The Statesman. — London, England, 1820-05-30 00:00:00

r I . :Pgir.ll'.l A . op 771 F. BISHOP UP AuRIFICH. The liishopof Norwich arrived in Bury St. Edmund's sin . 1 Itor.4.'oy l a st, an d h e ld hi s v i s it a ti ons f ur th e !Jean ette, of llartsnirre Thedwastre, and Bury. The reeler :ale Prelate then delivered his charge, or a 6ich the ful l. sting is a brief outline:—lle began by expressing his to avoid any allusion to politics ; and thence oh s. ryes!, that the fifteen years, during which he had pre sided over the diocese, had passed over his head with 1:r less anxiety than he conld have anticipated, from the exemplary conduct of the clergy, and the strict attention hy them generally to those objects which it was :1.-o proper to have in view ; so much so, that the pre s• lit visitation would seem rather to have been instituted in compliance with a wise and long established custom any absolute necessity at this period. After a r% further prefatory remarks, his Lordship gave it as is opinion, that the charge of irrelig' among the 'Agile at the present lilac, was in a great degree groundless; and in confirmation of this he appealed to the increased and increasing support given to our vari ous charitable institutions ; to the National, Lancaste rims, and Sunday Schools ; to the Church Nlissionary Society ; to that for the Propagation of the Gospel in Voreign parts; to that for pr ting Christian Know- Maze ; and above all, to that most excellent one, the British and Foreign Bible Society. With respect to re iigions education, he said he thought it should be ex tended to persons ()revery denomination, inasmuch as all ;ire ronstitnent members of the State; and speaking ge nerally of those who, making the Bible the ground of their faith and rule of their practice, vet dissent from the tenets of the Established l'hurch, he most warmly toleration ; and avowed his opinion that the choral would never he endangered by difference of •eioiownt, 30 111111 . 11 as by higotted adherence to our own ideas, and unlimited condemnation of those of others. Fur his own part, lie said, that, regardlesa of the impu tation of Inke-warmness in the cause of the Established I 'him+, to which he was most sincerely :Ma/lied (as lie trusted his life had proved), he shoal.' at all times he happy to give the rizht bawl of fellowship. and every essistance in his j •er, to the Christian (of whatever denomination) who would concur with him in doing Rood ; for he felt convinced, that by so doing he was forwarding a Christian object by Christian charity, which it was his wish to substitnte universally for secta rho asperity. lie next adverted to the internal schisms 4.‘ the Church on the abstruse points of our belief, and observed, that f the manner in which the controversy 1....1 been carried un, the Church was in his opinion more eiohingered from this than any other cause, lie concluded 1,;, excellent charge by exhorting the clergy to follow the examples of a Cranmer and Ridley ; to he moderate in argument, though firm in belief: to adhere to their 1.14 n principles, but to make every allowance for conscien tious difference of opinion, whether among their brethren of the t•burch, or dissenters from it ; and, above all, to cultivate most religiously Christian charity and good will towards all men. LAW INTELLIGENCE. COURT OF KING'S BF.NC4I, Guo , MAT 29. lODINE r. noLvntsr.ss. This was an action upon a bill of exchange for 1.1400/., drawn by Elijah Mills Eli, at Paris. and :• - eristed by M . liololensess and Co. of London. he ground of defence was, that the bill in ques tion had been delivered by the drawer to a gentleinan oh the name of Cowereau, who bad negotiated it at a time when it ought to have been considered as can celled. This defence, however, was out wade out, and tl:e Jury found fur the plaintiff. TIIE KI F. Willt EMORY. The pleadings in this case were opened by Mr. Cra- V • • P. It W2S an indictment against a girl of the name of Hannals Whitehorn, charging her with being guilty wilful and corrupt perjury, in evidence which she glee against Captain Samuel Mills, in a trial at the 11..1 Bailey, in Septembn last, v hen that gentleman e:. , upon his trial, for having cot' ;;;; itted a rape upon I at his house at Chelsea, in the preceding July, a , l upon which occasion Captain Mills was acquitted. Assignments of perjury were now made upon different a!'egations in that evidence ; and upon the truth or f.t4;ty of these the case turned. Mr. ScAWLETT, in addreasing the Jury, observed, l'at perjury, though an offence richly deserving paniahment, was one hard to be