The National Register. — London, England, 1820-03-12 00:00:00

ad 21551)e Sntelltionce. HOME CIRCUIT—ESSEX LENT ASSIZES. .1411.4thliAY, MARCH 9. CIVIL SI UE —Saute • Sprei‘l Jury. JAMES BKEWSThK, WSQ. v. 81,WI'LL AND SMOOTHY. This was an Setiiill DM a libel. The declaration elated, that before the grirvaittes c ... initit I by the defendants therein-titer mentioned, the plainttif had been 111/sUred in the Essex and Sullialk Fire I tssur ince Society, for his house and premises, and that a fire having happened thereon, he hail received a compensation fur the bailie, from the said Societe, and that the defendants contriving and intending to itijore him, &c published a malicious libel, of and coiseeninig Liu., impaling that he had falsely stated his loss, and had received a greater tom pen stion than was fairly due to front the said Society. The defendants pleaded, first—Nut Guilty, and, set coed—a justification, that ilia supposed libel was trut. The plaintiff replies', that tile defendant% had pub lished the libel of their own wrong, on which issue was joined. The slaineves were laid at a,OOOl Tots case excited very general interest iii the county, oil aCCOUIit of WC Illatlleilee and respectanility of both parties. At the last Assizes the cast was tried before the same Learned Judge, but the phi 'if was isonsuited upsei a technical intim total's ratlepeniiiiitt of the uterus. Tile Court of Kind's Bench having unlined a 'sew trial, the ease now came on in be disposed lit upon the merits. The cause was called tau yesterday aft: moots about one o'clock, and after the Court had been Orellpied until 1 , near eight in the reciting, the further proceedtiLs were adjaurned mud this morning, when the trial was re sumed, and it slid not cootie to a conelusion instil four o'clock this afiertioott.—The uncommon length of the proceedings retailers it itnpoatible to give ally tiling inure that. a sketch of the case. The pl..11:11ff was a respectable Magistrate, residing at Halsted, in this county; the defesulauts were also men M . a respectable station society, and were Directors of site Essex and Suffolk Fire Insurance Company, the official business of which was conducted at Colcnester. bath defendants were neighbour, of the plaintiff. In the mantel ter Seinember, 1813, a Are happened at the farm of the plaintiff at Halsted durifig his dbartice, and consi derable iiiischief was done. Tue premises had been insured in the E,st'x and Suffolk Fire Office to a certain amount on each building, &c. but to an antlmuu much less titan the injury sustained. Next day Butler, toe Society's Azent, residing at Chelmsfied, went over to the farm ftlrelle purpose of estimating the amount of the loss, end upon his report the Society paid the plaintiff the soul of 1.1071. 61. as a full compensation for the injury he ita:l austairitti upon each of the building, and the farming stack Aral utensils insured respectively. The total amount of the planitifirs loss was staled to be rattle. snore than 1,7001. At this time the defendants were on she MOM literally nuns with the plaintiff, and Mr. luau Sewell, the sou of the tleft.titlamt, Mr. Sewell, was els": to the Belled 001agistrates at Ilalstcd, having been appointed to Ilia bl:taili;011 by the plaintiff. Up to list au tumn of 1816, no doubt was entertained of the fairness of the plaostiff's claim for tile loss he had sustained but in the mouth of S plcinber in that year, Mr least Sewell has tug niarried a daughter of Mr. Daniel, an attorney at olciaester, with whom he was about to en ter into copartiiership in business, he teas desirous of distposin s : of his por'essional practice at Halsted, for winch lie had agreed with a prole:otos:al bentleistati at the price of 1,0001. upon condition that the latter should succeed him in Isis office of clerk to the Bench of Ma gistrates. The plainiiff havine refused to nominate the etentlentantoposecl us a successor to Mr. Isaac Sewell an that office, the treaty was broken off, and conse quently the latter lost the douctur for %%fleet he had cipulated. To this circumstance was ascribed the feel. jraz of hostility on the earl of the deli [Main, weieit 'antilop d the Irael ill question, for, subsequently to this period, the delttelatits, and Mr. 1,,...14.: S;;Well, who had also become a Director of the F.re-office, caused au ins-1114y to be made into the eiretiontances of the plaintiff's lire, which had happened its 1e1:3, and alter various discussious tin the sal jest, the defendants its the result sent a leuer to the platiltiff on the 2Stit of January, 1819, signed lay both, calling upon bins to answer certain accusations touching the claim /Of fuss, which