The Statesman. — London, England, 1820-04-21 00:00:00

TH r sTA:trsMAN. LAZY INTELLIGENCE. tO OF KlM:'s BENCH. APRIL 20. CRIMINAL INFORMATION. Mr. Jest: 4 moved for .t tile to shetv cause why a •-ia+inal information should not be tiled against Henry ollyeak. arki Francis, Lis trother, the latter of whom is ti lieutenant in the army ; the former for sendin we tle odierrior delivering :t challenge to Sir Francis ollyoak, erf Staffordshire, i.ruvoking him to tight • dael. dt appeared from the alliditrit in support of the mo tic% that this proceeding originated from a circum stance en a trial respecting the warranty of a horse., the last Assizes f or St a ff or d s hi r e, in which Sir, :+rencis was a party ; and the older of these brothers, :Ratted of giving his evidence positively on a point, said. "he thatight the fact was so." After this trial,, in which there was a verdict against Sir Francis, he, siselte jocularly to Mr. Ilona-oak, said he had lost f.'Hiff. by his testimony. and that he imagined t!'e words "'I thought" would hare chdaked him. Nothing unplea-, sant occurred dant day : Mr. Hollyouk went house with . Wit Francis in his carriage, dined and slept there tint night, and breakfas..etl there next morning; but in some short Cane afterwards, while Sir Francis was standing in the market-place in IVolverhatripton, Lieut. Hollyoak came np to him, and after mutual civilities, handed him a letter, %Lich, on reading. he found to be from the elder brother, which. after recapitulating the uords of Sir Francis to him after the trial, said, •• those words act:labile-I explanation," and desired lie would appoint titre :oil place to give him satisfac tion. Sir Francis, lioldin; the h tier open in his hard, said to the Lieutenant, • 1 >uphose this is a challenge." The other "aid it u as, and asked, would le give the meeting? Sir Francis at.swered. " ter ti.inly not ;" upon u hich Lieutenant 11. said, " then I mean to tell von, aam are a d—si blackguard and a coward ;" and he followed him into the yard of the lied Lion Inn, several times repeating these words ; but finding he could not provoke Sir Francis, he after• wards presented him a written paper, purporting to post him as a coward, and asking the innkeeper to have it publicly fixed up in his room, hut the innkeeper refused. Upon these grounds, the Learned Counsel moved for his rule, hut The Com Justice said this was a question much an: for the consideration of the Wand Jury than the i•tterferewe of this Court, unless some mutual friend could be found in the intetim to interpose and effect reconcilement. Rule refused. AIIORT r. M'e t RTIIY. This was a motion by Mr. SCAIMETT for a rule to show cause, why a new trial should not be granted in this case, which was tried before the Chief Justice at the last sittings at Guildhall. It will be recollected, that it was an acCon against the defendant, a solicitor, fur negligence of inquiry in the business entrusted to trim s touching the purchase of a resersion of 700/. stock ; and the proceedings were recently detailed in this paper. .• The Cutivr refused the rule on the groun.l of the verdict, but granted it on th.• statute of limitations, as six rears had dared before the plaintiff broneht his action. Tits mune. MR. SHERIFF PARKINS .txr , °Turas. Mr. SCARLITT moved to postpone the further argu ment in this case, which stood in the peremptory pa ;:er, o■ account of the necessary absence of the Soli citor-General on the State 1 rial., and hoped their Lordsbips would appoint a convenient day when that LeAtraed Gentleman could attend, and lie named the 3d stf May. The CodlT declined deciding at pr.