established in every .se, and particularly in a case of rape, where, from t'le nature of the thing, there could he but two per a 014 present, and therefore the oath of one party could 1 , only placed against another. It happened collar -I,•:ently, that in prosecutions for rare, the accused rtv could only avail himself of the inconsistencies or utradietions which his Counsel elicited from the wo e- :n upon her cross-examination. Fortunately, how this case was not so eircninstant •d. He held in I.:. hand a report of the evidence given upon her oath b , This girl at the trial of Captain Mills, and he had • dettlit of establishing the falsity of it in many parts i the clearest manner. The facts of the case lie •tuld shortly state. Captain Mills, the prosecutor, 1 :sing retired from the army with an adequate for t •tne, took a small house in Chelsea some time before t• e date of the piosecution at the Old Bailey. Not 1..-ng determined to stop there for any time, he hired t' e defendant Whitehorn as a temporary servant. who v . 1 4 recommended to him by a person of the name of . 1%-ire, at Charing-cross. This girl he since learned was the daughter of a poor man living in a cellar at Charing-i-ross, and Captain Mills knew nothing of her, I et what he learned from the person who recommended 1: •r. She came to his house some time in July, and o r iped till August, in all fifteen or sixteen days. t _ptain Mills soon perceived that she was in a bad s• .te of health, and that there was an offensive flavour I:atis her person. It did not then occur to him that W A proceeded from &disease which she hail contracted, 1,;:t he had afterwards reason to know that it did. )4 was, therefore, unwilling to have her bringing ltins his breakfast, or making his bed, and lie sent •• tor her mother to take her away. He mother came, npd when the girl had received her wages, she left t',e house. In all the time that she was in the house, i.e felt it necessary to mention that she was at perfect I.:neety to go in and out as she pleased. It was there fore talse what she swore at the trial, of being confined 2 .- him in the house. Captain Mills having discharged 1.0., thought, no tu.)re of the matter, until a few days at" , er he received a letter from Mr. Price, informing him that this girl had gone to a Magistrate, and 1 Aged examinations against him, for having violated I- r person. Fur such a charge Captain Mills. *as ;nice unprepared, but he lost no time in coming to t awn and meeting if. He went before the Magistrate, hut tile girl persisting in her charge, the Magistrate . Til E STATESMAN . issued his warrant, and Captain Mills was committed to Sewgate. Ile was, however, bailed cut upon lay ing the cire tances of the case before one of the Judges, and u!!un the trial afterwards at the Old Bailey, hontsur.ibly acquitted. The Learned Counsel then read the evidence of Whitehorn upon that occasion, the falsity of which caused the present charge against her. Amongst other things, she swore to four facts, all of which he would show to be untrue. First, that Captain Mills violated her person against her consent; secondly, that he kept her confined in his house for sixteen days; and in that time she had no opportunity of making her situation known to ber mother ; and lastly, that he had communicated disease to her. 'these allegations he meant to rebut by the clearest testi mony ; and he hoped to be able to sh,.w that she had perfect liberty to go in and out of the house as she pleased. If lie made out this case, it was unnecessary to tell the Jury that it was an ag,4rarated one, and one which called for severe punishment. The follAring evidence was then given f:r the pro secution:— The word of the acquittal of Capt.iii Mills, at the Ohl Bailey, was put in as evidence of a trial having taken place. V,n. Oliver, a short-hand writer, swore to the evi dence given by Sar..h Whitehorn, the delcii,:ant, upon that trial. The substance of it was that stated by Mr. Searlett. Some dismission arose as to whether the defendant was sworn or not. This witness was not able to speak positively to the fart, but the Court said it was to be presumed that she was sworn. Captain Samuel Mills gave in detail the eireum- , stances of his knowletkre and cuanectiun with the de fendant. Ile never gave her any wine, or &reef(' to, twit. the slightest liberties with her. Her person was filthy in the extreme. Ile put no restraint upon her. He was in and out every day; frequently dined from home; she was only a temporary servant. Ile sent her out almost every day on errands to Chelsi.a. De nied having violated her person by tore. Ile frt.