he had made, and will; strong terms of reproach, accusing hint of dishonourable. unfair, and fraudulent conduct towards she Society, in having received sums of money for particular Dellis specified, to wince he was not entitled. In a subsequent communication they sent him in the particulars of the objections to those st u nts, skill their feitaoll.4 why they might not to have been allowed, and reiptirma him u, sloreitil his conduct before the Directors of the Society. The plaimitt aent an an swer of ni,inly the :MC14.164111 brought against hrus, and reterring hi. conduct L 0 the must strict scrutiny. It was stated as oueuf the reasons .iceo t ani ng for this extraordinary conduct of the defendants, that they had derived their inioimatimi toticlitog the alleged fraud of the plaintiff, limn a Otscarded bailiff ofhisounied Vewniaft, who hail billr't become a servant to a lady to erhoin the defend:us'. Mr. Smoothy, web trustee and bro ther in law, and wit s had repeatedly listed threats towards his late master. 'fa shew site atiesitua with which the Ityel in euesti ill w.ll Diab!iditti. it was I 'ed that Mr. Sewell foal ptinliely &hewn or real' copses of the paper to elif.erent componies rl peremis to whine the plaild tit was known; bad sent copes of it so friends of the ' , Limit', and others, and had even ill a public ata,ae coach bionalli eise ',Hold's supposed traudident conduct into cams IStillatloll, ' lot ',coons stratigrr3 to hiss., and Iret o n whom hr accused lm 1 a 0.. nara l nnetst and distiotiourable conduct totvarils.the Firenaffice. Mr. Sewell was slated to be a gen:knows cf considerable substance, aid all he had brought sip a family of 12 children. This was e outline of the plaintiff's ease. THE NATIONAL REGISTER• Ott the part of the defendants there were three priuci. pal grounds of defence rehed upon ; that the sup posed lil.el did not arise f any malicious motive, but ; ly from the sense of duty which the defentlatils, at Oirectors of the Fire-office, owed to the Society, iii upon the plaintiff to explain the particulars of a transaction. with which the defetalaitts were not ac quainted until the matter came officially before a public tneeting of the directors to consider of . a proposition for assitimlating the mode of insisting farming stock, to that adopted by other Fire-offices, when the a iljlf ul the 1/I:lllliiti ' s fire was in%estitzated, and was 11/1111ii w contain circumstances of 111,311 e SlNltleloll.—Secronil, 'hoot Its point of fug the plainte4 claim did coot his enuineraten items of demand for huts, to which he Wit% not entitled, no such losses having Iron sustained; and to prove this part of the case, 4 volume of evidence was adduced, one of the witnesses brims Newman, the bailiff, alleally mentioned r and 3d that the defendant, \l r. Sitomphy, could not be answerable for damages in respect of any aggravated circumstances ins the conth • I of his co. ildendant, and enlist (plena!) &Isis was an action for joOit part, the dani.c?es must be confined strictly to the supposed ithil. Alt. Wallord addressed the jury in an animated and eloquent reply. Mr. Baron G.trrow slimmed up the case for the jury, and directed them, that it they it ere of opinion that the plaintiff was entitled to a verdict, they could not dis titnotiAli between the case of each defendant, Ulf ill its is knot of action the it jury of one was the injury of both, and the amount of a Imago s utey must st tile between then.selt es. The conduct of the defendants collate rally to the i ' licati tttt of the Mid in question, wn.. only to be receit et! in evidence *beer the temper of mind and the motive wish which the libel was published. Taking all the circumstances of the case into consider ation, they would give such damages as the case seemed to require. His lordship pronounced the libel to be as gross in its terms as it was well possible to express but the jury were also to torn their jtolginent of the whole case as it was laid before them on both sides. The jury found thr:r verdict lOr plaintiff. Damages Two Thousand Pound& WEST AIDALAIS D-A SIZES. APPtLa2 cause ivlncit earl:A the greatest interest at these assizes was that of Hunter and Wire v. Weicto. This Was an action of ass nth .mid battery com mitted upon Mts. Hamerby Mr. Welen, who, it steins, ass the Cartain of the band of Illudgcon•rocu at the last Westmorland election. The cast., which was clearly proved, was of a most crud and aggravated nature ; and though it was attempted to be justified up .n the record by the defendant, Mr. Justice Park. who presided, eras most emphatic in reprobating Mr. Welch's conduct, and told the jury, in musing np, that if they believed the evidence (and ire saw no reason why they should nut), they might by their terdiet to give hueral damages fur such courageous and unmanly conduct. We are very sorry to say that Mts. limiter, an itneresting and respectable woman, was with-child at the time this most unjustifiable attic k was n ic. Tne serious effects of the !now were cleat ly protect by the surgeon, and the most gross and indecent language by other witnesses. Inv jury, alter a few mono:tits' ctnts derattoit, returned a verdict against the deftntiant.