The National Register. — London, England, 1819-03-22 00:00:00

COURT OF REQUESTS, CATTLE.-SYRRIT, LEWES TRR-SQUARB. TUURSDAY. MARCH 18. WESTMINSTER ELECTION . WURIBLIR •. BOYD. _ Tlw plaintiff stated, that he was hired, with many others, by the defendant Bond. a Bow-street officorom llonday morning, March I, at a public-house, in Adam street, Adelphi, at se. a day ; that they were directed by Bond, to station themselves at the (mot of the hustings and to sing out " Limb for ever," and to hoot and hiss Mr. Hobluntse and his friends, and if alma le kif again. That he was so employad on Monday and Tuesday, but had not been paid. To prove his case he called John Moore; but the •Court finding that this witness kid also sun , iimed • Bond muter the same circinsistaitcm, were advised by their clerk not to admit hint as au evidence, and the summons was dismissed. MILLWOOD •. BOND. The plaintiff stated, that he was engaged he the officer, on Sat u rday morning the 27th of Feb. be tween I I and 12 o'clock, ;o hire 25 men against Mon day-am 000 itt g, for the three remaining days of the eke lion, at ss. a day each, and himself to be captain of that gang, at 7s. a day, and that the Saturday was to be included as a day for himself, that accordingly, on the Saturday and Sunday. he did collect the men as he was directed, and asaentliled them at the hustings; that the orders given to Bond to him, were to parade the men about iii a gang between the hustings and the market, throughout the day, but to station them in the front to wards the close of the poll, and to call out " Lamb for ever," and to make as inneh noise and confusion as pus to prevent Mr. Hob:nose from being heard. Question he the Coott.—have yon been paid any part of the mom:). I was paid Ws. on account, by Bond, who promised to pay me the remainder on the Monday following the election ; but he did not. By the Court.—Then you have had no more? Yes; Captain Prescott sent 'in me by one of the men of my sang, to the Brown Brat, its Bow -street, on Monday last, •to receive ss. ' which he said he would nut trust Bond •with, as he had had 271. on the Ttitsday to pay the men with, for whi:li lie had Bond's receipt, and Bowl had had 21. more for himself besides. Capt. Prescott then paid nye and told me to make Boud pay use the rest, and to tell that to the Conn. . . The defendant. Bond, admitted the trantaetion, but •slid he had kept the plaintiff well. The Court ordered •the defendant. Bond, to pay the balance, Lis. and watt, kwithia a month. MOORS V. BOND. The plaintiff stated, that he was hired by Bond on Sunday the gsth of February, in theafternoon, at Perry's wine-vaults, in the Adelphi, with many other persons, at bs. per day, to assemble at the same house next morn ing, which they did, and Bond directed them to go to Corentitartleti, and place themselves in the front of the hustings for the day, and sing out, " lamb for ever," anti to his anti hoot when any hotly cried nut lift Huh house, and if any body gave hint a 1/1111C11 on the head. they were mint them again ; and whets Mr. Hobhoine spoke, to hi.s and hoot m prevent his being heard ; that after the close of the poll they were to return, and he would pay them. Bond did loot come till between 7 and 8 in the morning, and Maid he had been at a great many coffee-houses to look fur the cc 00000 nittee-mat., who was to provide the money, but could not anti him unless he went to his house, which be did not like to do, as it would not look well. elltSiioll by the Court to Boutl.—Who wao that per son? _ _ - • - Mr. Hodgson, the Clerk, interposed, and said, that was note question for Mr. Bond to answer, as it would tome before the House of 'Commons ; and sitting as he did, he (the Clerk) was bound to protect Bond. Bond told the Court that the Committee-man of Mr. I.aettb who promised to pay was out of town, and he could not get the money. Plaint;flcominued—Bond offered them on the Mon day night a ahilling a-piece in part, and rromised the ►emainder on the Tuesday morning. " We did tuu take it, but said we would take thetwo days together. He sa•el heslioald b,ta the y ready, and we might have it be. fore we went in the morning, or if we liked, take both days together at night. Bolid ordered