The National Register. — London, England, 1820-06-18 00:00:00

LAW REPORT. COURT OF KING'S BENCH, WESTMINSTER, TUESDAY, SUMS 13. ; Licensing Magisfrates.-7he King v Collins and others. Application leas made by Mr. Scarlett, last Term, for a criminal lamination against certain magistrates of the county of Middlesex. The motion WAS subm,tied on affidavit, charging the magistrates with corrupt exercise of their authority, in refusing without just aid ade quate cause, to renew a public-house license to a per son named Meek, who formerly kept the Green Man, St. John's Street, Clerkenwell. A rule to shew cause was granted on a variety of statements, mill among others, that Mr. Meek, had for several years occupied the nouse in question. Its 1816 his licence was refused, on pretence that hr had opened t: :e house with two entrances, and taken out a beer licence as a colourable pretence for keeping a spirit shop, which was the grin meal part of the business, and that he had disposed of h itbeer trade to Allolher person in his house. On the refusal of the licence on the above grounds, Mr. Meek presented a petition, and oat examined. He declared that he did out dispose of his liminess for a premium, but it was admitted that his own waiter had taken the beer trade to pay him one guinea per butt. He al leged that the ground of refusal was not that stated, but that his licence bad been withheld in consequence of his refusal to deal with Meux and Co. and of his hav ing transferred his custom to Barclay and Co. It was also stated, that on one occasion, when he attended to get his licence renewed, a son of Sir Robert Wigratn, who was wpartner its the house of Meux and Co. came and desired one of the clerks to et rite his name, which he sent in to one of the magistrates. Sir N. Conant came out won after, and conversed with him sour tiun•. .--He was refused his IlerllCe on that occasion. At another time, two clerks of the house of Men% and Co. were in the room, and he suspected they were there to influence the magistrates. The reason he quit ted Me'sx and Co. Was that the beer was 1111140ft:111, and af...1 the change he sold much mac. In 1817, 18, and 19, he repeated his pennon for a licence, but although hr offered to fit up his house in any way the magistrates might direct, they refused hint the licence, and the consequence was, he lost 14001. and had since been ruined Tne magistrates had granted a licence to a house a short distance from him, namely, the house kept by Temple and Co. at the corner of Fleet•markrt, where they did the thing he was Wanted for. The Solicitor General this day slimed cause against the rule, and produced affidavits sworn by the magis trates, their clerk, and several officers employed in their service, stating positively they had tint reMsed the li cence under any corrupt motive, or favour for Meux and Co. but in the discharge of their duty. Sir N Conant particularly made an affidavit that he had no recollec tion of the meeting ascribed to him with Mr. 11:ig ram, but he was so conscious of his own motives, that he was sure the conversation had nothing to do with Meek. All the partners iai the house of Meux and Co. put in affidavits, suiting, they 'never had exercised any influence to prejudice the party. Before the Solicitor General had read all the affidavits, the Chief Justice observed, that etiough had been shown by the athiavits to prove the charge of a corrupt exercise of authority was unfounded, therefore the Court felt disposed to dis charge the rule. Mr. Scarlett,• in reply, supported the rule, and con tended, that although the affidavits of the defendants did not acknowledge any such influence as that attri buted to them, lie hoped to be able to shew all the allegations were well founded; he wished at least to show that his client had grounds for coining before he Court. The house in question was the oldest in the parish—it was the best conducted house in the parish-- all the tespectable inhabitants of the palish It •d conic forward to prove the character of the Mall and the conduct of the house: the house was shut up, and the man was beg.tared. Mr. S. Marryat, on the part of Mr. Gaskill, stated, that the application, as against his client, must have bet founded in mistake. At the last 'netting, the refusal of which forlorn the ground of the prese n t proceeding, Mr. Gaskill had nut been present. The error imputed by Mr. Marryat was admitted by the other side. The Lnrd Chief Justice.