—Dantrges aoh w.th full costs of suit. So much for this qa4tnot ro tt ttt ander of the renowned Corps of yellow 61114t0n-o l eo, who, we understand, h •B witnin a iew weeks been apirnmed the important ithee quarter-inastei to olio Appleby troop of Yeomanry Cavalry. Mr. Justice Park arrived at Appleby on Wednes day, and opened the Commission of Assize and Ge neral Gaol Delivery. The next morning, after attending Divine Service, he procem ded to the Court house, and commenced business tit the Crown Bar. BOW sTHEET. FORGED NOTES....-Chatirll itoSs, a young man of highly re•pertai,le connexions, hi. fattier being a mer chant, and his Intoner au eminent prtd*essional Malt, Un derwent a. final sxantittation, charged with being acorn. nuns titterer of forged ltd. Bank ot Etialand times 1 0 a considetaLle extent Toe pristmei was originally de tected in uttering a forged 101. Boa...note at Ilse Key Itagolio, in Challiii.S•Strrel, and F tatty Imgoto. iu Catlietine-street, in the Strand. (In at, investigation of his conduct, previous t e his then detection, it has turned out that he was the instrument and dupe its the hands of a most desperate siallg Or villains , vs Ito were eisaa,,,ed iii the manufacture and uttering of MICH ri.rged and frau dulent ',pieces of !taper. as well as some forgeries to the large amount of 201. each, but the actual forger has not beets disetnered. They have beets traced to a matt of the name of Carder, who keeps a Noland, but with hint the trace ends; however, one of the principal o the gang, of the. nattiest(' Sand:Ord, had a case tddlici riot ly made ttttt ti t oilest him 10 COI ttttttt him for ori The prisoner tinfortinnuelv connected humt'll a, the general (stirrer, he Long well qualified lit it flout toe hberal education lie nay received, as wt II as hi. kettirel appearance and accomplished Manor's. A charge ice lentil against bins yesterday was by Dr. Yates, of (-ta xon-street, Alay•lair, to whom he pretend. d to he 'well, and to pay hills his lee city hits .1 ID,. 111.111i,•1111 - e, Sir Henry 111-11Ord W. 14 .11.11011 g tiOrlol4 44.110 vitro 00 10 1,a,d i.y lilla means. It W*ll 111.1t111111 111 lake ad -15 la w,e• of bins at the B u te lie would leave tow it fin 111 alit:lld lilellate lir was Collrtl tiptoe by •of the stmt just as he na% about to start, awl out 4 101. note !ming given to hint he clussiged 15 its its hurry will taking time to examine it. Tile vamp system of ploutler hav been c•rry log nit at schools, pretence of paying a goitres ur mo as elilfasiCe seuol.ty for children, getting change for iOl, tunes, and pormitsing to send the cnildren the next day. The pri mmer was committed for trial. THE IaITE S7'011.11: Extract of a private letter, dated Dover, March 5 The ellerts of Vie dreadful laurric. , ne ill the '..i and So inst. well be lung telt and acilloied by u un rbe•s. The rohleNt ►enmen ben• do not recollect so sudden and terrili r 4 gale and lUM h nip - aid that ne 5b..11 he•dr 01 r distressing WTIIIIIIIS than Ilia.e which already pie eat 111.•iiiseiveb, that he possible. The property and v1(11111.16 the deVasi. tallll4 Mkt destructive clement are guile iiii . "lestialtle. The whole lire of French roast, fur 440 mile. , and many purls of the Channel, are ►trewrd with floating wreck. It is staled on pr.•lt, Rand authority, that there me no 1/•M thou h. •es., Is a reeked lietneeu tool Li:ivies, the divas for the Snug inset saved ; but they present sorb a %hocking seesse of misery and distress, as to he gear appall ing. tin• greater part being frost nipped, nod assail out with ; . :41i411e. A per son vow about SOO of • thes.e pistils seamen huddled together in it Lon. Flow very dill. resit is the treatment of %Stipa g's eked foreigners on our reset. the Vow idence. if t. ells, ( N ors olk Captain come iss, Living too of lair coca . stead lAIIII Ike COW Mid eXerbitil% ; their 141141.41 i are k.liiii)ll4lliil Jordan, hot It of Webs, sod left wires and homilies. rite 3auses, ut Newcastle, ( apfl4lllCishitt. ors ivcri of • here, nod I:uulyd „c of the Cr. w of the brie Loud tttt t of Suieterhissil, a un•lt foundered hi the g 41e 41.1 lilt . SIIIIIA4sh. A brig', heinn ~ 4t:, it is thought. to We))10111II, Strait dawn u 9• here. vessels we.e reched on the lioa.MNI Sandi. tan o 1• t!u•e of • are Knots, and three ott .11e S win. The King (ismi.e packet, with the mad for Osteiiii, was caught by Ilse mule within six irides of shut pint, atail bud ft tissue of it, but rclurned here in i..stits, a u..ugh damaged, but they have all mere sir lesi received *Mile damage. Many of t. , ! 