us to be at the sante public house in the looming, and go to the Inv , flogs as before; but he did not conic to pay us as he promised. Going up so the hustings we met him, he said 'go in the Itieihtso, and I will pay you to night.' After the pull we went to Peru's, and waited there till Cm o'clock at night, but lie never came. and 1 then sum :waited h i to." . . . . . Bond admitted that he knew the plaintiff, and that if he had gone to the Brown near out Nlcanday laNt, he would ha% e !wen paid by a gentleman of the C 1111 l unite% who 4114.1141ra there for that intrpwe. By the Court to the !Vld tel you to ito 19 the Broom 8e...r to be ii.tidt—No, lie did not, for 1 had not seen biot. 1).(1 you kilow ilia , you should have gone there to be paid ?.--1 did not. Omit ordered Ruud to pay the amount of 10a. and costs in a minnli. In %%t irkjfond nureed. On Friday inarnin; Mr. Ritchie, Master of the Cjie, Liverpool trader, was carried into Glaagow a eJry,..:, in the London mail coach. Ile WWI Hpra zen.ly in good health until the thee when +he coach %via starting thou IL:al:ton, when he pare a loud Lcr3arn, and fell one of tic ps-isergers in it cuti wnised state, timi it is their epithet' that life uas in. "tautly extinct. 'VSM=NATIONAL NIGISTER. ASSIZE I.VTELLIGEACE. KENT—LENT ASSIZES. Nods/one, Mach 17. CIVIL SIDE. CRAMP AND ANOTHER t•. 11.1YLJEY, CLERK. This was a case of rather a biumulrr 'mime. It was an action of mow by the plaintiffs, as churchwardens of the parish of St. John the Baptist, Margate, against the defendant, as rector of that parish, to recover the value of certain black cloth which had been put up in the parish church in respect to the memory of the late Princess Charlotte of Wales, but which the defendant had converted into his own use by having it made up intocoats,w.tistcoatt, and other arueltv of apparel. .c.t,e was enndtte:e(l by Mr. Gurney and Mr. Chitty, and the defendant's by Alr.Cornyn and Mr. Holland. It a,.peared that the plaintiffs, as churchwardens of the parish in question, wishing to pay proper respect to the memory of the lase Princes. Charlotte,, had pur chased a quantity of black superfine cloth and cash mere of a woollen-draper at Margate, for the purpose of covering the pulpit, the reading desk, and the commu nion taule of the church, during the time allotted for public mourning upon that melancholy event. The cloth cost 37i. Os. gip. and was nailed to the places above mesni tttt ed, where it remained for six weeks. At the end of that time the plaintiffs sent fur the woollen draper to take dowu the cloth again, and give then. the amount of it.; then valise to be placed to the account of the parish. The delemlant, howet er, having been ap prmal of the intention of the plaintiffs, took steps to appropriate a portion of the cloth to his own tie, the remainder of which was dit Pled hetweeu the clerk and the sexton. The defendant afterwards employed the same woollen-draper of whom the cloth had been origi nally purchased, to make I a coat, and other articles of clothing, from the cluth so taken and contested. Some seemed to have arisen in the parish in con sequence of this act of the defendant, who was charged by report with having stolen the cloth. He was after wards applied to for the purpose of accounting to the parish for the amount of the cloth taken, but having declined all communication with the plaintiffs, in eon- SLIVICIICe of the coarse imputation cost upon him, the present action was brought. The defence set op was, that it was the general cus tom of all the parishes in the kingdom to allow the rector to take a portion of the black cloth put up in churches on the occasions of public and private umuni ing, and that in all t vents such was the CU6Will of the particular parish in question. B.tyley objected to the evidence of general custom, but allowed evidence to be given of the custom of the particular parish. Witnesses were then examined upon this latter head, bin their evidence went to b hew dim in two instances where private individuals had pot tip black cloth in the church, out of respect to departed friends, the rector, the parish clerk, and the sexton had beet. allowed re spectively to take a portion of the cloth so put up. The general