---The mistake of the appli cant has induced the Court to grant a rule against Mr. which certainly ought not to hate been grained at all: as a;tainsi that sentient 111, therefore, the rule must he discharged with costs; he has beell improperly brought here, and 11..13 Inll just that he should be tel front all eXpe..Ce. As agatost the other pgittleineit tt ho are deleudanis, the Court is of opinion that the rule ought to be discharged, hilt without costs. Vt e are inclined 10 .1(1,, r , this course, lit Cause 1( appear', [hal, Upoll two Ileeils lig Cla)S, 111 1816.111 ,1 Idi j, the wall - ging clerk of a brewer was present. Now iiiis Is a cir cumstance c Icidated to excite solecitiii: it has exec eii suspicion in our a olds, and 'night wt It t sent stispie oil in the mind 0: the applie.,lll. i !..110111(1 also say, that It strikes us as itioly improper that, at a 'Heeling held (or the licelistog ui youlic houses, Sir N. Conant should have pelt tit, ro. in for the porptise oh speak tisa to a iiiscitarged. - - THL KING V. LORD RANELAGII. tilt lie Mad Mick. Wore, pro forma, to move !or t.itant 11. In tin, case. He whit ratood that Lord Ram la.:11 had been seen by two persons pnog into the house MI his a lunacy, :thlum;.h he is too touch to disposed io come not, the Coon of King's Mr.Bruttglialit haul att affidavit Irmo two the,.;eal men, stating that Lt.trta Hattelagli could nut, without inlinote danger, be brtatglit 1,1, forititiginent. I li. Lord,litit bad, in fact, been again attat Lett with apoplexy since the last application. REX, V. EDMONDS. As soon as the liar was gone through, Mr. George Eihnonds o of Birmingham, addressed the Court, and he was sure ill, Meek. All the put in affidavits, influence to prej General had rya observed, that et to prove the cha was unfounded, charge the rule. Mr. Scarlett, • i tended, that alit did not acknowl blued to them, I allegations were show that his cli Court. rte hot parish—it was th all the mix-mid. • forward to provt conduct of the I . ' man was lieg.care Mr. S. Marry; that the applicati founded in which formed tl Mr. Gasktll had The error mum the other side. The Lnrd Chit cant has induced Gastrin, wiitcti yt at all: as aAal it 11114 t be dt►ch,upt brought here, :Inc from all expe..ce, are delettdants, t ought to be dis inclined to .1(1, 1 upon two liceos ging clerk ca a hr cumstance c leitl suspicion in Our in the intim strikes us a, mot the licensing to have lett th, ro brewer.—ltt.ll. tti THL I I'lr.Seatic.l as to more lot) ..ga Lord Ram la.to It the house of hats ; disposed ii) tome Mr. Brougham stating that Lsmi danger, be tottugl in fact. been apt application. As soon as the Edmonds, of 13 THE NATIONAL REGISTER. requested that he might be allowed to have a copy read of an information which had been filed against him by the Attorney-General. Ile made a similar application aterday morning, but was nut attended to, as he had no affidavit verifying the assertions which he made.— He now informed the Court he held in his hand au affidavit, which, with their Lordships' permission, he would read. The affidavit stated, that the deponent had applied for an office copy of the information, which had been refused thin on account of his inability to pay the customary fee, and that front this cause the officer of the Court had refused to record his plea of " Not Guilty." It was further slated, that lie had no means of paying the fees, or of retaining professional assistance. Baron Graham—Does your affidavit state punitively that you are unable to employ counsel? Mr. Edmonds—lt does, lily Lord. Mr. Edmonds read that part of the affidavit in which this fact was sworn to. Baron Graham—Bui the Court will require a much mare explicit affidavit before it can interfere. Yon must state it in the usual terms, and then you may be allowed to sue in prima pauperis. We can do no more.- Mr. Edmonds—My Lord, I have been informed that a custom exist* of reading the information to those who carrot afford paying for a copy. It is, 1 believe techni ca:ly called granting ore. Baton Graham.—lt is first necessary that you should prticc«l as the Court has directed. lb nut take up our Buie mineceasarily. Mr. Edmonds.