- trendy spent nights out. Cross examined by Mr. Ihrxwax.—He saw Hannah • Whitehorn sworn at the trial—saw her kiss the hook. Witness had been a Captain in the 49th Regiment, but was now retired. Ilad not lived long at Chelsea he tre the time. When Whitehorit came to his house, there was another girl there of the name of :-arali Dilly. She left next inorning. They never were in the par lour with him ; never gave them any think ; White horn came into the parlour only when she brow:lit any I thing in ; she never sat with hint at night iii the par-, lone: there were candles burning in the kitchen. Fennel the time he eame to Chelsea to the time that the de fenilant left hint, lie had had eight servants; this was a spare of about time months ; was bringlit tip to Queen - square Police-otbee by two other servants, b;i si-ttled by given these women one pound earl*. Vie time Hannah Whitehern ‘1•; :here he had 101 l one servant. Mrs. Byguis lived near Captain Mills' h,pse, at Owls `a, and saw the defendant oa.se or twee out on errands ; there was nothing. offensiv. ;Aunt hvr person, she was rather cleanly. Mrs. Porter, a dairywoman at Chelsea, who served Captain Mills with milk, said she had uften seen the defendant at his house. lilliSl litelg..s was a servant girl wl:o Betel with Captain Mills from Tuesday to Saturday in the week that the defendant left him. Whitehorn was out three or four times in that time ; there was nothing to keep her within ; on Thursday she complained of being ill ; witness saw nothing disgusting about ber person. Mr. Brodie, the surgeon, proved that the defendant was infected with a venereal disease, which seemed to be of some days standing, when he examined her soon after Captain Mills was taken up. On cross-examina tion he said it was possible the symptoms might have been produced by other causes. Mr. Box, the surgeon to New-gate. examined Captain Mills soon after his committal to that prison, and saw no svmptonas of disease upon him. Mr. SCA/ILKI'T slid that was his case. CHID JUSTICII.—A very slender ease it is. I ob serve you have only one witness to the fact of the dis ease, and I don't think the other assignments supported. Mr. SCAR! STT.--if yonr Lordship will allow me, I'll pet the depositions made before the Magistrate, to show how much they differ bow the evidence given by the defendant at the trial. Cuter JUATICE.--1 hope you will confine yourself' to those passages to whirls you assign perjury. I don't care if her whole account of the transaction he untrue; still, if yen fail to show that these particular allega tions are not only false, but wilful and corrupt, your case fails. 'I he depositions and her evidence ageism were read. Mr. lIa? MAN then addressed the Jury fur the de fendant. Atter commenting strongly upon she im probability of a girl so young as this misioisig up is - false story against the prosecutor. lie °hewers', that the prosecutor might have been easily sppported by evidence to shame that slit. was at lilserty to go in and out of his house fteely, if the fact really was su. It did not make against her that she did not ditelsiseber case to strangers. It was more natural, with the in- 'Renee which the prosecutor hail over her, as living in his house, that she semmuld hive c 'needed her shame. I Besides, it was not clear that she knew the way house to her umother's. Opportunity was not a matter of fart, it was a matter of opinion. The prosecutor could nut assume that she had an opportunity of tommuni eating wills her mother because she saw sonic strangers, for it might not be the sort of opportunity she her ! self would choose. To convict her of perjury, time Jury should not only find that she spoke falsely, bat , also corruptly and wilfully. From the circumstance ! of Captain Mills having been twice at the police-office, ! Queen-srinare, it was clear that he wee, to say nothing worse, in the habit of treating his female servants in decently. Ile concluded by saying, that after what fell from the Court, he would only offer evidence as 'to her general character. IThree or four very respectable witnesses which were called, gave the defendant an excellent character for 1 ' veracity and good conduct, The Cater Jug% ice, after summing up the evidence, told the Jury he did not think the case proved. In support of the assignment respeetiug the violation of her person , there was only the evidence of Captain 1 Mills himself. 