impression of the witnesses was, that such was tile genera I usage. Mr. Justice Bayley, in his address to the Jury, laid it down as the ride of law, that no peraion had a right to hang up what are called ornaments in the church, with out the leave of the rector, because the freehold of the church was in him, and he might make his own terms for that leave. In general, where private individuals hung black cloth in the parish church, with the con currence of the rector, there was a kind of nuderstand ing between them that the cloth became the property of the rector. In the present case, huwever, there bad been no bargain between the plaintiffs and she defen dant. with respect to the terms upon which the cloth was to be hung in the chute!), and consequently the latter lanl no right to take any portion of the cloth, be- CjUSC by law be was not entitled to take such a property, unless by matter of arrangement or agreement between the parties to whom it belonged. Under these cir stances the plaintiffs were entitled to a verdict for the value of the cloth which the defendant had converted to his own use. The Jury found for the plrintiff—Damages 1 51. CROWN SIDE. Joseph Knipe, Thomas Smart, John Ward, and Benjamin Birintughant, were indicted for burglarionsly breaking and entering the dwelling•house of John Spriintate, in the night time, between the 27th and 28th of October, in the parish of !anion, and st :aling therein 2't pieces of Irish linen, a lams.• quantity of tea and to bacco, worth iii the whole about 1601. The prosecution was eondutied by Mr. Pcrens and Mr. I). Pollock, and Mr. Andrews appeared fur the prisoner Smart. The facts of the case apveared to he these :—The pos. ;tremor was a country dealer, anti kept a shop at Lottoo, anti out the it gut of the 27th of October he and his fa mily went to lied, after haring taken Cafe to fasten ali the doors and windows of the banse. In the inurnito,t our of bi• shopmen got up at the wital hour, n h e n h e discos tied that 1 hole hall tern eiside in the roof of the lame entity,' to admit the hotly of a man, and that the property abort. lie alcip oibcovered tioxt Cie tvarelomme 4lorbr Ile alarm WAS 1111111/0:tillely glVt . ll, Jtlll 111 the course oi the ildv circumstances uere pliNco‘etetl, which lett to a suspicion ill ii tii.. prisoners.hair accomplice Stlial . nicra %erre the this ass t .In 3 in i'.e t apprvit,nded al 5.1.,041. rite .ICCOIIII/11er S .... 11014 al terWardb turutJ trit,s6's o idence, and lions Ins statement MARCH' ft. it appeared, that on the 28th of October he met the pri scoters at the Red Lion and Star public-house at &rood, when it was proposed by Knipe that they should that evening rter the warehouse of the prosicutor, and the witness was invited to meet them at a place called Sher. nold Pond, in the road leading front Nlaidsume ►o Lin ton. where the prosecutor resided, but he refused to go. s eying that hi would have nothing to do with the busi ness. The following day they persuaded hi to to assist in the idati that night. The evening before they set out upon the expedition they met at his house at Strand. On that occasion Smart asked him if he had any firearms, and he replied that he had a pistol, but that was not his own. Surirt said, that that was tio matter; opon which the pistol WAS ',minced. A woman, named Lydia Turner, who lived with Summers, said, "For God's sake, what are you going in do with that?' The pri soner Ward answered, "To shoot a man sooner than a man should shoot me." About eight o'clock the parties severally went out on their road towards Maidstone, Sunnier. taking with him a horse and cart, and they all joined on the mad before they got to the first pike, gate. %Viten they arrived near Kitt's Cony House, the prisoner Smart took a pistol out of the hedge. They then proceeded towards the prosecutor's house, and at about nine rods from his residence they took the horse from the cart, leaving one of the prisoners to mind hint. while he grazed. The others proceeded to put on each others clothes, and has in, bided the pistols with powder and shot they proceeded to the back of the prosecutor's premises, Ise - 11614 which was Linton ch u rch-y a w, and having jumped over the church-yard wail, they