The National Register. — London, England, 1819-05-03 00:00:00

LAW INTELLIGENCE. COURT OF KING', BENCH, APRIL et This being the first day of Easter Term, thc Judges took their seats with the usual forerialite. The state of the convicts on board the hulks was reported. iturt.s.—TTlE CIRO V. RICHARD cArmit.e. The defendant on the motion of Mr. Littledale, appeared to plead to six prosecutions preferred against him for distinct alleged Mods. Four criminal informstioas were filed against him last Term for blasphemous impious libels, of and concerning the Holy Scriptures, published under the title of Pain's " Age of Ilesson."—Tr then: the de:endatit took time to plead. and on this occasion he pleaded Not Guilty. He was then snfornied his trial would come on at the Sittings at Nisl Pries, after Trinity Term. lie was leg° Called to pleas] to an indictment, charging him with publishing. on the I9th of December, in the City of London, a seditious libel, calculated to provoke sod incite insurrection or rebellion against the King. Lords, and Commons. The title of the public..lio o Killing no Murder," To this, and another prosecution for publishing blasphemy, the defend:tn. requested time to topsider list which was allowed. lie then left the court. FRIDAY, APRIL 30. TAE XTWO r. rat:l'ra. RINWEAR. AND OTHYRA. Mr: Soulett applied to the Court to grant a new trial in this cast. it will be recollected that It was an indictment against the defendant: for a conspiracy. in having set up certain of them. who were literally beggars, for opulent merchants, in order that, by their means, they might fraudulently obtain large quantities of goods. The case was tried before the Lord Chief Justice, at Guildhall, on the 41st silt and was very fully reported in our Paper last week. A-yer iet of guilty was returned against )(in most, Woolf. and Levy. The Learned Counsel said, the first ground on which he made the application was, that the Jury. after being sworn to try the defendiu . ts, bad left the box at eleven o'clock at slight, and came again to continue the proceeding the next morn ing. Whilst they were away they naturally felt the effect of pre. judice which Prevailed against the prisoners, and they did not come back to try them with toat unbiassed mind which justice required. The Learned Counsel cited various cases in support of his application, and contended that the Court ought to grant the motion. The Common Serlesnt and Mr. Denman followed on the same side. contenting tutu it was not a legal verdict. after the Jury had di!,,ersed. The Chief Justice said. if there hal been the least doubt on the legality of the verdict, as given by the Jury, the Court would ret have hesitated to grant the motion ; but his opinion was, that them was not the least pretence for disturbinr the verdict. With respect to the Jury retiring from the boa before the conclusion of ear trial, it was a practice long established, and in this instance could not be impeached. The Court had sat from nine in the morning to eleven at night on the first slay of the trial. and in cot the Jurv, militated as they-were, had not retired, it would have been disadvantageous to the prisoners. us they could not have had the benefit of proper attention from the Jury. There was no ground for a new trust. Toe J s agreed with the Chief Justice, and the motion VMS Gurney then moved, that three of the defendants, who ap peared in Court. namely. Woolf. Kinnear, and I.ouis'i,evy stand esounitted. He observed that Weiler, the principal witness, was in the King's Bench, and perhaps it might be best not to send the defendants within the same walls. TheCvurt ord:red them to stand committed to the Gaol of Newgate. AETICLFT OF THE !FACE. The Rail of Darnley, at the sitting of the Court, exhibited ar tidos of the peace against a gentleman named Bligh. The arti cles stated, that Mr. high had been some time ago bound over not to molesChim, but since the term had expired. he had an noyed the Noble gar! in the molt outrageous manner, by follow ing him in public, staring him in the fare, and u.ing gestures to provoke him to fight a duel. He had followed him from I.on don to Paris. from Paris to Italy. and from Italy so Englrtml. At the Opera be always insulted him in the way before described, and frequently put his hand to