• 4 ent, but said, that if they complied, it must be with notice to all the other parties. COURT OF OF COMMON PLEAS, Aram 20. W•LEF.II r. MILLS. This was an action brought to recover some game .enalties, and tried before Mr. Baron therms, at the last Asiates for Sussex ; the verdict was entered fur the defendant. The facts of the case were these plaintiff was a man of large landed property in Sussex, and the defendant a cottager in the same county. The gamekeeper of the plaintiff being out at the o'clock on a Sunday morning, 'hard some noise o f a h are caught in a trap ; he then saw the defendan . , who very trickly went into a hedge from whence the noise pro needed, and took up a hare, which lie killed and put into his smoek-frock, and then taking something from tk? ground and putting it into his pocket, walked away. The gamekeeper then stopped him, on which he showed the hare, and observed, that if his master ordered him to take the hare, no man had a right to meddle with him. His master was a person qualified to kill game, acd the hare was caught on his grounds. The master, isn being examined at the trial, said he had, on the Thursday preceding, assisted the defendant to put the s”ares in o the ground, and had iiiiTered him rbictok fur what was caught, and bring it to his (the waster's) Loam. On these facts Mr. Serjeant DOYLEY muted fur a new trial ; but, • The COURT were clearly of opinion that the command of the master, being himself qualified, was sufficient; and that, according to the case of Warneford r. Ken dall, 10 East. 19, the having the hare in his pos. se.sion, for the purpose of carrying it to his ma ster, was not an exposing to sale within the stat. 9th of Anne, chap. 5, and therefore the Learned Serjeant took nothing by his m..tion. OTTSY V. WATSON. Mr. KNON opened Alit pleadings, and r. Serjeant 074ALow stated the case. This was an action brought to recover the expense of a dinner given to Mr. Rent, for his conduct at Man chester; the dinner was to be given by the Sons of Liberty, at 6s. 6d. All went on with his approbation. Thistlewood gave the order with him, and, therefore, if.eie intended to plead that, lie should have pleaded in abatement he had not done so, and therefore the evidence would now be gone into. Mr..oonne, clerk to Ottey, recollmted Watson call ing at the Crown and Anchor to bespeak a room fir the Committee, and, on the 9th or lOth, l'histlenood and Watson ordered dinner for tOo. The tickets were min 7a. 6d earls, of whicti Mr. 4)ttey was to have 48. 6d. The defendant admitted the order for 204) persons. but said be did not know of tbPrezialitiu7 hundn 1, and would not pay it. The cause WAS un defended, and the Ju y gave averdict of 3t l l. ss. LID' ARD r. HINTON. Mr. Smuts opened the pleadings. He ol served, this was an action of trespass and assault. The de fendant pleaded, first, not guilty,--and then an in denture by which he hail entered,--then, that he hatl leave of the plaintiff to do it. Mr. Serjeant PELL stated the cap.. The dose, which was the subject of the trespass, was a set of stables in Diary-le•hone-lane, and is let by the defendant to the plaintiff fur 31 years. In the lease there was % pro viso that the defendant anti his workmen should have the liberty of erectine , certain buildings over the ra:c• tray, but there was 110 stipulation that they should lie erected. he defendant, in erecting his baiidino, closed up the gateway entirely, and thereby praventea the plaintiff front • entering into his stables. He hail also dug up the gateway. and excavated the rreuntl. for the purpose of making stables to the houses ad joining.. He hail pleaded he had a tight to do this, es it was necessary, and permitted by the indentere of the lease. He had rendered the stable-yard almost useless, and he clearly hail nu right to dig cellars in the gate way itself. Mr. Hertrard said be was a surveyor, and in Peb ruary, 1 s 19, lie was employed by Mr. Lidyard to ex amine the premises ; he described the situation of the premises; he fuund the entrance enclosed by a paiiug 7 or eight feet high, and another down the stable•yard of the same kind ; the ground was excavated to the depth of abollt 7 feet; he was turned out by the de fendant's savants; the defendant himself had pushed the plaintiff nut ; no hose or carriage could pass. Cross-examined by 3lr. Serjeant Val —Wit ness *as employed by the pLintiff in a former di'Tute with the defendant, which was the subject of an award. He never saw the plaintiff take the defentian: by the collar, nor strike Kitt.. The excavation was not for the purpose of tarnin,r an arch to make the way more for the security I,f the plaintia. Examined by one of the Jury.