The National Register. — London, England, 1819-05-02 00:00:00

142 L.IIV INTELLIGENCE. GUILIMALL, WKSTNIINGTER. mowituoirsz AND w* Iy L. I.:E COMMUSIONICIIS or WIZ X FAY STRELT. -.....—.. Ao -inquiry sank place eri before the Deputy-Bailiff of Westminster t Mr.•Smedley), and a Special Jury, as to the of the phentiff,. in this case. to •entopeintiti,m for their interest in the freehold pren•ises, situate at No. 77, Swnllow stre et. which are to be removed in consequmee of the progressive improvernenu In that neighbourhood. Mr. Cummins, Mr. Adolphus. and Mr. Platt, eppeared sn the part of tt.e claimants; and the Attorney-General, Ma. Noarisca, mu Mr. Grainy, supported the interests of the Com missioners. On the part of the claimants. it was proved by Mr. Robins, the auctioneer, of Warwick -street, that the value of the premises in question, allowing fur every fair deduction, was 3494)/. The Itidgnient of Mr. Rotting **at supported by the testimony of Mr. Ilundad. an architect, and Mr. l'hormis. a builder. The Jitturney•General, in his address to the Jury. expressed his surprise at Me manner in IV!liCl/ these CMS were got up; and remarked, thrt the parties asking compensation w•ually went about seeking those persons to put a value upon their property, who were meat likely to estimate it at the highest price. The business was in fact car-!NI e* after the manner of a sale by auc tion, and lie who was the highest bidder Wes the person most hkely se hi eho.eniks fit to appear As a witness before a Jury. Thus, i 1 the . present CAS: , three indiarlesis were selected to up hold the platiitifi"s chin', while it fourth, .1 the name of Wd buns, who had been appointed by one of the two plointiffi (he tr.eant Mr. Ward) upon whine estimate a claim had actually been made upon the Comminioners, and which was far below that of Mr. Robins. was stud, - only avoided. He should put in Mr. WiliOams's estimate. which. although of itself somewhat extravagant. was much nearer the real value of the premises in dispute than the others of whic't they had heard, and to these he would add the testimony of other rzpectsble men, from which • the Jury would be able to come to a fair conclusion. • Mr. Willock. Me turveyor, was then examined for the Crown. His valuation of the premises •was arias/. —ti t hie ew a s.esamin► tier. by Mr. Platt he said, lie consideted Mr. Rubins tu be as e a man as any hi London. re Tg. ta teper considered the premises to be worth 33631. Mr. William% estimate was lastly put in, which atnounted to 5741 L This was the cause for she Crown. •Mr. Adolphus now adeiessed the Jury in reply. He said that Le thought he had much more reason to he surprisedist language of the Attorney-General, than the A ttorney -Genet% had at the Manner in which this case had been got up.—Persom hod been calLden the part of the claimants, to whose respectability and honour the witnesses for the crown load borne the roost flat. • terieg testimony ; and upon the judgrnmt of those person" did the . gilamtifretest their claims. There was no proof whatever of im proper selections being ride, and he was sure the Jury would siva with Jinn in thinlen:g, even if the plaintiffs were disposed to tale *step which was not consistent with fair daliog ; that Mr. Robins would not, to answer any private end, bony Ms character as a man, or warp his judgment, to suit the purpose Of hand. These insinuations were neither fair nor well feunded. But laying aside all allusions to this topic, how did the matter really st a nd ? what was the essential difference between the intimates 4::.r the crown and for the claimants? The first penis! called for the Crown gave his valuation at 3054 L The next bidding. at one jump wen; up to 33631.; aad then came Mr. Williams, who, he was entithaita call a witness on the same side, and whose esti mate reached 5.558/. lle had no hesitation in believing, that if a fourth had been called, he would have gone still further, and :rime at once to the estimate of• Mr. Robins ; and, indeed s , when it watemoilected that the persons who had been cullsd were the consult: s•nveyers for the crown, and consequently not' likely to bvar too hard upon iitt . :r employers, he had no doubt that the Jury would, in a murnent o ceme to the conclusion that the sum claimed by the defendants was fair and moderate, and such as ought not onamentiously to be disputed. [dr. Cummins made on ilmmams speech on the same side; and Mi. Smedley having summed up the evidence, the Jury found, by their verdict, the value of the premises to he THREE .THOUSAND EIGHT HUNDRED POUNDS. COURT OF Tf ING's BEN/11. Anitti. 2a. This being that first day of Easter Tenn, the Judges took their r,.•ats with the usual formality. Tha stac of the citviets onboanl the hulks was reported. L11REL5.....