—l should wish then, my Lord, to be lieu don the t . acts mentioned in the affidavit. It is hard that a person should be obliged to pa y for a copy of an information charging luau with all offence of velitah it is probable he may he 'nowt not guilty. The Court here interfered, and would not allow Mr. Edmonds to proceed. For some days past the inhabitants of the Kent. road have been much annoyed and alarmed by loud screams, which seemed to issue from a cottage in the occupation of a woman of questionable character, whose husband is confined in Horsemonger-lane prison on a charge of forgery The shrieks were continued daily almost without intermission, which induced the landlord of the Green Man public-house, and live or six others of the neighbours, to take some measures to ascertain the cause. An attempt was made to force the door, but it failed, and one of the squares of glass was then broken, and a man lifted up to the window. In one corner of the room he beheld three poor children, the eldest of whom was not more than eight years old, lying on a straw pallet, and so exhausted with weeping and hunger that the eldest could hardly reach the window; they said, that their mother was in the habit of going out early in the morning, and not returning some times all night, but more frequently for two days ' together, during which they were left entirely without food, and locked up. The neighbours sup plied them with food for a day or two, during which they kept a watch for the inhuman mother, who did not return home till two o'clock in the morning, and then she was quite drunk. A deputation of the inhabitants, consisting of four persons, waited on Alderman J. J. Smith, at the Town Hall, to whom the case was detailed, and the worthy Alder man immediately advanced a sum from the City Funds to be applied to their use, it' necessary, and despatched Reeve, the Marshalman, to the house, whose picture of their situation was most deplorable. The parish officers have since taken the unfortunate children under their care, but their unworthy parent has disappeared. A youth, named White, about thirteen years of age, son of a shoemaker in Highfriar-street, New l i castle, fell from the Quay, near the Custom-house, into the river Tyne, on Friday se'nnight. 'lwo sailors, from vessels lying near, soon jumped in to attempt his rescue, but neither being able to dive, their endeavours were fruitless. A young seaman, named Lewis, immediately plunged in, and suc ceeded in dragging the youth from the bottom. He had, however, been upwards of ten minutes in the water, and all appearance of animal life was entirely suspended. He was immediately taken to a suitable apartment in the Three Indian Kings tavern, and a professiunal gentleman, named Dixon, was sent !lir, who had been eminently successful in restoring drowned persons to lot', and who had, in the same house but a short time before, restored a person to l►te under similar eireunistantes. Ile happily soon arrived, and after proper preliminary treatment of the body, succeeded iu inflating the lungs of tile y owl g man with Ins own meuth, before the appara tus fir rt storing drowned persons could he procured from the Town Court, where it is Ise, t. In a short time his exertions to restore suspended aLimation were crowned with success, much to the joy of the afflicted parents ut the youth. A nutn. er of mer chants and tradesmen on the spot humanely ren dered every assistance in their power, and a subscriptioa was set on foot to reward the young svatual), who by his intrepidity had rescued the youth flout a wati.ry grave The situation of the South of Ireland is must dis tressing. lit the space of one fortnight eight Banks have stopped payment, one of which has subsisted nearly a hundred years, and others upwards of half a century. AI. 199 THE NEWOATZ SPECTRIS!—A report lately reached Mr. Brown, that some of the convicts under sentence of death in Newgate complained of being visiied by a g host, which appeared to them at ten o'clock at night, I and in a short time afterwards a regular statement of what they called the facts was made out and sent to the keeper. Mr. Brown sent back an answer, with which • they were not at all satisfied. He said, that if they had been engaged in prayer, and as sincere in their repentance for their past crimes as they professed to be, the silly apprehension of ghosts would not trouble them. One of thetu d , clared that a ghost with red whiskers suddenly appeared before him in a flash of fire, and after crying out, " Henry Martin, when will you pay me the death you owe ma' vanished in an instant! Another said, that at the very moment the ghost appeared to him he Was at his prayers, and although he prayed fervently the apparition gave a loud knock, and said, "Jack, Jack, when will you pay me the death you owe me?" The departure was as sudden as the app,oach, and the smell of brimstone was so shoot; that the unfortunate convicts entertained no doubts as to the region from which the ghost bad come, and to which it was about to lead the way. Tile laughter to which those declarations exposed