--'i he excavation went completeiy across the yard, and sonic distauce down it. Mr. Sillers s.lid, he was I eace-Jilicer. and went on the occasion mentioned by Mr. Bernard he advised Mr. Lidyard to he peaceable, ben th a t tientkman had said, he had half a mind to pull down the huuse." Mr. Serjetnt VAUGHAN said, the Jury bad been too lons acquainted with the administration of justice, to be surprised at the contradictions in evidence. lie wished that they bad not been obliged to some to the Jury, hut he did not wonder that the party should wish their right to he settled by that best of ta-ihnnala, 12 It-nest men. He found that it the award occasioned by the former dispute, 04 a t had a right of 'I erection. hese erretions wetl i th yt ed, eve, accord ing to the evi•!enre raj Mr. llignard, by the 4th of May, which was the tante ail wed by the indenture, • It would be proved that Mr. Lidyard had cantle with a sledge hammer, and knocked down tlo• p: tato, and had collared the at rendant, who. in his own defence, had been obliged to resist the plaintiff. Ihere was cellar before this excavation tear made, even according to Mr. Bernard's own etiitence, and the plaintiff at first had assisted the defendant in seining Ills hordes believing it to be for his own convenience , tied on hit change of mind had acted in such a manner, that the peace-officer brought by hint hail begretlhint to be quiet. Mr. Bright was the carpenter employed by the de fendant ; lie bail made the horde according to the orders of the parish officer. After which, the plaintiff had assisted hint in makinir another fence 14 his own security. (In the 4th of February he was asked by the plaintiff to employ a labourer to throw some stones out of the old cellar, which the witness said he could not. as they weie very Inlay, but that plaintiff might send one of his own men to do it. lie then asked when they euidd rive hint an entrance? Ile was an %%erred not at presatt, nor for s me time ; on which he pnt himself into a great passion, tied:trine he would have an entrance at any rate. Two carriaffes at the same tint , cunt,' be driven throm:li the entrance from Bentinck-ineus•. he plaintiff went anti got a large h: ttttt ner, amel I:tteckeil down the fence he himself had assisted in raising ; threatenin, to serve witness the same, if lie offered to prevent him. The cellar was covered with wood and floor. 'rhis witness, ois his ci his rurw.•r stati•men•. lination, continued Mr. Piney was the bricklayer then working on the prenticc. Mr. Bernard and the plaintiff, on the Gth of February, came in, when Mr. Bernard said, he would have an entrance, anti offered to assist plaintiff in pulling down the Lord,'. Mr. they confirmed the evidence of the two preced ing witnesses. Two other witnesses were then examined, but their depositions were of no interest. Mr. Scrjeant HELL, in reply, said the duty they had to perform was of a painful nature, because they were to be eafled on to decide on contrary evidence. The witnesses of the tiefeetkei wee-iatihurei. &pima alia. plaintiff, and this was proved by the answer of Mr. Bright. when aiked whether he was fr:enolly with the plaintiff, that aniwer tv.os—" As much so as any man ran be, when browbeaten and hind:guarded by ano ther." This spirit had been manifested in every one of them, and the Jury would properly estimate it.— There was one thing the defendant had no right to do, even by the indenture, and that was to make an excavation; besides which, the defendant had no right to prevent the plaintiff from coming on the pre mises demised to hint, and for which he paid 621. per annum. It was clear that the plaintiff did not wish to commit any thing wrongly, for he took with him a peace-Who er in oa,ler to prevent any disturbance. Lord Chief .1 ustice Da u.As summed up the evidence, and the Jury being disagreed, aJuror was withdrawn, and no verdict taken ; though one of the Jury said, the parties were both fools, and each ought to pay his own costs. Errom, Stock-broker, 2, Cornhill. begs leave to re mind his friends and the public. the drawing of the Lottery commences on Thursday next, the 27th inst. when Two Prizes of 20,410 N. Consols will be decided in the first fire tatinutc; there are alsl IU9 other Capitals, including 4 of 30,000/. l'unvols, which ETTON hopes he shall have the pleasure of dis•ribUting among his