The Statesman. — London, England, 1821-11-06 00:00:00

L 4 MULLAH:MA COURT OF XING'S BENCH, Nov. 5. If 4,11 AND ANOTIIER v. PRENDERORASS AND ANOTHER. This was a deasortei too plea to a declaration on a .rrety bond, coadidoned for the payment of a certain I place . for coals supplied by the plaintiffs, respectable coal-merchants, to a relation of the defendsusts.` The pies was, that the plaintiffs bad given the principal • debtor further time to pay the debt, upon his entering , into a warrant of attorney to pay It by instahneats, at 100 J. a mouth for eleven months. The priacipal debtor had failed to pay the first instalment, in consequence of - which the plaintiff proceeded upon the surety bond against the defendants; and the question was, whether a plea of further time given to the principal debtor; dis charged the sureties in a Court of Law. Mr. H. Mona argued against the demurrer, and Mr. Cerrrt in support of it. The COURT were clearly of opinion that the plea was no answer in a Court of Law, for the surety bond being an instrument under seal, could only be discharged by an-instrument of equal fora& If the defendants bad any remedy, it was in equity. Judgment for the plaintiff. TEE RING V. JOSEPH HANSON. This was a conviction brought up by certiorari from the Sessions, for selling ale without a license. The conviction set forth negatively that the defendant had not an excise license, witheat stating that fact to have . been proved, sod merely stated that the defendant had sold ale. without going on to state any proof that he had no license. The question was, whether it was in cumbent on the past of. the informer to prove the nega tive statement in evidence ? Mr. WALTON contended that it was not, and relied upon the King v. Stone, 1 East. 639, and the King v. Turner, 5 Meals and Selwyn, 206. Mr. ALEXANDER endeavoured to combat with the lat ter authority ; but The COURT were ofopinion that it was decisive in prin ciple with the present case. There it was held upon a conviction under Stet. 5. Ann, c. 14, s. 2, against a car rier for having game in his possession, that it is suffici tot, if in the information and adjudication the quail 6. • cations mentioned in Stat. 22 and 23 Car. 2, c. 25, a. 3. be negatived, without negativing them in evidence. Rule discharged for quashing the . CODviCtio4l. THE RING V. THE INMAILIT&NTE or ST. ULVYIAS. This was a case from the Cornwall Sessions, under rather peculiar circumstances. Two Justices removed the wife and children of a man named Wm. Prynne, from the parish of Kee to the parish of St. Olories, both in the County of Cornwall, and, on appeal, the Sessions ,confirmed the order, subject to the opinion of the Court upon the following case :—lt appeared, that William Prynne having enlisted for unlimited service into the Coldstream Guards, deserted from that regiment in 1799, and was soon afterwards impressed Into biablajesty's sea service, and sailed in the Trusty, man of-war, as ar plOnrar, in the Expedition to Egypt soder General Aber. remolds, is 1901. Os •the maw et,Seirgeomp,ftle Egypt homeward, la aborpasse yrsar, ake . .amoired the . RSIDS regiment De baud ehiliaPikeed PM" , being re cognised, was brought on *lt qsareer-deck, when Lieut.- Colonel Caleraft, the Comniandig Carer on that ser vice..of the regiment, asked bias *bother he liked a red or a blue coat best, and, sms Plane's answering that le had rather stay where be was, Colonel Caicraft told Captain Chloe, who commanded the Trusty, that, cs it was peace, he might do what 'he pleased with Prynne, and either send him to the West ladies or discharge him. The Trusty arrived at Portsmouth about Christmas,lBol, and afterwards proceeded to Chatham, where the ship was paid ofd', and Prynne was discharged from the Navy on the 25th of April, 1902. and received his pay as a seaman,.and 15s. tid. Navy prise-money. Prynne never -returned to the regiment, nor was discharged from the Aimy otherwise than as before stated, and is still con tinued as a deserter in the description book of the regi .gpeot, the Horse-Guards. About the year 1806, "gene being then unmarried, and not-having any child or children, was hired to serve for a year in the wish of Kea, and served a year under such letting and resided.duriag the service in the same parish. He ofterwaras married the pauper Elie, Prynne. and had issue by her the several children named in the order. %dm, having become