000 res Ili nil.• 1.0%1n were injmcd by Ilse hiss I knot . t and t I.e vane noun, the old church at tile Castle, iA ills part of the will, was blouu dust it. C.IUTIO% TO 11EllIFFA, UNDER SHERI ITS, .40 D OTHER RETURNING OITICERS. A Return was laid before the House of Commot-s at the end of the Session of 1819, from which it appears, that many Under Sheriffs claimed corsi derable Fees upon the Return of Members to t'..e last Parliament. Upon a reference to the Act 7:4 and 811 1 William 111. cap. 25, it will be seen th, ; ;, this practice is perfectly illegal, and that the 'weir,: of any Fee vii this occasion subjects the persons concerned to a penalty of 5001. sett. 2. Anil lie it further • started by the antlievitv aforesaid, Thai whin r the Shirt itt nor bie t'uder Stireirt in any County or City, nor the Mayor, Ginste,te, Port Keeve or other Olhrrr or Office, of :my Boronah, Town Corp:ante. Port or Place, to isholn the esemition et any Wri. or Pi crept for elect inz Members to eerie is Parliament dolls belong or sploritlio, .li4ll giro, pa:„ receive or take soy Fee. Howard or (inanity a hat.rievek, for the making Receipt. 1):•ii‘ cry, Return or Euro lion of any such Writ or Precept. Sect. 6. ---- And ebony Siterbr, I:nder Pierlfi; Mayor. Bailiff anduilter Officer, to whom the Exeetwu of any Writ or Precept &.r the electiag of Member r u serve in Parliament loth belong, tOr every a PIO otP.i -e contiary to this Act bindl forfeit the sum of SGOI. DESTRUCTION OP THE EXETER BY FIRE. Tuesday moring, hetweeU the boom of two and tip,, 0 - cluck, the Ezeier Theatre was iliscurcred to be on is : an Worm will well spread through the city, and settees.' tire-e•girtes were,.os speedily av possible, drawn to Ike spot; bet before their arrival Ike Mims had hurts through she riloi; which shortly alter fell in with * Iremeotlo!: crash...4lc iuter:ur of tlir building, al this time, pie.: HI ell one elegise blaze from end ou end, preventiog ?be pm.: 1. lobo) , of saving* shogle article; arm it. Mlle mot e.11,.ti host, hone the first discovery of the Gtr , Ille o tore of the budding wet CIIVI . IOIIPd Its HOW ha 'Limes raged wish amazing they, and the sigrt was owntily grood and appalling.—Urge tisk, s of tits a err coust:iot." ds. remling, which, drifted by the %%mil, excited the uUnosl lei rur and alarm through the livighboistliuml. Four or five 11014tfell ih Soutlierialii Pmee, situated near the 'p ica . toe, were in the %t unuooelt itsogur; to titc per rt cation of those the eugoies were pi loci :,stly die cc led, and by the holefstigable r.%ei lions ot the the-nieu,ard usheis rissioeil, they were fortimatt ly saved, as well a. the hand some Whirligig, in flout of the Theulres lately elected.— ] he Tlleollre 11411 been elegaiitb fitted Hp, al 4 4' olir.ttiel-4• ble elpi°lll"C. previous to Ili, op, iiiiis; this sr:lmm. 'flit luau to the Pouplielots must be very consults:Mb:A.., ot e swot, time property Is sent WI/111101 !I/ one 1 . 1. 1 0 1 p 0 1 1 1 1 : es l , to —"floe state of the Performers is iletplY 1 0 be lamented, they hove cern tiy sulks ed * loss of Isever..l weeks' sabers , Ise consetpirtice tat the deaths untie Duke of Kent Slid tl e Kong, and now, by this dreadful visitation, which has prised 110411 11l their datasts and other iistmy of theist irmy her smd Ise base 101 l their all. . _ A certain patriotic Innkeeter in a Northern County, who has always taken a very active but manly part in supporting the !wily and indeperul. owe of Election, was asked the other day, to favour it most independent Candidate with the me of his post-chaises and horses fir rtahing (being so purely for the public good)! the said independent Candi date handsomely offering to pty Government duty fi►r the time they might be in his service. "A 0, uo,' quoth lioniface, gruffly, " 1!1:tes and chaises, Sir, are my estate. and till I see all your other stipporters lending you their estates on the same condition of yi:tir kindly paying the taxes, you must excuse use for decatting to be snore of a fool than my neighbours!" His Majesty has preiwnted Captain Fitsclurence with a sword of considerable value, as a mark of his Royal approbation of that gallant young officer's ineriiurious services in Cato -street.