the convicts, whatever effect it might have upon the rest of the prisoners, did not remove the impression upon their minds that Newgate was in the hands of the father of darkness. They however thought fit, after having • been assured by Mr. Brown that one of the fraternity had been amusing himself at their cxpence, to make some enquiry, and they succeeded in ascertaining that a convict, named Hay, was the ghost, and the flame of fire and the brimstone. Hay had taken it into his head to try whether five men, who had not been afraid to commit robberies day or night, would be afraid of a sound and the light of a candle at night. There are five condemned cells in one passage, in each of which there is a prisoner. At tell o'clock, when all was dark, Hay entered the passage, knocked at the door of one of the cells, spoke a few words, and thrust a lightesl candle through a hole, which is just Inge enotigli to, admit it, and as sud•leilly withdrew it, to tne consternation of the inmate, vs, ho creed out, "0 Lord, have imrey upon usl" He did the same at the doors of the oilier film cells, and • exclamations of fright were heard at each. He then vole away, after having uttered a deep groan, which was re-echoed hoot the cells. _ .„ Las 613F.AU.71 7 1);31 4 RERE PRILIPPII.--Vrere anxious to rear a youth in the utmost innocence, seclu ded Mtn entirety front the world. Adjoining his pre raises was a garden, the door of which was Ks long closed, that Philippe never thought it would be re opened. One day, how..ver„ clomig his absence, this door flew Irons its fastening and his eleve, then S 8 years of age, for the first time beheld a woman ; she was of a corresponding age, and one °radiuses choicest be nines . the youth, equity astonished and enraptured, flew towards her ; tier timidity rather than her iticlinatiota nude tier evade his approach ; and Phmltl, w , on his return, found his eleve dejected and strangely agitated. The cause explained, Philippe assured 'hut the object he had seen was a bird; that there were many kinds of them, but all dangerous, and should be carefully avoided. Tneyouth, however, remained sullen and unsatisfied, and curious to see another of the species, Pitilippe pro mised he would procure one that had been tamed, which he should have a fair opl y of examining: and, as it was his %visit to divert the mind 0, his scholar from all thoughts of the fair sex, he prevailed (lion a very plain and aged woman to come into his views and submit to be exhibited. When the youth was iwroduced It is easy to conceive how different were his sensations— he clapped his hands, screamed and homed. to make the old bird betake herself to her wings, but to no eflect he discovered the trick, ani was eventualiv introduced to and united with the firs, object of his afiVctions. This story is drainstizeil in a popular opera on the French sta;:,e ; and it IS now ro:iiimm, ii Pirls, In deuchninafe oisea•,.r de !se•re Philippe Curious fact in Ornithology.—A Turkey cock, at Mr. John Fisher's Whiteleigh, near Preston, has taken possession of a common lien's nest, containing seventeen eggs. Ports.—Lodgings being announced for single gentlemen in a genteel neighbourhood, the other day, with an N.B. that they would not be let to any poet:, a gentleman was curious enough to enquire the reason, when he was given to ir , derstantiby the landlady, that the resolution she had fi,rnied aroso . from her having let the lodgings to three different poets in her time, who had only dotted the floor all over with ink, spoilt her looking glasses with wicked rhymes, crowded her door with duns all day long, and run away at last without raying her a farthing of her rent. first stone of tt . charity school at Costessey, which is to he erected ut the expellee of Sir Jerningham, Bart for the education of the poor of that place was laid on Thursday se'nnight. Mrs. Kean accompanies Mr. Kean to America, they sail for New York early in September, with Mr. Price, the Manager of the New fork• theatre. Mr. Kean intends to make a complete protZ!ssional tour through the United States, and returns to England . in about l!-? months, SUN! MER CIRCUITS. Floatc—Lord Chict Justice Alkou, and %Ir. Baron Wood. NORFOLIL—LottI Chat Justice Dallas, and Mr. Juake Miro) d. VIII/LAND.—l.urd Chid Baron IticiutrdA, and Mr. Baron • GetITOW. W EST r. Baron Graham, and Mr. Justice Burrough. NortTuEux.—Mr. Justice Bayley. and Mr. Justice Park. Oxtroao.—Mr. Justice Debt. and Mr. Jusuce Itichartlwri, The plague has again broken out in Tunis, and Las already carried gif halt' the inhabitants. =1