'I he law required two witnemes to establish per;ury. As to the allegation of being con fined in the prosecutor's house, it should be established that she meant thereby that she was actually confined; but that was assumed only by the prosecutors. In cases of rape the delay on the part of the female to complain was a strong presumption against her ; but she, at least in this case, was the first to complain. Perhaps her whole story was untrue; but the prosecu tors certainly failed in showing that the passages which they selected were corruptly and wilfully untrue. As to the last, which was a material issue respecting the disease, his Lordship observed, that there was only one witness to that fact. These, his Lordship said, were the impressions on his mind; bat it was for the Jury to draw their own conclusions from the evidence which they had heard. The Jury instantly acquitted the defendant. BOSSVIEI.I I R. StROtGIITON. This teas an action by an attorney against the de fendant (who is sun to Sir Charles Broughton), for the amount of his bill of expenses incurred at the last election for Evesham, in the defendant's service. .1 great deal of contradictory evidence was offered on both sides, and the contest seemed to be upon the ques tion of whether this hill was to he included in the lump sn:n for which the plaintiff promised to do all the business, or was to be a distinct charge. It appeared the plaintiff otherwise received large sums of money. The Jury found for the defendant. INSOT.VENT DEBTORS' COURT. Yesterday, the Commissioner again held his Court, and proceeded to hear the cases of several debtors, who before the expiration of the late Act had petitioned for their disehArges. There was only one case which was likely to excite any public interest, and that was postponed to a future day. All the others were mere matters of account. ~- BO %RD oF EXCISE. Mr. James Thomas, a respectable malt salesman and warehouseman, appeared to e plain of the duty on 520 quarters of malt, and to pray for the return of the duty which had been paid on the same, on the ground that it had been destroyed by tire. This b.-ing considered as a case of considerable in terest to the malt trade, us well as to others dealing in exciseable commodities liable to casualties, an extra number of Commissioners sawn the bench to determine the question. It appeared from the 90.0:oneut of a ttttt ober of wit nesses, that 649 quarters of malt were cot front Strat ford, in Es-Tx, to the warehouaes of Mr. Thome*, in Shut Thames, which were entirely destroyed by fire on the 27th of February, on which occasion immense quantities of grain were destroyed, and, amongst the rest, 5211 quarters of the malt whieh hail been seat from Stratford, on which it was proved that a duty f 25,. per tilt:trier had been paid, and of which the complainant now prayed the return. A malt salesman, who had surveyed the granaries which hail been bitant,statast, that the malt in question had been burnt to a cinder, and was unfit for any thing hut manure, for which purpose it might be worth eight or ten shillings per quarter. Pigs would torn up their noses at it. A great part of it land been of for mannre. Sir. Mayes, the Solicitor of the Excise, contended, that it was a prineipl • uniformly derided and acted upon by the Excise, that wh-never the original article was reduced in value, for instance four-fifths, then four fifths of the duty should be returned, and not the lull amount of the duty which had been paid upon it. In the present instance it was proved, that the article had not been utterly destroyed : hut was only deteriorated in value, and consequently a rateable duty ought to be returned. 'To warrant the return of the whole duty, the article, he said, must be utterly destroyed, so as to be of no value whatever. A Commissioxya said, it was utterly impossible to destroy such articles entirely ; there must hr some re sidue, which would always be of some value as manure, or for other purposes. Another Cost )11S9110:CR said, that he was of opinion, that the article, uhich had paid duty, was so far de strayed as to be utterly useless as malt, and that was all that was required by the principle of the Act to authorise the whole of unties to he returned. A third Coat 3113610 Y Ea said that he had sat at that Hoard for :tit years, and that during that time tim practice had been entirely according to the principle advanced by Mr. Mayo. A fourth Commisatostza said, that he bad sat at that Board for 24 years, and he had always understood that the whole of the duty was returned in such cases. Ile instanced cases where the whole of the duty had been deteriorated, and not destroyed so as to be unfit to he used for the purpose for which it had been first de signed. After some further discussion, the Board adjudged that the who/eq . /he dirty which had been paid on the o article proved to have been destroyed should be re turned. Ihe amount of the duty was stated at 7254/. POLICK. --••••.