chargeable in Kea, were removed to the parish of St. Oluvias. The questions were—l. ; nether Prynne could be considered as having bees clischarged from the land service. by what bad passed 6n board the Trusty? and 2. Whether, supposing him not .to beso„he could 100 treated ap a deserter. sad sisrefore incompetent to gain a settlement under 3 William. and Mare..c. 11. sec. 7 ? gr./0.44LE; and Mr. ADAM argued the case for the Crown, and Mr. TINDAL for the parish of Kea. The Pout were of opinion. that the husband of the Fulmer was not ui furls by what took plass on board. the 'Trusty. The Colonel Commandant bad no lawful authority to discharge him; and, being still to ise con sidered as a deserter. be was not competent to gain a se4leaasit by virtue of the provisions of the statute of • Wiliam aai Mary. c. 11- s• 7.. and the case of Rex . o. liferton. 9, East, .206, was referred to as a decisive puilterity.—:-Order confirmed. • COURT OF COMMON PLEAS, MONDAY, Nov. 5. The Court trait osimpto the whole of alla day with "an stetioniwertgbt bf Mr. Taylor, of the Blue Posts Ikea* linttoo-mews, against Mr. Stone, the lanNord of tb, isdioiloing premises, to recover da ;Doges sfof.: buildi s ng sp a wall which intercepted the tight from the. mindere, of the public bow,. and for piliag of mature eo.olose to the premises aa.to pre . Sept eniktputert front motioning, es finned,. to .fro . smut the tit. A guts** also arose upon a.right.of way at the rue of thorbasee. . iirrergl triteesee INV Oltileilled at betkaidesapoa the right of way: the ground between the.partios be . IftMed. to Aagi Groeteuttrzand Won& Berkeley. The ),Fitience of the wigwag , mos Conflicting;.those on . the one side otiftd, Oat lb* passage in ibe•sapr, ea . 0. 4 0 4 10 POMO •944ftzt4•& , a41e1.. Rll ll a public • wbJss 4b i witnespefoy,the dafesdast unaistained A s s slit right of war scresily oecasionally 'exercised audilletayetiortesp. 'gist Joarlroand a verdiatfor the 00014 srprolli, upon 6U the counts.—Damagys 101.• • POLICE. MA ttstos-mouss....-Yesterday Bohes and Christmas, were brow Mayor on a charge of havin; lows wbo bad committed several den in the city. It appeared frost Mr. Woataer, the City Manisa!, the Mansion-house in the morning _ ___ rabble bad assembled near Blllli with two ugly old men in chairs, Fawkes, were parading the place, cent passenger to give them money , to inch shopkeepers as did not with their demands. In consequence tion, officers were sent down to , found a gang of about 30 of the of the market armed with bludgeons. with the prisoners. Immediately, however, the officers were perceived, the party ran away, leaving the two prisoners, their Guys, behind them. The two latter were tied into the chairs, and immediately secured. — A number of outrages bad been committed by the band during the morning. They had gone so far as to stop passengers. and even the cert., which they would sot allow to pass before they were satisfied, ski planted themselves before the shops, and extorted ... money by menaces. The two prisoners declared their iasocence of mitt ages complained of. They said they we re going to their work that morning, when they ogie seized by a number of fellowe who were upon the look out for some one whom they might think old and ugly enough to serve for Guys. They were both tied hand and foot in chairs ; the fellows next pro ceeded to blacken their faces with soot, and otherwise disfigure them, when they mounted them in chairivand paraded them through the streets in the contlitios in which his Lordship saw them, exposing them to wech missiles as rotten eggs, and to the contents of i/ .1 tic utensils, Sze. Resistance was impossible, and - y thought it best to submit quietly. The appea tf of the men was certainly prima fade evidence at least part of the story. 