The National Register. — London, England, 1820-11-20 00:00:00

574 THK KING V. DAMSON. THE KING V. O'UItYAN. AM e_°_, LAIC INTELLIGENCE. COURT 'OF KING" BENCH, WIDTMINSTER, Nov. 15. The defendant appeared in to receive judgment, t found guilty of poinlishing a blasphemous Mr. ('taper, before judgment WV* pronounced, moved for a ink tti slim cause why the verdict should nut be set aside at ttl a new trial j,rittitecl. The Learned Comisel , observed, i, iv:l..; a singttlar and novel ease, and the cir cumstances induced him io regret thud the task of sup porting t his applieitlimi ha l mu fallen to a persoil of more experience. tin the trial of this prosecution, wind] come on at Guildhall on the v',3,1 of October, the defendant stated, that beitie tieuthle to fee Colin-el, he was obliged to plead his own cease. II:: proceeded to read his written defence, ,iittl the observations he made gas e offence to the Learned .J s td• J e, who imposed lines woo to to the amount of bad The defentlatil, being intimidated by the Bread of irretrievable ruin, wai 1111- able to proceed with Iris defence. Ile omitted many facts and la:CW(1lb which might have been beneficial to his cause. Tile Learned Ormel then oluserved, lie should snake no comments of his own, but dischar e e the envy reposed in hint, by reading the defendant's affidavit ul . facts. lle accordingly read the affidavit.— The delentiatit deposed, that having statetl, that it was a notorions fact Ihat no gentleman at the 13,1 r would un dertake his defence,titeJudge lined him twenty pounds. That the defendant was fined 401. lib' stating that ilik;nClOrderS of society sceptics, alai the Bishops infidels 11 as ing enumerated the other lines imposed, it concluded by saying, the Learned Judge, in his charge to the Jury, remitted the fines, on the ground that the of for which be imposed the fines was accomplished. The Learned Connsel Contended, that the injitry done the plaintiff was not lessened by the remission of tile fines. ftuc injury was done—the Jury acting upon the impres sion, which the defendant bad 110 pOn'cr to remove, found hint guilty. It was a question still to be deter mined, whether a Judge had power to fine for a con tempt. I a defendant was to he chef ktd ley fine, in the making his defence, there untold be an ems of fair and impartial trials---Suppose, for instance, there happened to be a corrupt Judge, and there had been some of that description, though fortunately none were to be found at the present day—suppose such a Judge was illsl used to do what a coil-opt utovernment requiled of him, how easy would it be to baffle and confound a defendant by misusing fines which would reduce his family to runt. The 1311 i rtunate man in such a case, Imbrue down by due cons' ti true to his family, would Le liturried, an unre ictinu, to exile or die scallitld. The Learned Coun eluded by stating, that the remission of the ' fine was proof that tit' Learned Judge (Untamed his au thority to impose them. Under all the features of the case, the defend MI was entitled lo a new trial. Judge Best —1 should be the last person to prevent the deiemiam from ha% big a new trial. 1 will leave my brothers, the Learned Judges, to decide the question, without the engines,. interference, end but tor the last hbservation of the Learned Counsel, I should not have said one word respectine my opinion and conduct; but the Learned Counsel has supposed that I remitted these fines because I doubted my authority to impose them.— I entertained no such doubt. I never could doubt, and 1 nPrer will dc; ht my authority until told by the House - of Lords that I did wrung. Tne Chief Justice, after some consultation with Judges Bayly and Holroyd, said, I have not the slightest &Mg of the power of a Judge, sitting at iVisi Prius, to fine for contempt of Court in his presence, nor have 1 any doubt it was competent for a Judge in some cases to remit the fine, and however painful it might be to impose fines on d defendant, yet if he cannot restrain him from conducting his defence without defaming morals and religion, he has the power to impose lines ; the propriety of the act I do not call in question. Fur the purpose of having all the facts before to, and giving full consideration to the question, we are disposed to allow the party a rule to slew cause, in .order that the discussion may come on during the present term Judge Bayly stated, that a Judge at Aisi Priors had clearly the power to fine for contempt. It was a Court Record, and they had the power to fine. As the con tempt was against the Judge, lie was the proper person to decide whether it was a contempt or not. 