-TIIIE LINO V. RTCI4AIIII CA111.117.. The attendant on the• /notion of Mr. 1 Attleaale, appeared to plead to six prosecutions ed -against ltd.] for distir. alleged libls. Four criminarr 7 ftiations wer&tiled against h..a last Term fur blasphemous impious libels, of and concerning the Holy Scsiptures, published under the title of htin's .‘ Age of I . .cason.'—To duns a., defendant took time to plt.tal, and on this occasi.in he pleaded Not Guilty. Lie was then informed his trial would oomean at the Sittings at Nisi Prius. ofterTnnity Term. lie was Illso called pi plead to an indictment, .tharging him with •Istblislii-t,^„ on the lath of Detcinher, in the City of London, a seditious libel, calculated to provoke And incite insurrection or j .„ : b e ilion against the King. Lords, and f:ontiotans The title of the public...time way " Killing co Murder," To this.animoother pc.o ....orlon for publishing the defendant retmeeted t.n? to consider his plea. which was allowed. He then left the FRIDAY. APRIL RI l'/IT alma D. xitirrn, RINNEMI, AND OTHEP.S. Searletrapplied to the Court to rrant • new trial in this, cm.. It will be recollected tk it was an indictment iv4ainst the diliervlants for a conspiraey, in having set u!, certain ofthern. who ,littrally beggars, fur opulent merchants, in order that, by f.ic means, they might fraudulently obtain large quantitiati of gc-;xl , . - The case was tried before the Lord Chiet Justice. -a. Guilsiboll, on the ,Ist tilt. and was very fully reported in our Paper last week. A ver,ict of guilty wu returned against Kin sir at, Woelf.and levy. The I 'earned Counsel said, the first ground on wisielrlsa matte the application was, tha. the Jury, after gyring sworn to trythe defendar ts. Mot left the box at eleven o'clock at tight, and Canto agaiwto continue thin proceeding tlvi next morn ing. Whilst they were awe they naturally fat the effect ofpre jtalce which prevailed against the priioners,..nntl they did not came hack to try them welt that uribiused mind whi.h justice :re t ired. The ].earned Counsel cited various cases in support of aw tfi lieation, and contended that the Court ought to grant tl.e nineor.. TL, Ccrurr.or. fierimint and Mr- Denman followt4 on the same 41e..., centtz.,:ing that it Ras at,: a 1eg.,1 verdict, atm the Jury had .di-perse . ;,. •• frliQ Chief luttice said, if there had been the least doubt on ;:tl.O leiii:ity of 42 ceret.cr, as given,by the Jury. the Court would rot hate hesitated to crant the,m-,ttein ; tut his clinirtn was, that *ere was not the lemt yrettnce for di:.turhing the verdict. With 1, reaped to the Jury retiring fro n the cot belt re r the conclusion of e.... trial, it was a practice le n_^ vta,' htd. and in this ibstanee c<. a•.'. net le hm..r4chf e. T i * e feu, !tao, tat 60T11 Dille in the int asLig to elt . :tit at t. 4314 on ectbrts ery of the trial, and in THE NATIONAL REGISTER. case the Jury, exhausted as they were, had not retired, it would have been disadvantageous to the prisoners, as they could not have had the benefit of proper attention from the Jury. There WAR no ground for a new trial. The Judges agreed with the Chief Justice, and the motion was refused. Mr. Gurney then moved, that three of the defendants, who ap peared in Court, namely, Woolf, Kinnear, and Louis Levy stand committed. 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. The Ccert ordered them to stand committed to the Gaol of Newgate. AIITICLES OF THE ?FACIE. The Earl of Darnley, at the sitting of the Court, exhibited ar ticles of the peace against • gentleman named Bligh. The arti cles stated, that Mr. Bligh had been some time ago bound over not to molest him, but since the term bad expired, he had an noyed the Noble Earl in eh.: most outrageous manner. by follow log him in public, staring him in the face, and using gestures to provoke him to fight a duel, lie had followed him from LOT ,ion to Paris, from Paris to Italy. and from ILL to Englund. At the Opera he always insulted hint 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 obliged to apply to the Court fur protection. The Court ordered the articles to be filed, and ordered the de fendant to enter into sureties to keep the peace for five years— himself in 6000!. and two others in 30001. each. CONSISTORY-COURT, Farmer, Aram 30. LADY UERREST v. LOID HERBERT. This was • snit fur restitution of conjugal rights, instituted the Ho,. Octavio. Spinnelli. Princess Dowager of Buten, in Siedgecommonly callel "Lady Herbert, against Robert Henry Lo Herbert, OM of the Earl of Pembroke. By the libel. it ripprtied that toe 'zanies contracted a clandestine marriage at Pa lain°. on the 17th of August. 