'bid' A man was called in behalf of the prisoners, who, It appeared had been one of the party ; but he denied having been concerned in any of their outrages. lie admitted that they had pitched upon the two prisoners as the two ugliest men they could find to serve awileys. They soon stopped all complaints by giving they gln, which was drank at every public house they paised i pints. They bad, the witness considered, a prasetip ii tive tight to exact something on the occasion front those who could afford to give. Tiny were disap pointed, however, as the treasurer had made off with the box in which the money was gathered. The LORD MAYOR thought the prisoners were forced into the stations they occupied by the crowd, and dis charged them. The authors of the disorder had goo. much too far, and some of the cases seemed to bear the complexion of highway robberies. A NEW TRICK.A man named Dayton was charged with having stolen some silver from the shop of Mrs. Crane, a fruiterer, No. 33, Cannon-street. . . . Mrs. Crane stated, that on Saturdly . IdakM6o 4 oll sonar mane We kw shop, sad purchased vo6 apples, lila afterwards asked her if she cold exchange an old for a new shilling, which be wished to give as a reward to his little girl. Ihe prisoner took out the till and placed it on the counter, that the prisoner might examine its contenta4o find such a Ailing as he wanted. The prisoner put in his band and took up several of the shillings, but did not find one, he said, that would answer him ; and after civilly thanking Mrs. Crane left the shop. Mrs. Crane, on returning the till to its place, perceived a deficiency in the num ber of shillings it contained when taken out, and im mediately followed the prisoner, whom she brought back, andla constable being sent for, who searched him, six shillings were found in his hand. Mrs. Crane stated that she had counted the silver in the till but a moment bef;'re the prisoner came into the shop, and the number of shillings was ltd; when the shillings were reckoned after his examination of them, the number of them was twelve. The prisoner positively asserted that the money found in his band was his own, and asked, was it the actof a guilty man to return into the shop when asked to do so? He was fully committed for trial. BOW•STREE F.—Yesterday Mr. Williams, a coach proprietor, appeared to a summons issued against him as the proprietor and driver of a stage coach to Oxford, for carrying one more outside passenger than by law allowed. The Act of Parliament allows coaches with four horses to carry 12 outside passengers without luggage on the roof, and with luggage, ten only. The information was laid by two common informers, named Martin and Stringer, one of whom swore that the defendant's coach drove into Hounslow on Friday, Oct. 19th, with eleven outside passengers, exclusive of one man, who was hanging on the step, and that there was luggage on the roof. Mr. Herne, proprietor of the Golden Cross, Charing cross, who called to prove that Mr. Williams was the appointed driver of the coach in question on that day, and that his hand-writing appeared in the way bin.— There were eight passengers only entered in the way bill on that day. M r. Williams, in his defence, pleaded that he was not the driver at the time spoken of, that there were only ten passengers, and that there was no luggage on the roof. In support of this defence be called Mr. Purcell Albert Dyke, a young gentleman, appa rently about 19 years of age, who stated himself to be a student of the University of Oxford. He stated tba he drove the coach into Hounslow from Oxford on th day in question, and there were ten persons only on, the outside beside himself. Sir It. Big:rte.—But youare not the coachman, are you, Sir ? Mr. Dyke said he drove on that day, and that Mr Williams wee not on the coach at ail until lifter it came through Hoinslow. Mr. Williams—l believe, Mr. Dyke, you occasion ally act as my coachman, do you nut ? I Mena whop I rest or lay by, as we term it ? Mr. Dyke said he . did. • Mr. Williams—Do you ever pay its uff Ow. or consider yourself at all as a passenger) Mr. Dyke said he did not. One of the informers asked Mi. olicolfirs arwa . ys took such paqicts)ar notice of thi somber of passen gers as be seemed to have done on this occasion? Mr. Willows=-Oh ! yes, 1 'hare taiiglit 'KIM to do. there was luggage, and he never permitted oath against oath. Mr. Williams reminded the Worthy Magistrate, that it would be - the oath of a gentleman against that of a common informer. Sir R. Maros said, he must act upon the evidence of the informer, and the defendant aught appeal if he choose ; but he should be guidett,ln his derision by. the spirit of the statute. ., The defendant was convicted in the fall penalty of 201. and he expressed Mt determisitles to appear,* .t • t the Sessions. Sir R. Manse observed, in the course of the bearing, that he wondered gentlemen did not emulate the skill of their cooks as well as coachmen. Ma R Lsonouctt-sveanT..