'Fite Learned Judge concurred in granting the rule to spew cause. Justice Ilufroyd concurred in the opinion of his . Learned Brethren. THL KINO.V. JANE CARLILE. The defendant, Mrs. Cathie, came into Court to re ceitC jtitlgtnenl. Mr. Hill, her Counsel, then moved an arrest of judg mem, on the ground that the indorsement on tne indict ment was infoimal. lt stated a trite bill on two counts, when, in fact, there were three counts. Tt!ts by legal decisions was lithl to be a variance fatal to Lite indictment. The Court allowed the Learned Crmusel to take a rule to spew cause wily the indictment should not be quashed. Air. Seat lett moved to file a ctiminal information against the defentiant, for sending a challengx to a gen tleman of the 113111 C at Ekvaiii, Inantlishing a stuck over him, and uosting hint as a coward on the Royal Exchan*e. Cuurt granted a rule to spew cause. LEWIS V. CLLMENT.. Mr. Mt/11)140F 1/11.010 for a rule to ',hew cause why .his turintry beiore tile Sheriff or Alithilescx would 111,1 be set aside, and the cause sent back apt': to assess (1:1- Beiges dercro. It appeared from the pleadinrs that a poor wan was discharged in the Insolvent Debtor's Court. in Lite report 01 the puxeettings which the defendant published in the Observer, Milne reflection was mole on the cha• ratter of the 00111(44 211 atros Hey. An aellnat was brrtwd,t to recover damages for a libel, aid the defendant st.ti,t,:sl j‘i went by default. TII E NATIONAL REGISTER, At the execution of the Writ of Inquiry before the Sheriff, the Jory found a verdict for 5001. damages. Air. Adolphus stated to the Coon, in support of his tootion, thio the Sherd had refused to ilC.Ir evidence in justification of the potilicatinii ; and that the Jury, itaving no prop` to 111111g:twat Inlore them, found a ver diet for 5001. thittiii;es. The Learned Counsel contended the damages were excessive. Tne Court granted a Rule ►n ehl•w cause. JE.X V. .b)1,11..5. Air. Adolphus moved for a role to show cause why there should not lie a new trial in this case, on the *rutin] of excessive damages. It was all action btnugh t by the plaintiff, a servant, against his master, to recover damages rur assault and lalse imprisonment, The dory , otind a verdict fur 601. The cause was tried at Guilit. The plaintiff was taken up on a false charge of embezzlement before the sitting Magistrate at Guild and discharged, there being no ground fin the arelltili ital. Ihe Court, under all the circumstances, were of opinion that the dlion34es were not excessive, and rt fused to disturl, the verdict. MOAT, NOTEIIIIER 17. THE RING V. JANE CAItLILE. The defendaiit, Jane Cariile, was brought into Court this morning, in custody, to put in bail to an inforina illon fi'ed against her by the Attorney-General, for pub lishing another seditious libel. Air. Betihow and another person offered themselves :Is hail, and Mr. Nlaide required forty-eight hours notice The defendant remains in custody. The Court proceeded with questions standing on the t~•ecial paper until one o'clock, when the Lord Chief Justice sat at Xisi Pr;us, and tried several causes. KEUX. V root.a. This action was brought by Messrs. Aleut and Co., brewers, against the defendant, a gentleman of fortune, to recover the value or a fine dray hos.re, which was killed by the neglixence of the defendant's servant. It appeared that the plaintiff's dray was standing in May, last year, at a public-house, in South Lambeth road. It was stated to he standing with the side to the cut b ; but there was some difference in the evidence on that point, inasmuch as it was also given in evidence, that the tail of the dray was backed towards the foot path. The cart belonging to the defendant was stand ing higher rip the road at the Wheat-sheaf. The horses had their witikers ()Ef r aid being left alone, they ran oil with rapidity tuwants the dray. As the cart passed the fore-horse of the dray, the shaft ran into the animal and killed it. The horse was stated to he worth seventy or eigiby pounds. The question was, whether the plaintiff's servouts had not been negligent in leaving the dray in an mionproper situation? the Jury, under all the circu suttees, found a verdict for the plaintiff, dainages 791. The ChielJ tistice, after the trial,,observerl, that it was a most 6aogerous practice to leave horses with the wink ers off. it was proved by experience that horses in that situation were generally disposed to cidents had been occasioned by that act of negligence.