friends. All Imi:fess in the public funds tran.s..N.l with ildelity and dispatch. OLD BAILEY. SITOSTIMO MONET UNDER AN INFAMOUS TOMCAT. William Aredd (a soldier, aged 2( 4 ), was capitally indicted for assaulting Thomas Allison, on the 3d of Apiil, and taking from his person, by violence and threats, a 1/. note. The prosecutor deposed, that he resided in the ser vice of Sunnis, Esq., in Montague-square. On Sunday, the 2d instant, he was returning home from Halkin-street, through Hyde-park, about eight o'clock in the evening, when he was overtakes by the pri soner at (irosventir-gate, who suddenly turned round, and said, " How tlo you do? I think 1 kiwi , / you, Sir ; von live, I believe, in Baker-street, or some where thereabouts." Witness replied, that he was mistaken, for he resided at No. 31, Montague-square. To this the prisoner rejoined, " Oh yes, 31 ; why, von are the very man I %tact." Witness answered, with burprise, " Want me! what can you want with we ?" The prisoner said, it was concerning that' letter he hail sent him. Witness asked, what let- 1 ter? and the prisoner said it was the letter he hail sent hint, inviting hint to come and spend an evening with him. Witness denied all know ledge of sue t a document ; but the prisoner told hint it would not do, and said to hint, " I'll tell you what, if you don't come down, I'll ei v.ap yon" (have him imprisoned). Witness said, " I suppose it is money you want," and gave him hint a shilling. The prisoner exclaimed, " D—n your shilling," and kept following him on, using the most shameful threats, until he reached his toaster's house. Witness thea said to him, " There is the house in which I live ; I am not ashamed to show it you." 'I he priaoner, upon this, said, " I'll be satisfied that you do live there, and I'll see you go in too." Witness was just goin . in, when he said to hint, " Now, I'll tell you what it is ; if you give me a It. note, I'll never accuse )uu of such a thing again." Wit ness said, he had not got a note about him: but the prisoner told him to go and borrow it of his fellow ser vants; but he told hilts he could not do this, but would meet bias the next day at Ii i!f-past twelve o'clock. Ile agreed to this, and went away. Wit ness was so alarmed and agitated at the mo.a.ent, as well :0 when he got into the house, that he was ut terly unable to speak. His reason ftr lirin.c half-past It ) , as the hour I.f meeting him .0 the following day, was becau.e the fintily were going to the country an hour sooner, ati.l he ti.timtlit in the interim he shuttle have time to acquaint the police-other!". The fa mily, however, delayed ?ogee time, and while the car riage was at the door lie saw the prisoner at a short distance waiting for him. Witness felt excessiv, fear oral agitation; and, in the hope of getting rid of the prisoner for ever, he went to him and said, " Now, if I give )ou a I'. note, will you ever risme nigh me again: " The prisoner replied, " Certainly never," took the note, and ;vent away. Witness thought he had lust sight of hint for ever; but on the 'I hursday even ing following, a dirty-looking boy came to his master's house with a letter, directed to " John, the footman." Witness told him John was out with the carriage, but desired hint to come again in an hour. When that time had expired the prisoner himself came, and said to him rather angrily, " 1 sent yon a letter an hour since, hot you would not read it—acre, take it now ; go in and read it, and then come out to me." Wit ness ;tent in and read the letter, whirl ran thus:— " Sir—'The money I received front you I have made rather free with, in drinking, and have stayed too long front my regiment. I fear I cannot join it again, but titio4 go into the country, and something therefore must be alone." After a short time witness went out to speak to the prisoner, when he was ac costed by two other men, habiteil in soldiers' great coats. He asked what they all meant by coming there, to charge him with so foul a crime? None of them made any particular answer to this; but one of them observed, he (meaning the prisoner) must leave his re f :intent, and go into the country ; he moat there fore have other clothes, and fte:r or five pounds to keep him until