—For some time past, tbs. house of the Duke of Gloucester, in May Fair, has been under repair, and materials of various descrip tions having been stolen, Mr. Woods, a builde-, ob tained a search-warrant to the house of Mrs. Edwards in Shepherd's market (an old iron shop).) Her son having been suspected. Plank, Jeferies, and Wales, ' proceeded thither, and to another house of Mrs. E.'s in the neighbourhood. where the amen were op posed and maltreated by Maria Clowty. her mother, Mrs. E. and the son of the latter. The aeighboarlsood was all in an uproar. The °Seers fogad is a boa at each }tons', several hundred &mesa ire-works. which they with difficulty seised. The mother and daughter were sent to Bridewell in default of hail, for the assault, and the son was remanded. II /NAM LIAMINATION 011 W 1. VATNE, ?OR THE £1 TIMPTED MUMS OF MS Inn._ Tows -11 A Le., Sou TN Wait u.—Yesterday if. Payne, was brought up in irons from the Borough Corsept“, and examined before Alderman J. J. Sierra, charged wills brutally assaulting Sarah his wife, and initialing several weends upon her person, by which bee Ur was placed in imminent danger. Mrs. Payee was brought eat ap from the Hospital in a very weak state; her face and..head still exhibited evident marks of the prisoner's air 7 ocious attack upon her. A rrepectlble individual, a jeweller, who beheld the material part of the affair, stated that the prisoner, after dragging Isis wife through the kennel, drew a Irelfe upon her, and with a blow of it etteetedlsre awe, acre* '4l whieb'ebtie4tetrieryet eopionet#. H. also aimed blows et her body with the same instrument, and would no doubt have murdered her but for a young man named Mocock, who disarmed him of the 'knife, in the performance of which humane action his own hand was cut shockingly. The ground, as well as the persons of the prisoner and his wife, was co vered with blood. Mrs. Payne. who appeared to be far gone in preg nancy, stated the particulars of her husband's brutal attack upon her, but could not recollect any thing re specting the knife. The prisonerdenied that he had used a knife. He was committed for the assault, and ordered to give twenty four hours' notice of bail. The Alderman recom mended the wife to the care of the parish officers, and paid her coach hire home. Harms; -GAM/EX.—Yesterday Mr. Win. Read, jun. a watch-finisher, who, some time ago resided in New castle-place, Clerkenwell-close, where be carried on business to a large extent, was brought up from the Wa.ch-house, charged by Mr. Horace Gooch, a watch case maker, residing in Coppice-row, Clerkenwell, with forgery, and absconding from a commission of Bankruptcy after he had been served with a notice.— At the time the prisoner absconded, which was in April last, large posting bills were placarded in the metropolis descriptive of his person, and offering one hundred pounds reward for his arrest. He bad not been seen or heard of until Saturday night, when he was met in Blackfriars'-road and taken into custody. Mr. Gooch, the complainant, deposed, that be was one of the Assignee." under the Commission of Bank ruptcy, that the prisoner had been served with a notice to surrender, but he had abscon led. and never ' appeared before the Commissioners. The necessary witnesses not being in attendance, the prisoner was remanded for further examination. UNION-HlLL—Bridget Sheehan, a woman ahout 34 or 33 years of age. wade application at this office for retie( for herself and a starving child. She stated that her inhuman husband had deserted her and her child, and that they were without the means of sup porting existence a moment longer. Hall, the officer, stated, that on passing &long High street, in the Borough, on Friday night, he heard Bridget Sheehan loudly deploring her miserable situ ation. She- was sitting on the steps of a ball door, had a child covered up in her arms, and declared to the passengers that she and her infant were starving. The witness had no knowledge whatever of the woman, but be gave her the price of a bed and some victuals and desired her to apply the next day at Union-hall, where every thing would be done , fur her by the Ma gistrates. She received the money and advice most thankfully, and was punctual in her attendance at the office. The woman was not long in describing her unfortu nate sitaatien ; when her infot was recognised by some person in the office as a child that bad been starved for the mime of obtaining good living for its pa rents. It was•recolleeted that some time age, a nes, who stated himself to be the father of the brought it in his . arms, in the same wretched condition in which it now 'appeared to be, and told the Biagi.. ' trate' with seers ip his eyes, that the unnatural mother had deserteil the babe. having gven refused to give it sustenince from the breast. What made the case worse was, accorilug to the. man's statement,. that4lp.ltother had !Trk oir with Another Luau; leaving btm in despair, mid ut.illy un.,, — kw of Lady Lauderdale. It is with mach pirelariderfto take from the seine paper the followirig cultzedig et i .m..