— The Learned Judge once heard a person, who was i n the habit of travelling, in post-chaises, say, " If you see the horses alone with the winker' off, get nut of the chaise; your life is in danger, as they will certainly run away." Several undefelided causes were tried, and the Court rose at four o'clock. HIGH COURT OF JUSTICIARY. ...... EDINBUP.GH, FRIDAY. Nov. 10. GREENOCK OUTRAGE AND WADERS. Tuesday the trial of Robert Surrage, John Dempsey, John Beck, Jos. Elliott, Malachi Clinton, and Patrick Lynch, all privates in the 13th regiment of f►nt, Cattle on before this Court, for the mimic'. of Robert Simpson, Henry Pesrson, and Archibald Morrison, at Greenock, on the 3lst of J uly last. After the indictment was read, and the panels had pleaded Not Guilty, Mr. Menzies stated, that as the prisoners had suffered considerably from the animadversions of the public prints; and as they laboured undo► other dirtuivamages as stranaers, not knowing any witnesses, nor so situated as to expect any to volunteer in their behalf, he was anxious that Malachi Clitiu , o, agaiusr whom nothing could be proved, ought he put On his trial first, in order that after his acquittal he might appear as a witness in 1 favour of the others. After the Lord Advocate was heard in answer, and Lords Justice Clerk Chilies, and Pitmilly, delivered. their opinions, the Lnrd Advocate deserted the diet against Clinton, as hs information hid not juslfy him in detaining the Court with his trial. The evidence fur the prosecution then proceeded. AL Mitchell remembers hearing a noise in the High land Close, opposite Shannon's Close, in the st 111111 l er, about midnight. When lie went up, he san one of several soldiers, a tall Mall, ask ing the best of the blue jackets to turn out, amid he would liaht them ; there were rive or six soldiers, and abOIIL a dozen sailors and tradesmen. Af terwards one of the soldiers, a little man, CJIIIC up with a bayonet under his jacket, and asLed them to turn tan atid ; lie did not heat the sailors cry any thing; tory wanted to make peace. A sailor came up, and oilered the soluitn a halt a pint not to wrangle. One of the soldiers took hold of a stoup the sailor had, and said, " Comae away, shipmate." 'I tie soldier Weill alongside of hut. and all the rest followed; witisess remained at the 4cad of the close, and shortly after he heard a ooise, .11141 Oile Or - tile SOllliCfs knocked down a sailor with a stoup The sailor lose op and followed the soldier him a Liege house; the (lot was • dian ly shut, and people, as it from the inside, called out they were killing the lad. Does ism know the lad. The crowd then began to break open the doors and window-shutters; saw Ho soldiers at this title; witness ran up the close; he stood a little, and then heard one of the soldiers cry " Fire I" the crowd ran up the chose, and said dial a lad fell, and afterwards he was carried hp the close. Ile heard the people call the lad Morrison; he was bleeding. Thinks it was the soldier first mentioned who called " fire." An old woman then ran and called the guard ; heard several slims by this time; thinks they were fired over the window in the garret story. Cross.examined.—Does not think the soldiers had their belts or hayoncts on ; all the soldiers were " agreeable like," or disposed to make peace when they wen, down the close ; but did not hear the sailors abuse the sof. tilers; but they might have done it from the way the soldiers %vie speaking whet. lie came op. J. Nl' ight, cloth meichani, Shaw•sireet, Greenock, remembers a riot on the 30,h of July, about 12 o'clock a. uiaht; concurs u ith the preceding witness as to th e scuffle, and heard shootsoi muracr ; saw the guaid take away two men in swims' stress; heard sonic person from a wonitiw say, " Who are you?" to a man in the close, who answered he was placed there by authority; imme diately after this a 'musket was discharged' from the window, and the 1113.1 it. the close fell. William Gowman, grocer, Leigh-street, saw a sailor and a girl, with come soldiers, coming toward Shannon's Close. The sailor gave one of the soldiers a push, and the soldier olkred to fi d .ht. The soldiers went to the foot of the Highland Close, where there were a number of sailors. One of the soldiers went forward and said, by the Holy Ghost, he winild fight any of them. The sailors gave no abusive laognage, and did not scent in clined to fight. In a short