antwerp the fullesrisek. A melancholy, and perhaps unprecedented widest happened at Cassoehie, in the parish of Mettle's, es the afternoon of Tuesday last I..—A fine boy, Am 14 years of age, in farm service there, while Wily running out. of his mashies stables, got Me bead to tangled in a pair of pluaghtheats, and dislocated ha neck by a suddeia Jerk. Medical assiatasts was In. mediately procured; and although the dislocation oft reduced, resuscitation was found to be impractitabla— (Edinburgh Corrette, Nov. 5.) Wednesday evening an inquisition, which lasted tem ml hours, was taken before Thomas Shelton, Esq. Coe ner for London and Southwark, at the Bricklqes' Arms, in the Kent-road, on the body of Joseph Eetry. William Foley, waiter at the Bricklayers' Mss, stated, that the deceased came there on Monday ism noon and sat in the Coffee-room ; he had some aid bid for dinner, after which he partook of three pints if ter and a glass of gin and water; he appeared is ales desponding state daring the day, and repaired to W about ten o'clock; he called to him to settle his red* ing, which be said he would do after breakfast next is!. Between eight and nine o'clock on the folloiring ems ing (Tuesday) witness went to the room and diseeeml the deceased stretched on the carpet, weltering is Vs blood; he was qnite dead, having his head neatly* vered from his body; a razor covered with bleed ley near him, with which it appeased he had committed& dreadful att. Mr. Thompson, of No. 6, Peterborough-coot, Plan street, stated, that the deceased occupied apartimiltio the same house with him ; he lived there abed thee months, his wife and two children spent some doe** him ; he was an extensive fanner residing in bat shire. Witness understood that he had been Meek under some pecuniary difficulties. The Beadle said he searched the deceased's peal% but fonnd no money; be produced some certidattes d corn-merchants found upon him, from which it a that on the 14th of September last he made pure grain to the amount of 1,4001. in the London market. — Verdict, Temporary Mental Derangement. Sunday night, Mr. John Allen, who resided in Br* don•street, Walworth, went to bed as usual, and Oa Ibt following morning, was found suspended by a ins km the tester of the bed. He was quite dead, and haiku' hanging for some hours. A jury sat on the body day afternoon, before Mr. Jesnnutt, Coroner for NM , at the Duke of Suffolk, Brandon-street, Walwords. Vor diet, Temporary Derangement. Au inquest was held yesterday afternoon , at the Crown and Grapes, Little Newport-street, loices te ,,.. r. square, before Thomas Higgs, Igaq. Coro" , IL: — body of Sarah Lewis, a child about few fuNtl a r,:,, the daughter of Mr. Lewis, of 41, Lisle-stftet , w",r 4 imprudently left by the person who had the moot i' s with two ebildren.younger titan herself, in snares:lt at her father's house ; they began to play s it b I t a which caught the deeensecl's clothes, and Wrn otw . ar "* . tendant returned she was burnt to death. i t _ prising that the other children were aninjered. 1 1 1 1 1 : Jury condemned the gross neglect of persons hav ili g care of children. leaving them unprotected is a So where there was a fire.—Verdict,, Accidently Beret. 44 • BIRTH. • On tlie 7* 'lnstant, to Poland-street, Mrs: 11 1• non. . , MARRIED. At' St. Audrairi 7 , Auckland. on Wedgeslq iPtift elitteibuelt. of the 68th regiment of Amt.. Callikorbedt. Esq.. Of Warkwortis. to Mary Mai ' fiSsibisi of the late Ham. Thomas Lyon, of ad" `Mar Durham. Is- ( ( voi i if: .4 T~ Inl :am 1. 11. th .61 . 44 * • ,t 1 a 1 e e t Samara. Mdi glki —...i• :J."- 41,13 1 :- • f DIED. wordsr • A. ,, 11 ." 10,f Ohlifilellw: Ilmo9dook at Burgh. Lteeehtskital It. wp ree " I II" WV /bre" l tgk t iadastrious cabaret. aged l il . 4444. 181 *r ' *ell . the name of Captaia *haw. as liPief„ . , l 2 ll . °FIFO lA. glpf po g o* , Of 'lndio for buildings In tbst . . ,r oiro7 thermn+A 11S wilA en • " . ~. ,- .. Trgr."....."p He . • traTertleaare! ood " TUU CONSTJTVTIOIIe: "1...11%ii-anili.. 4* age s— 1,111",#400, Pantede. ,•1141 .Pabliabo4 at the (si t lbs. thips:ii sioNjultdi • riFfr kW Itil;'l4trso4oppttsitii Bt. eleissoghli metw o, i if ipe W. -- by k. WARDELL. bL; Lilo *bike ito4tost me to is punk& • (Wars, S. are retittothed to be tuillreiewit.