• 64 We have been desired to contradict the itemise s ( the &alb of Lady Lawlerdele, which we 4mi r ii,h 4 4 6 our parr of Sathrday, on the authority of a de * sposelleat. The persoti who communicated tide at. costae bassinet! sent to its a htttir, in Which ba s , jleewilidges thatke,tvtites seder an assamed t h, -gait, and that his intelligence was false." 1 Swim DUNG EXTR AO RDT X Altie•Abeilt fatal* . . ‘ :Owe 4 'trey eorpaknt person professing to ol, imaxi Ache"' and apparently a respec t % tain t cam to Loothborongb, for the professed sop * of prectisiag as a physician, and being unquestionabl y a medical man, found no difficulty in forming e a* netions, particularly as he hal the advantage o f iii easy address and familiar demeanour. His m e w, of success being favourasle, he bargained f ur a Mew late in Ski aecapatiou of Mr. Viekers, surges., fi t which kerns to give SOW. Soon afterwards tsar land was adiertiseti for sale, which be also pert-boa for the sum of %SOO/. No deposit was insisted spit for either of the parthases, as lie stated that his cub ... 4 was in Messrs. Coutts's Bank, in London, and that could lot reeeitre it Until the . lit' of October. conveyances. wore . prepared, and painte rs ,ftiphrik braatifr the house. At length the inset drew nuke snaking good the purchases, and consequently ter Ik e oompletiol of his nefarious designs, which he lad se , iliffiealty fa accomplishing, having gained the ens. Mese. of,the inhabitants. He therefore, proceeded to purchase from the sileerstniths, drapers, &c., all de. scrip:ions of portable articles on credit, and seat put. list(' a sore considerable fraud on a druggist sad banker; the former he induced to indorse a Nall at s i g ht o n Comma's Bank. f.r 3301. ; which be readily obtained cash for ; and from the la•ter he obtained an advance of 131)1. on his presenting them with a cheek on Coitus Uank for 3,oo4—Having obtained both dose some under the speelons pretence of bulk moutons to get eke° his house and afterwards premed. lag to be gpieg t. etby to bey farnitore. he mob hi s :g na t exit from-the Owe. tie was traced to Liver. pool. from which placebo embarked fur tireeneel, sad from thence preceeeled to Belfast, where all Malt et ..hlom i smt*- 7 (Der473kreeri.) • . Ikentset - Vbxnaux.-t-Friday night, deep eight o'clock. the neighbourhood of Psslaion-ntred, fields, was thehwn Into the greatest tunrult sad ant fusion. A furtaidable gang of ruffians with whidithe above parish abounds, and whose depredations no et the most daring anti ateocious description, gave satin to the stations of the different fire engines, that a alarming fire had broken oat at a varnish mandate in Fashion-street, and that the whole neighbourhood was threatened with destruction. The engines met speedily got ready, and on their arrival they dies. weevil it to be a false alarm. The street was eagle* blocked up with spectators from one end to the stim amongst whom were upwards of 40 of the most mi• rions thieves, who had invented the stratagem ter do purpose of depredation and plunder. The villain commenced a most determined attack on the assembled mob, pelting them with brickbats, stones, and mkt missiles. Many persons were knocked down sad re ceived several cuts and severe contusions. Informelies was given at the Police-office. iVorship-street, of tile affair, and a barge body of officers repaired to themes of action ; but before they could arrive the ruffiampf scent, and most of them sheered off. The officers, kw ever, succeeded in apprehending two of the tier leaders. each of whom bad a brickbat in his bad ready to cast it amongst the mob. They *yeti* underwent a final examination before the Magistrate. and were recognised to be Bill Bingley, of picklock* notoriety, and George