- FRAUD ON JACK [ITCH. MANFMN-House.---JORI Harmer stand charred with forging the signature of James lintfing, to a re ceipt to a cheek of 101. at the banking•house of Messrs. Walker, Everett and Co. Mt. S,lllackhurn, of Ohl-street-road, one of the trustees Ml* poor of St. Leonard, Shoretiitch, stated, that on tiof 115th of March last, the prisoner ',tourist James Rotting to the workhouse of Shoreditch, in a state of the must abject wretchedness, he having been visited with a severe paralytic affection ; that he was received into the workhouse, and had there every means of relief afforded him. A few days since information was given to the Committee of Trusters, that Rotting was posse-med of property, and that the parish funds were imposed on. In consequence of this information, Mr. Ward, one of the Overseers, sad Mr. B. were re quested by the Committee to investigate the case ; and they fottud, after a diligent search, that the prisoner had taken Rotting to his house in Webb-square, Shore ditch, in August last; that he bad removed with him a considerable quantity of household garniture, toge ther with an iron ebest containing upwards of 2UI. In money, and mortgage deeds for 3001. lent to one Rolfe, a mason, at Brighton ; and that tha, prisoner had availed bitwelf of the imbecile state of Batting's faculties to obtain possession of the whole of this pro- perty ; that he induced the unfortunate man to s a k e a will, by which he bequeathed the whole of the p ro . perty tip himself; and that when he had squandered the whole of the ready money, and secured, as he sap. posed, the 300/. to hiuiself at Botting's death, h e btought him to the workhouse. By writing to Rolfe, they also found that the prisoner had applied, is Batting's name, for the payment of the principal ; a i d that 25/. had been remitted to Butting on this &pph. cation, which the prisoner had received in Bottiao name, and applied to his own use. The particular charge against the prisoner was his having personated James Botting, and signed a receipt in his name, by which he obtained 10/. on Satunlar, the 20th instant. The Lotto MAYOR most closely examined Boning, as to whether he had ever given the prisoner authority to sign his name to such receipt, or to obtain in say way any part of the principal ? To this question, va vied to every possible form, that its import might be fully comprehended, Hotting. uniformly replied, that he had given him no authority to apply for the prim. cipal, hut that he hail, while in his house, given hi m permission to apply for and recede the interest. The clerk, who paid the cheek, was in attendance, but could not identify the prisoner as the person to whom he paid the money. After a consultation with the Oversew-li, his Liirdshi? remanded the prisoner till Wednesday. On the 21st lust., the lady of Onley Ilartel, Fag, of a daughter. M %IRMO. On Thums% Irmt. at 111 SaintsThvreh. Hastingclrheffes Esti., of Cranbrook, in Kent. to M. Whitehead, of I lasting%. DIED. On Wednesday last. at Paris. In the 19th year of her age. Oeorgiana, the second daughter of Nlr. James %Clam. of Upper Edmonton. on Satanist , last. in Redford-square, iu the 111th year of his age. (ieorge Goading. Esq. In Carlisle. on Wednesday last. Lieut.-Colonel rodleid. aged 39 years. Smarifer fm modo. forlil:•r ;li rt The treatment mild—tlet• cure etrechial. A ('AN I) Ex a•iiiiiation 4 , f Pi,ilessaitial Pretensions ill is only to be dared by loom: %silo are conscious of in capacity. Impressed at an earls period of our professional tamer with the importance or a snore minute attention to a ciao; of diseases peculiarly of the grainier operations of Na ture. we boldly desisted from what was hel4l to be medical orthodox, : *narked the %/Milting% of einpyricisai. and. by de (ratios; its tilt !imposes, consider our-cites justly entitled to that approbation and patronage which, for twenty years, hale rewarded our imecessfnl and devoted studies. The estimation of our enlight4 , nedbrethren.who freq , tentls appeal to our opinion, is en additional gratification to oar pride, while our authority from the College itself. strengthened as it is ire the most enthusiastic testimonials of almost every Professor in the British hletmpolis, must ever protect the sanctity of our fame from envy or misrepresentation. Tice impetnesity of youth, or the momentary want of en