got into a small garden next to the prosecutor's warehouse, the ouslof winch was only about three feet front theground. The prisoner Smart then took some tiles from off the roof, and having cut away the laths got into the ware house, and was followed by Sommers and the rest of his companions. They remained in the presiti,es about an hour, during which time they carried off 2 pieces of Irish linen, three chests of tea, and a laree quantity of shag tobacco. They afterwards concealed their plunder in a hedee.row on the farm of a Jr.N Matson, on ths road leading from Maidsome to Rochester. Suspicion afterwards fell upon the prisoners in consequence of one of them having sold some of the tea, and in the course of the day the report of the robbery having spread to the neighbourhood of Strand, the prisoners were all appre hended. The evidence of Summers, the accomplice, was cor. roborated by the testimony of several witiieses, who spoke to many particulars which he mentioned in the course of his evidence. _ The case went to the Jury under the learned Judge's direction. and they round all the prisoners Uuilty— Death. YORK. TUZSDAT MARCH 9. Thomas Robinson was charged with stealing, on the 30th of January last, at Wetherby, the mail-bags, con taining the letters for Knareshorough, Harrogate, and Ripley; such bags being in the possession of a person t niployed by the Post.ofFsec for the conveyance of die mad from kl'etherby to those places. The trial occupied the Court from nine o'clock in the mor..ing until about two in the afternoon ; but all that is material or interesting in the case mat he compressed into a narrow compa3s. At the time this robbery was com,uitted, the Mail from Wetheiby, containi.ig the letters fir the above-named places, was conveyed by a person of the name of Ben) Dobson. These bags contained both the London and country letters. On Saturday. the 30th of January, about half-past five o'clock in the morning, Dobson received front Mr. Hunsley, the Post-master of NVetherby, four bags con taining the letters, which he put into the portmanteau used for that purpose, and fastened it open his horse, which was moiling at the stable door, about thirty yards from Mr. Hunsley's house; being lame in his arm, he kft the horse to get Mr. Hunsley s servaot to assist him to put on his great coat. Ott his return, although he had not been absent more than two or three minutes, lie found that the straps had been cut, anti the portniameau. containing the mail, taken away. An alarm was in stantly given, and search alter the robber commenced. In the course of the same day, the bags, with the whole of the letters and newspapers. were found in a wood about two miles and a half from ‘Vetherhy, called Noble Wood. The letters had been opened. and the clowns taken am. The person who Mond them took them the same es-cuing to the Post-office, where they were sealed with the office seal, and forwarded to their resivective destinations. About three hours after the rob bery had been committed, the prisoner was seen coining out of Noble Wood. and eolig in a direct on towards IVagbill, where he was seen at a public-house, in com pany with a person of the name of Rhodes, who again saw bun at a public-house at A..t. ham Bryan, near this city. The prisoner. upon this occasion, exhibited to Rhodes a 20n1. Bank post-bill, and the half of 501. Batik-note, which he said were the fruits of a Chancery snit, its which he had been successful. lie was then traced to slits city, and I in a ',oldie-lonise, front whence he escaped, and endeavoured to coon al himself in a hay-eha.liber, in all adjoinin.: yard, but etas Mime diatel) discovered ; in the same place was 1. mud a pocket book, contaillimt a 2001. Bank post-lidl, four 5/. n otes. the half ilia 50/ B itik-nute, and a weal variety of other hulls and notes, to the a f sf/0/. Tire Ritik post ! oil' had liven transmitted from the house of Ni Smith, Eitalish, and Co. of I:1111mi, or Nit. Henry Iz:slier, of lin trestoirough; and tile Inn c mil try notes had h. eti sent fmni N.orilvillerion to the house of %Val. too, Oats, and Co. of Kuare=bormigh. These were primed to have been put into their rrspectite laces at London awl Northallerion ; and tne letters putportieg