his pocket, as if he was drawing a pistol. The exhibitant. under these circumstances, was obligul So apply to the Court for protection. The Court ordered the articles to he filed, and ordered the de fendant to enter into sureties to keep the peace for five years— himself in 6000/. and two °Otero in 3000 f. each. COURT OF CHANCERY. SATURDAY, MAY I. BET/FORD CIIARITT, Ilia Lordship in this case said. that whenever an abuse took place in the charity at Ledford for the support of the poor, and for the mointe lanee of a school, the case might be brought before Lim lily a person living in the town. In the present instance, the eiders of a London Jewish Synagogue were complainants. and he could not consider them as proper parties. Ile would dismiss the application. so far as they were concerned, and would 'ext week dispose of it as to the other parties. *COURT OP Cmi sON 14:1 7 .Ati . . — $;suRnAr, Mitlf 1. BREACH OF CONTRACT BY A COACH PROPRIETOR. BARCLAY V. HONN This was an action brought by Mr. Barclay. a gentleman of respectability. to recover from the defendant Isl. Iss. nd. being tl.e amount of expences incurred in removing his family from Hastings to London. The facts of the ease were these:—ln the month of August last, Mr. Barclay and his family. consitting of three adults and three children. were upon a visit at Hastings. Having determined - to return to London on Friday. the 45th of that Diulth, he sent his mother in-law to the office of the defend ant. who was a proprietor of the Ilasting,s coach, to secure .places. The Lady proceeded to the office, and saw the book 'it epee, of shorn s he bespoke the coach, and paid the usual de pomt. She particularly acified the day, and the book-keeper said. •• it was all right . " On Wednesday. the rad, a person called at Mr. Barelay's for his luggage, but was of course told. that as the family did not intend going until the 45th, it was unnecessary to send the Inggage so soon. Thus matters rested till the Friday, when the coach departed without the intended passengers, and Mr. Barclay and his family were kft behind. At. expination was demanded, when it Was raid there had been a r.i take. As, however. Mr. Barclay could not remain at Has t:.„4 without considerable personal inconvenience, and as he was Lo: :ed to incur this, in order to indulge the negligence of 11. e defendant. he sent for a post-coach. and in this manner pro ceeded to London. For the amount of the expences thus incur red. the present action was brought. On the part of the defendant, It was contended that the mis take hag originated on the part of Mr. Barclay. and not with the servants of the defendant. To prove this, the book-keeper and one of his assistants were called, who swore that Mrs. Bar clay had bespoke the places for IVednesday, and not for Friday. and that when the entry was utaqe. it was read over to her, and rf...e assented to its correctness. This, however, was negatived by the feet of Mrs. Smith. one of the partners of the defendant, having admitted that the disnrintrnent arose from mistake. .ad M tail Was added the anditiot.Ql el:cum:tame of a formal TUE NATIONAL REGISTER, tender of 4 pont .-41RiSe Wit in t( been made by the defendant, at the how.; in which Mr. Bar lay hsd reUilizi, subsequent to his departure, The Jury, under the direction of the Learned Judge, found 4 verdict for the plaintiff.—Dainages, 12L 134. ad. i roses, 40s. THACSANEY V. 1119110LD. This was si action tried before the Lord Chief Justice at Guildhall. at the billings after last Tenn, and was an action brought against the defendant, the recently dismis.ed Secre— tary to the Norwich Insurance Office, for the publication of a lihel reflecting on the plaintiff's character, and imputing to him a fraud on the Office. The Jury found a verdict for the plaintiff. Mr. Serjeant Cooky now stated to the Court that he had been Counsel for the defendant at the tried, who had since intimated to him bib dissatisfaction at the verdict, and his intention of apply. ing to the Court fur anE a trial. Toe Leatned Ser geant enquired the grounds on which he meant to make the application, when Mr. Bignold said, he sat near the Jury box during the trial at Guildhall, and overheard several persona about him making observations, and uttering reflections extremely prejudicial