he got employment. Another said, " Something. must be done, for now we've got you (meaning witness), and you must come down." Wit ness then promised, that, if the prisoner would meet him the next evening, he would have ready for him a suit of clothes, and he should also look np what money he could. He then gave them a shilling to drink, but they d—d his shilling, and he gave them three. They then all went away. Witness could nut swear positively to the two turn he saw on this occa sion, but he saw the name of one of them in the papers of Wednesday. His name was Thoinas Dwyer. Wit ness next morning informed Pyall and other officers, together with his fellow -servants, of the transaction, anal means were taken to secure the prisoner at night. The latter caw at the appointed hour, accompanied, however, by three other persons. The officers were in waiting at a public-house, and, as soon as the prisoner made his appearance, witness desired one of the ser vants to give the officers the signal, while he himself .desired Also isehsonste to go to the public-house, whams he would give him a nice suit of clothes. He did so, and Pyall coming np at the moment, witness charged him with having extorted from him a 1/. note, and he was secured. The other three men fled upon the in stant, and es:•aped. Pyall and others confirmed the testimony of the prosecutor. After the prisoner teas taken in charge be never denied the accusation made against him, but continually said it was another that had led him into it. The prisoner made a long and disgusting defence, the details of which were not only wholly disproved, but totally improbable. The Jury, without hesitation, found the prisoner , Guilty—Death. The Court wished it to be intimated to him that he was in a most awful situation, and recommended him to prepare for the worst consequences. The following were also capitally convicted : Hears Roney, for stealing privately in the shop of Benjamin Hoyle, a pair of trowsers, value ss. Alexander Prager, fur a burglary in the dwelling house of James Plitt, and sealing two silver salt. spo.,ns, JAN Billow'►, fur stealing two silver watches of Edward Rowland and David Brees, in the dwelling house of EVA II Etlis. Williams Mail, for stealing in the dwelling-honso of tieurge Skillicuro. two LI. Bank-Dotes. Ed war d Roberts, for stealing 131. in Ila:ik-noter, three watches, be., the property o f J o h n Robert,, iu bis dwelling-house. THE LONDON GRIND )Hay AND THI lIT %Tr Pia.. of tltisafternoon, brought in their Is and harin g bills sosens. The Grand . I ;try for the City hayi ng gone throne!' t e businessin th e coarse the Ne" in yered them, the Foreman read fr o m a paper the fu;. , lowing r.ddress : _ _ _ • he London Grand Jury having been refused mission to that part of fiewgate wherein thf S; a :, prisoarrs are now confined, and conceiving that t!,el. possess an undoubted right to visit the prison in fle e . . part, bez to state this their impression to th e c ourt * . and, unwilling to compromise that which they cur . ceive to be their right, they respectfully, bat claim from the Court the privileee of K...ing over ti, whole of Nrwgate, which they believe has n ev „ therto been questioned." The COMMON SZAJEANT observed, that Mr. Er w, the keeper, had a most awful responsibility on 1. hands, and he could not say, that in Wagi ng t , _ • . Gentlemen of the Grand Jun• admission to th e ; ,j ac , in which the persons spoken of weie cuntioed, that Le had acted improperly. The coletequence might he ve t , serious if they were admitted, because the primly: might make a rush, and by it attempt an escape. hr (the Common Serjeant) was confident, from mr. Brown's general good character, that he could n;•t have any intention t•o insult the Grated Jan• h e was only doing that wl.ich he conceived, and primp!. rer ti • properly, to be his duty. fie (the Common Serjeant) could nut, therefore, say that the Greed Jary eel a right of admission. The FOREMAN observed, with great satt o .i ss i a , „„ d deference, that, as the Grand Jury, they had a r; ; },t inspect every art of the gaol of Newt:ate. Mr. CONISION IERJNANI.—.Ire you )la.jt::...es, Gentlemen ? Ft/RP:MAN.