Neal, a noted crocksmac They were both committed under the Police Act, for tiro months to the 'loom of Correction. The officers se in vigilant search for the remainder of this gene. M ARRI ED. Yesterday. at St. Pancras. T. D. Beifield, Esq.. 0 00 * eing-lane, to lilizabeth Ann. eldest daughter of W. lbw ley, Esq., of the Island of Barbadoes. On the Ist instant, at the Collegiate Church, Moo War& Joseph Buckley, Esq.. of Moshely-street. to Mary gaily second daughter of Richard Entwistle. of Rushalnotali_ On Sunday se'nnight, at Dorchester, Mr. Barge's: so to Miss Hunt. aged 23; this Is Mr. IL's third wife; bis two first wives bore him siOchikiren, IS of whoa wore° g " births. prd On Wednesday last, at Walcot Church. itag l, of Smyth.. Esq.. of Ballinatra. High Sheriff of the the Waterford, to the Hon. Harriet St. Leger, _dogru n „.... late and sister of the present Viscount Dooetaln.gi"— raffle House, in the °unity of Cork. DIED. On Saturday last, the 3d instant, at his seat in shire. Mrs. Allen, of Devonshire-place, widen of 1M Admiral Allen. On Satunley last, the 3d inst., at Walthamstow , la liefle year, Mrs. Rebecca Relph. On Saturday morning last, the hid lutist, in a t ' lstod• place, in his Seth year, after a short illness, Georg Esq., a Fleischer of the 'Middle Temple: On Wednesday. the 31st nit. at Eatingdoeidei t + Viat. wickshire, a tJr a short illness. in the 81st year o f M r Lady E lizabeth Stenitope, sister of the Earl of s On Tuesday morning last. at Mansfield, Henry er ect ' eordwileer of that place, after taking breakfast, SRC into a naighbonea house. after *onto come/Odes 01" returning, wbee In dol.'s! subs eP lie hat ' a few paces. dropped fora. and Instantly expired. ja i. On the 2241 ult. In oolley's Uospitnl, Noniadfliale' 1 101st year of her eget'ilareh Past. widow. Her hid ill gV away yearemsodeder sad silver louder to Abijak Hub an eminent jewellormt Met Owe. ip wises@ OW I PP" three hundred wen were employed in that hulloes, 110 19 ., — * The deceased retalaed the perfect use of her facelded. coddle* to thread a tomdle to the day of her 14)11111:461114;SEditeTtaitsiutPl*Thigdael "Isaliteillo.b.s.Tll.ldoTeTiod t e m " rtioloW " 'lie% No. MC Strand. opposite St. Clement's Clier+• b.WANDNI.L. 4.L. L. Berrieter st to gh" ell Gessiummaitioes. Oro*. Ile. las notlesdied t • THE STA Si 'trig& ' . . , t an d h a ma id sot l A . B oy s aaaatusaa ig be did able to give-himo the helpltss leftist. Thi s L nn s t, ir whew n. a t i t i er . e ..... ar. y7:4 -06 , t ie ty k of we yoa t tf:rme is, re si t oi t : at t. ,. e gi ma ittates,vbe tbo twom p w ars ha re r6wiihe : e dal did d u i mohho severalt a t i 0 10 d o c a re i 4 e i li t i.f wi s :d iefili ii i; y two old mos, ought before the' Dyke was not a passeape 2 .. heeded a bald eV- Mr. Williams repliettin dm affirmative, ~,• ~ 'dreaded poverty, vowed that she WI never Wowed di ral mange, a4d_ 4 . 14 - Sir R. Stems said eh a detente was pn!lestlept infant ill, and that the whole - afeente‘ gi v es b y L . to from the stabege*lff to evade the Act of Par nt, which sowshrtiot. avail husband was a fabrication made for the pomm e l; al, that persons el 'lo with him. He had to do with peivateegree- citing pity, and enabling him to obtain. the 4 it ling complaining t a nrnts, aid If young tea t en chose to amiss them- drinking. Ilingsgate-markef, 1 selves hy becoming Iltit itlterants or deputies of stage The Magistrates having taken thi whole e l . sairs, as effigies of anehinen be had no obistoion, bat he should consider stances of the case into consideration, seat th e ems ace, obliging every a& them as passengers. That Act of Parliament was passed oat Of the reach of its detestablft ' parent, amJe dn oney, and using threats for the safety of his hiajeft's subjects, and it mattered protection of a nurse, and or&fed. that th e cot immediately comply not whether the passen.es paid or not, so long as should be confined three months iss the House al t el . equence of this info riks• there was more than the itraloonsber. ration, and to be kept to hard labour. to the spot, where they Mr. Williams said he clikid pews by Mr. Dyke that - . ,„. the lowest blackguards there was no luggage. ~ , .:: % LADY LAunnamma.—We copied os Saturday t ie d lndgeons. and parading Sir R. Btrtnts said, thi lithium ; 'bad sworn That a contemporary, a painful account of thaiiigudd iat . . I a - ii t! as 't i 'IF 'a d k 1