time he iseard a noise, and upon going to look, saw two or three soldiets lying at the door where they lodged. At that time he heard a man in sailor's dress say, he could lick the whole of them. (inc of the soldiers got into the house, and returned with a poker, or other weapon, and drove back the sailor and crowd. A sailor, who had a pair of stoups, stilt k him on the back of the head, and after a scuffle, the s iinf was knocked down. The sailor was carried into a honse,and the soldiers went into their lodgings, when a number of sailors came up and broke the stoups against the door. During this time a gun was fired from the window, and shortly after a sailor, named Morrison, was carried up severely wounded. Saw a gun at the window, but not the person who fired it. Heard the watchman Simpson desire them not to fire, and saw him immediately fall in consequence of a shot from the window. John M'Farlane, shipmaster, Greenock, swore to the affray on the street. Saw the soldiers take their fire. arms at the higher window. The crowd made a rattling at the door, and one man appeared first at the window and fired up the close. A great number of shots were fired, but he did not see any one fall. Saw only two of them fire; one, he thinks, fired very often. When any person " hove in sight," they asked," who goes there?" from the window, and said they had plenty of anintu onion. A watchman came, and was asked front the window who he was, and told to be off, or they would blow his brains out. He said he was there on duty, when a shot was fired and he fell. Did not see any of rhem load. Cannot swear positively to any of the of prisoners. Mary Taylor swore to the conversation between the soldier and watchman, and that the latter fell down at her feet, or within four or five feet of her : she endea voured to lift him up, but was not able.—Pearson, the other watchman, came down the close, and said, " For God's sake, come and assist him," and was immediately shut. Pearson died in less titan an hour, declaring that they aimed the shot at him. John M'Curcudale swore to the riot in the street. — the mob endeavoured to force the door, and a shot was fired front the window abuse, heard Simpson say, " avast firing, we are all King's men as well as you." He went into the House with the guard, and a setae envied. — The guard went away to get fire arms, and then searched the house, and took several of the soldiers. Did nut see any of the men WI. Flora Muir corroborate the preceding testimony as to the riot in the street, and said she saw two soldiers knocked down : after this firing commenced, and wit ness saw a man lying bleeding; she called to the soldier at the window us cease firing till she took in the body he answered he would fire, whoever came ; t•he retired, but came back and repeated the demand, when he said "Drag him in then, and be d—.l to you." The wounded man was Simpson. Other witnesses were called who corroborated the testimony above given, and some evidence was adduced favourable to the general characters of the prisoners.— After this was Roue through, The Lord Advocate addressed the Jury at length, and after stating that lie had not sufficient proof to insist Elliott, Beck, and Lynch, asked a verdict of Utulty against Surrage and Dempsey. Mr. Mehzies, fur the panels, made an able and in genious defence. Alter the Lord Justice Clerk had summed up the evidence, the Jury returned a vise woe verdict, fiodnig Bees Not Guilty, the indictment against Elliot and . Lynch Nut prtived, and Surrage and Denipsey Coldly of the murder ui Simpson and Pearson only, our unani mously recommended Surrage to mercy. lime trial occupied 18 hours and a half, and the ('Dort adjourned at halt:past four on Walietday monr i ug to halt-past ten. 'nu:Court accordingly met at half-past ten o'clock on Wedoesday, when John Dempsey and Robert Surrage was brought to the bar to receive sentence. The verdict of the Jury having been read. Lord Gel" lies and bird Pilruiily addressed their Lordships, aw the Lord Justice Cpetk addressed the prisoners ut solemn and impresise speech. Ibis Lordship now read the sentence authorised the Act to pre;ent the crime of murder 111 SCOII.IIIII, That they he executed at Edinburgh CM Weilnettlay the 13th I)ecember next. between the hours tit Eight a i ten in the morning, and their bodies afterwards given Dr. Alexander Munro, fur dissection. Th.: prisoners are good-looking young men, and al ',eared in great Agony of mind, inutiettliely Surraoe. ltd by :tic iii(l I to