to his character, in a tone of voice so loud they must have reached the ears of the Jury. and, as he conceived. tend to prejudice them against him on this ground he intended to apply to the Court. Ile (Mr. Serjeant Copley) on Leasing .his statement, declared his opi nion that the ground was insufficient. If Mr. Bignold bad sup. htied he stifli:red prejudice front what he had stated, he should ave represented it to his Lordship at the time, who would have protected his interests with the Jury. This opinion thus deli vered had , he believed, displeased Mr. Bignold who, as he un derstood. intended to instruct his Learned Brother to make the application. He had felt it due to himself to state thus much to the Court. _ . _ . . . ...- --...- Mr. Serjcant Vaughan assured his Learned Brother he had re ceived no instructions. . . . . The Chief Justice observed. Mr. Setjeant Copley had acted 11106 t properly in the advice he had given. Tile Learned Judge then adverted to the particularci of the trial, and intimated an opinion that .here woe no grounds whatever for diatuzbing the vet diet. CONSISTOHY•COURT, FRIDAY, APRIL $O. LADY HERBERT t•. LORD DEANERY. This was a suit fur restitution of conjugal rights, instituted by the Hon. Octavio Spina.lli, Princess Dowager of Butari, in Sicily commonly called Lady Herbert, against Robert Henry Lord Herbert, son of the Earl of Pembroke. By the libel, it appeared that the parties contracted a clandestine marriage et Pa nn the 17th of August. 1614, and that the lady arrived in London in ti , e month of March, 1817. Of the 39 witnesses examined in this matter. tire greater number were so examined in order to speak to the identity of the parties; the marriage was proved by the priest who solemnized it, according to the rites of the Roman Catholic church of Sicily. Sir William Scott, having defined the nature of the present proceedings, pave schtence. He observed that the parties in this rause were neither of them minors; Lord Herbert being upwards of :1, end themforefore competent, in the eye of the law, to take the step he had decided upon; and the lady Oesevia Spinelli, although somewhat older than himself, was yet not of an ago which of itself implied any incongruity in the match. he ap peared that Lord Herbert. being in the year 1514 in Sicily, was introduced by Lady William Bentinek into the family of the Prince de Butari, slime palace was the great !evert of all the English nobility , who vi►ited that country, and who were always received with the utmost hospitality. Of that be pitality Lord Herbert was a constant partaker, being frequently with the fas mily once or twice a day, both at Palermo and in the country. He appeared to have sedulously endeavoured to gain the favour able o p inion of the Princess, whose husband dying in June, 1814. she shortly after, according to ..he testimony oilier sister, the Duchess di San Giosanni, clandestinely married Lord Her be a. Having commented on this part of the evidence, and on the manner in which the marriage was celebrated, the learned Judge remarked, it Was not for him to entertain any consideration as to the propriety of the match on either side, the only question sari as to the validity ache marriage. It was esta blished by law, that it a marriage was valid in the country where it took place, according to the rites and usages of that country, it was a good one here; and this was so held upon a sort of jar gentian' ; for, however naked the forms might be, huwevir meagre in substance, provided they conformed to that standard, the canonical law r.cognized them as perfectly valid. Now, the evidence as to the facts attending the celebration in the present cave, established the certainty of those forms having been complied with. and the opinions of several judges of Pa lermo. annexed bathe perm before the Conn, clearly determined the validity of this marriage, althoi.gh a clandesCue one. Aster some further allusions to the scope and intention of the law of Sicily, regarding marriages of this description, the Court strongly reprobated the idea that it should be expected to call in the asstof a ibreign criminal enactment, mcknowledged to be almost doe• mant in its operation. in aid of its civil jurisdiction —a measure to which it was incompetent, and in which no principle could be for one moment made out. And at whose suit ? Not at that of the father, the party contemplated by the enactment ; but at that of Lord Herbert himself, who had avowedly infringed it. From the whole of the evidence, the Cou•t thought the lady entitled to her prayer ; and therefore decreed Lord Herbert to receive her ea his wife with conjugal aflextion, and to certify to it, by the first day of Michaelmas term, that he had complied with its injunc. Lem. Lord Herbert is at p-cunt abroad. not having visited England since the pus: 1814. Tile suit was commenced in 1815. 