—No. I am not, but I claim my right as one of the Grand Jury. The etoMMON SOUZA:NT olvserved, that the Tui tion Was not before the Coart, and he could ue: them an authority to visit those places. Jenv.-- , .We claim it as a right. Mr. CommoN SEHJEAST.—Mr. Brown has a most awful responsibility placed upon him. Mr. IlitowN.--Aly Lord, I only refused the Gearla. men admission into the places in which the State iri soners are confined. Mr. Under-Sheriff TraNER.—Mr. Sheriffßothwel, my Lord, has been consulted on the ' , abject, aid hr has given his full concurrence to what Mr. Brava has dune. Fo RE 31A N of the Ji• R V.—We beg leave most respeet fully to protest against the power exercised by the Court. r. Com MON SIRJ LAN Gentlemen, the ques tion is nut before the Court. If Mr. Brown has acted wrongly or improperly, you have your remedy; you can try the question. The PORT-i N said, they should do so, and with drew. The Jury proceeded to inspect Newrate most mi nutely, but were not permitted to enter the places in which *e State prisoners are confined. Shortie afar seven o'clock they entered the Court, and made lite following presentment, u Welt was read by Mr. Clark, the Deputy Clerk of Arraigns. " The London Grand Jury respectfully beg tenet, present to the Court, that, in their opinion, the skew ing increase of crime in the metropolis, especially amongst the juvenile offenders, is to be chiefly attri buted to the very inadequate state of Newgste for the purpose of classing the prisoners according to their various degrees of criminality: thus boys and girls, who may have been committed fur some slight misdetneanors, are forted to ass 'elate with the bast and most hardened felons, and are csawqnently re turned upon so. ietv (when the periods of their impri sonment are passed) in posses ' of all the theory of the must practised offenders. The Grand Jury, there fore, earnestly implore the Court to give their mod serious and immediate attentiotrto this deplorable state of Newgate prison, and to adopt such tueosures shall effectually remove this great discredit from the metropolis. " The Grand Jury beg leave respectfully further to present, that in the exercise of their duty they hate been refused admission to that part of Newgate store the State prisoners are confined; thus the rights st.d privileges which have been handed down from their predecessors to the Grand Jury have, in their humble judgment, been infringed. (Signed) " Urn. ALLEN ATLWIN, Foreman. " Grand Jury Rom, Toth April, IMO." The Cannon SnnaKANT observed to the Grr•nd Jury. that for the latter part of their presentment there was no foundation whatever. The Grand Jury had so seek right; in that, thcrefere, they were mistaken. It was a custom which from time to time bad been shore.' ; but he denied that any such right existed, or thattg. Grand Jury ought to interfere. The body - of Naps- trate' and the Court of Aldermen had the purer of regulating the discipline of the prison ; but it tits quite a fallacy to snppose that the Grand Jury lid ' any such right or privilege handed down to the m ; it I was, in fact, merely a: yen to such Grand Jurors t.r others who went there for public or beneficial par , pews. He concluied i‘y repeating, that no saris right had existed, nor did it now exist. He then discharge! , the Jury, with thanks fur their services. BIRTH. Oa Teesday last, the lady or blaming Patinae, BM-. d Whopole-street, of a soo. M ARRIBD. On the 18th inst., In London, Thomas Wrigg, 1 r Be!per, Derbyshire, to Oeorgises, &sillier of Jobe Ps.- doe, Esq., of Bryan tore-street, Portman-stpuire. On the ISth Inst., at Wardner-Castle, eut.-Cog Li Meedonell, C. 8., Late t. F. Mgr to Cowie. ID tht 11.11 * Laura Aransiell, sister of the must Lord DIED: Oa the Bth inst.. at Amerbaeh, le Germany, after a tied but severe illness, in the t4th year of bee age. 0011... „__ Mordee. second daughter of Joha Butler Bailin 1141"""" atinary-Onteral Solite Purees. non Is* Oa the 14th last.. at Beading. Berks. MFT l ot of Mr. Themes Ridley, of Croydon, in the 6001 Mor Loudest Printed tad Published by the Paeresol le4l It. W AROMA Jan. at the Mee, No. 1* lismosdel: site St. Clement 's Church ; where AI Ce I den, and Advertisement* a r e requested to be u l' I. l~ I I . F IL ~■ F . , $ V re g L