ti nn in the matt:4.er lean, often lead to the edeets of a coo ingions disease: happy. therefore, may the early applicant he called, whose anxiety can he rtley iated by a he days care; and even in the more adveneed stages, characterized Icy numerous s:mtptoma. we can Illustrate oar inertias, by rendering the treatment mild, the cure effectual. Fs ery °rpm!. change, or functional disturhiume. isri dental to the generative economy, falls equally within oar prof iner, and will yield to our attention. Among these are diseases of the urethra, weakness, and constitutl onal &rage melds, of bowel er long duration. Toe child of inanition may be restored to appetenee, and, instead of being exhausted by nervons debility. he will cir culate the manlier proof of vigorous impulse. The limits of an advertisement do not allow the claosi6cation of 04f tub bets, but they are ampls detailed in a Vi'ork we late/01 fished, called " The MO of Life," the mid sale of wiles accompanied with an increasing practice, are soideslalla proofs 1/1 our general utility. The Book can be had at * Paternoster-row ; 66, Pall-Nall; 41. Piccadilly ; 16. Printer street. Soho; 174, and RI, Fleet-street ; or at soy Beg- sellers. No diseases are felt with greater poignsncy by the %dew than those occasioned by his own imprudence; and in es vises of consultation is liberality of education is the ha fessor more desirable. than where the most unheauded ma fidener is placed, and the most inviolable secrecy is aspects& thus the terms are plainly stated at the first interview, or is answer to letters minutely detailing the symptoms, aid im rinsing a remittance for medicine and advice, which mg be form sided to any part of the world. tiOSS and Co.. M. IL C. Surgeons. 11. BouverimsttsW. Fleet-street.—A private door round the corner. " What slight neglects, what tilt ial faults done, " The hardiest frame !" MENNEN. I'URIII E and t'o. having devoted drew ~ selves to the study of, and been gratified by thirst Diot considerable practice in those branches of the Frei= I which the) thought proper to select. tr ust. th'st after l eers residence in this metropolis. their talents in al min lulus n. and their reputation so hilly established, that es op log) is requisite fur their deviation from thereto's' 700.14 practice. It may be proper to state, that their Medical Ili cattqn has hien of the fi rst class; that they are klembersd the I.yli Colleges of London and Edinburg h ; wed as sdh harry evidences of the truth of this stat ement. their dill* mas lied testimonials may he seen Id their Home, No. IC. Hatton-garden. where they may be consulte d with there.- est serevesy and honour b) patients of eith er sex. stilisisd it any of the following complaints : — l. Th e Veoeval s for which they hale discovered a remedy. ilii;his set a complete substitute for mercury in thecure of this einslid 6 ., but has also the advantage or ersdicating the disorder IMP out dehilitsting the constitution.-0. la cases of Tuns° Debilit) and Vascular Relaxation. whether produced II „ 1110. s ivied excesses, by the immoderate enjoyments df Cm" pleasures. or by solitary senseatity. where I " The vigour sinks, the habit melts • way. The cheerio', pure, and animated biome flits trout the thee. with squalid atrophy - , Devolied, la sallow melancholy clad. • Messrs. Currie and Co. are in possession of a MAI. Met steeds unrivalled for Ms superior diesel .le givilfilli lle • his ads° Im every merscular fibre of the patient, restoring I ,_ igtirits, sad re-establisbing his vigour, without billaufing • " doestitutioo, and thus exposing him to the danger. d I P.* hipse.—S.lntitrietureaaftnel:rethre,fileasra.Cerele 110?1: plan of treatment has so far surpassed every other iet___, of cure, that they have excited the astooletwaret mid sil7fi. bathe. of the 11'0a distinguished Surgemes. by awl* ...c, three weeks, cures which defied all the resources 0117.1 skill. in the ewe of ass of these compl s int. their pr ~... will be treated& with the irr swat skill sad solicited.. fee required Is the same as Cott of regular practitioem s. Pretests le the country are reineMfid to lia le 7l isa ki 1 of their ease, ige sad mode of &leg. t o s o England Noillrbrhee the necessary medicines aml be seat le say part of the world. —'o. 107, Ha HIGH yr ATER AT LONDOIIi-BRIEKig THU Mwaing, 47 Ws. after 3.—Aftersaeals. allsr4 ----- London : Edited. Pealed. sad Pligisbed u orreie • TSB Bfall AN" sad " CONSTITVTIO.... Paper). o . ISL Strand, epporta• St etegreette cop by R. WARDELL ann. , L. L. R. ; to whiratiosi4 manitations, Orden, IC are reqiestad to be I I I