111 EL A A'D. COMMON PLEAS, V.'coviesoAy, APRIL 21. SEDUCTION. BIRCH V. MEttIiDYVH. This ease, which elicited a very lively interest, came on to be tried yesterday, before Lord Norbury, and a most respectable special Jury ; Alderman %est, foreman. Mr. Burrows, in a must pathetic address, laid the plain tiff's I nse berme the Jury , and Nit. G. ally replied on behalf of the defendant. Thee was but one witness, called Sarah Birch, daughter to the pinintilf, mid the object of the ai Lion, a very pretty interesting girl, of 19 yews ofage. and apparently extremely faiscinwing in her manners and address. she underwent a long rind minute investigation. The fol. lowing is a sketch of the lend n 4 farts of the case t— _ The plain' tlf •as the praprirtoo of an hotrl in the srmoll town o:f lirmidstairs. in I..tigland, within ha;l n mile of a hit h hi s coil; hter &Slab resided, at toe home tit Ler wild, a re...pert:dole lads; she had tato bistros older than kert•elf, one of odium had hems married to a gentleman of (whine, the other to a captain of the navy. 111 the month of August, 11415, the olsft•ndant, M r. Mc red) th, a pmag truth gentlosuan. under age, ahu bad lately brow'', by the death of his father, the owner of an estate of 4 or 5,0001. n yeur t arrived lit the tolaintdrs hotel its ar baron/elm and four, acid loosinz sta.' the rlaintiff's daughter, then but 13 years old, at her MAY. father's, where she tonictaaes went of inessagcs fur her aunt, toil bring duck with her personal attraction., he WWII rirerte.i nu Illquantatoce ail!) her. After a few iiderviews, lie contrived oue evening to induce her it, take a drive in his barouche, but she flailing he was taking advantage of I er esti eine pitith and inexpoienee, alien he had driven Ice about the distance of tan miles, got alarmed, and asked him where he was taking her to. lle gave her an evasive nn aver; ; retie. ed promises of marriage he had made to her before, and continued clris ing on until they arrived, at I 1 o'clock at nik•ht, at a town about 30 miles f firondstairs, here they alighted; and after supping they retired to their respective mums. While the young lady, howeser, was in the act of lacking her dour, the defendant made his way in, and in de-",:::e 0 l rr remonstrancet, ff.'"Ti".•• l :te run f.f his unfortunate victim. After taking her to different places In I:nglaud, they went to London, and Hipped at Bates hutel, Dover-street, where they were pursued by her brother, who, however. did not succeed either in woman', his sister from bcr seducer, or obtaining satisfaction for the injury he bad done ha family. The defendant made his prof , gee dis guise herself in the dress of a housemaid, and contr.ved to avoid being taken up by the police office's, who were brought toe that purpose by her brother. Pe then came over to Ireland, and after stopping at one or two races for a short time, be took a house fur her at Itanelagh, where she was confined in July, 1616, of a boy, who %as called after his father, Joshua Paul Newels th. Hitherto. and for some time longer, the defendant treated her with kiadoess, although of a very jealous disposition; so much so, that fur sixteen months she was in that house, the was never permitted to cross the threshold. In August, 1817, he drew a kind of wilt, hi the shape of a letter. mist rably ill written and spelt, in a hich he mentioned her with great affection, and settled as h s disposable property on her and his child, whom he confided to bee guardianship. However, his affection at length shared, and his conduct towards her (flanged; and she staled that be even heat her cruelly. Ile seat a fiiend of his to tell her, at list, that he must pact with her, as he was going to get married, and had therefore taken lodgings in wail for her, her child, and a couple of sec tants. and would settle an annuity of 2001. n year upon her, and give her a sum of money in hand. His promise, however. hedid not think 6t to perform, and she removed to her new abode with no more than r. in her pocket. Here she re mained fur several manias, w ithnut his even coming near her or giving her any money for her support; except on oue occasion that she vent to him at an hotel,. in Capri-street, when he gave her a pound note; ■od on another, after as integral of some weeks, w hen he gave her 21. She was cos seqoends compelled to pawn her csatch, teals, pelisse, and several other a. tides, even to her child's froi ks, to enable her to promise the means of subsistence. The witness, in stating this, pulled the duplicates nut of her purse, at which the leagued n. mantel a ha was examissiug I.er ( Mr. Gould) was so much affected as to be unable to refrain fr o m shedding tears. As for the wretched girl herself, the as direient pe riods of her examination wept billet ly ; and indeed every body iu court appeared deeply to deplore the fatal indis cretion that had reduced the lovely young Creature to such premature misery. la charging the jury, the nobl: Judge, after deprecating the conduct of " the spoiler who I oald first rub the ruse of all its an erts,und then fling it, Ike a loathsome we. it, away," asked, whit must he the feelings of the parents at losing such a child, whose education, it was plan from lieu t alent, was far limn having been neglected, even at the lender age at which she had fallen. His Lordship Voss so overpowered by his feelings, that hr was obligi d to stop and weep far several n mutes before he could proceed. He con cluded by cautioning the jury against suffering themselves to be led assay by their feeiings as ha had Iv , en by his t at the alias' time to mark their seise of the dries dimes conduct, by uwardine such damages as would show, that crimes of this nature were not to pass unpunished. Verdict-2,0004 dutusig,m. There is as great a Frospect of au abundant crop of apples this year as there was the last in the cider minutes. The sprint is throimhout the kingdom extremely for ward, and the lice of the country has a vernal and most cheering appearance. OLD BAILEY SESSIONS. MONDAY. AriuL.ll6. Thomas Jeffcott was arraigned on a similar charge to that of n hick he wee acquitted on Satnr•lay, vis.charging M him with has g, en the 14th of September last. stolen out of a leiter, w hid' had come into his porser.ion by vino, of his Fitaalion at the Genets, Yuri-OtEce, a lot. Rank of England note, that had on th3t day been rend by Mr.. 1 1 .2 1, sy. rending in Le iceoer-square, to a gentleman living at Little Stoneham. Siittollh. . . - Mr. William Tassy was the first witness called, and be slated, that on the bib Sept last he sent a 10t. Bank note to the Rev. Janice Riche's! Vernon, at Mr. Goni Little Stoneham, Suffolk. This Cute was enclosed in a letter, and lied been obtained from Mr. Wriglit's banking house, in Henrietta-street. 'fists addles+ was written upon t, thus—" Hemiestm.street, W.T." The aminher of the note was 3,548. (The Basil-note was then banded in by the witness.) The letter, In ino sealed and slit ected, sync sent to the Pust•oflire by his set vent, liens y Lang. lientv Lang, sr' vant to the last whin ss, ItlOVed that he took a letter uss the lOili of September for Isis wester to Ilse rceiving• hosts,. in l'since'..stseet, Ltirester.sqnate. Mr. Tessy recalled, stated that Iwo or three days after the letter was sent he received intelligence that the lette► had %ever as s ived. _ _ . he emu Wl' the proseentlon brine eloped, the prisoner save in a written defence, which was the same u that whirl, he delivered on Saturday. 'I he whole of the plate taken from the prisoner's lodg. togs us. product d, and counted over piece by piece, b 7 Adkins, the officer. The prisoner's landlady was called, who proved that he was a very regular young man. He was always very rueful of his plate, 111141 generally cleaned it himself. A stivervmith, who bad known the prisoner fur IS or 15 year., upon lulling over the plate , said, that the ni w prti e would not amount to more than OW. and the 0:11 price would rtduee it to 60L 14^