1814, and that the lady arrived in London in the month of March, 1817. Of the 39 witnesses examined in this matter, toe ;;rester 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 ail Sicily. Sir William Scott, having defined the nature of the present peoceedings, save sektence. He observed that the parties in this cause were neither of them minors; Lord Herbert being upwards of 21, end thereforetbre competent, in the eye of the law, to take the step he had derided upon; and the lady Oetavia Spinelli, although roniervhat older than himself, was yet not of an age which of itself implied any incongruity in the match. It ap peared that Lord Herbert, being in the you lose in Sicily, was introduced by Lady Wilbur' Dentinck into the family of the Prince de Dutiei, whose palace was the great resort of all the English nobility who visited that country, and who were always received with the utmost hospitality. Of that bmpitality Lord Herbert was a constant partaker, being frequently with the fa mily once or twice a day, both at Palermo and in the country. He appeared to have sedulously endeavoured to gain the favour -1 ebie opinion of the Princess, whose husband dying in June. 1014, ' she shortly after, according to the testimony of her ciao, the Duclier.s di San Giovanni, clandestinely martial Lord Her ' best. Having commented on this part of the evidence, and on the manner in which the marriage was celebrated, the learned Judge remarked, it WAG nut kir him to entertain any consideration aa to, the propriety of the match-en either side, the only question was as to the validity of the marriage. It was esta blished by law, that if a was valid in the country where it took place, according to the rites and usages of that country. it was a mood one here; and this was so held upon a sort of jar gerzflatis ; for, however naked the forms .might he, however meagre in substance, provided they coeformed so th.o standard, the uoionieal law recognised thesn as perfectly valid. Now, the evidence as to the facts attending the celebration in the present case. established the artairty of those forms having been complied with, and the opinions of several judges of Pa lermo, annexed to the papers before the Court, clearly determined the validity of this marriage. although a clandestine one. After some further allusion 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 all in the aidof a foreign criminal enactment, acknowledged to be almost dor • meat iti its operation, in aid of is 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 ; tut at that of Lord Herbert himself, who bad avowedly intringeel it. From the whole of the evidence, the Cea , t thought the lady entithai her prayer • and therefore decreed Lord Herbert to receive her us his wife rich conjugal affection, and to certify to it, by the first day of Michaelmas term, that he had complied with its lojanc- Lord Herbert is at preacnt abroad, not hating visited England since the year 1814. The suit WAS commenced in 1815. EL.I COMMON PLEAS, V.' ED‘r.SU Y, A FRIL 21. DUCTiON. BIRCH V. MENED VIII. Ti.is ease, which eticiirtl a reiy Reel, intere,t, came en In be tried ye...mu - day. beloic Lord hurbury, and R whit respectable special Jur. ; Alderman West, feiettiait. . - - Mr. Burrows, -in a must pathetic addresi, lard the plain titre ra-e before the 'turn, ■ud Mr. 6-rids replied on behalf of the defendant. Thcre WWI but one witness, culled Sarah Birch, daughter to the pinintitf. and the &rivet of the at tiros, a very pretty iutrieutiug English girl, of 19 years of age, and appa:rntly extremel:, fascinating in ber.manners and address. She underwent a lung and Minute ilivectigation. The fol low ing in a sketch at the leud.n4 farts of the cane : The plaintiff wits the proprietor of an hotel in the small town of Broadstairs, in England, within half a mile of which bisdattAhter Small resided, at the 11011.0 s sit her aunt, a respectable lads; tate haa two sinters old-r than herself, one of whom bad been married to a gentleman of fortune, the other to u captain r.f the envy. 111 the month of August, ISIS, thes defendant, Mr: Alreedyth, a young Lola gentleman, under age, .who had lately bvcuaue, by the dent!, of his father, the owner of au estrite ofd or 5,0004 a year, arrived at the plaintirs hotel in a baron ite and four, and having seen the plaintifl'a drutAiter, then hut. 15 years old, of her father a, w lucre she sometimes went of messages for her aunt, and being struck with her personal attractions, he sons erected an at qmintance with her. After a few interviews, he contrived um eirroiog to induce her to take a drive in his barourbe, but she fading he '14419 taking advantage of her extreme south and iutriperience, when he had driven her a►out the nisi:ince of two miles, got alarmed, nod asked him where be etas !Alop her tr.. F e gave her an evasire an swer; nista ed promises of marr.age he bad aide to her MAY I. before, and continued driving on until they arrived, at o'clock at MAI, at is town about 30 miles from tiroadstai•s. where they alighted ; and after supping they retired to their respective rooms. While the young lady, however, was IA the act of locking her door, the defendant made bit way iii„ and in-despite of her remoustrancrs, completed the rum his Unfortunate victim. Afteetakisig her to diferent place. in Faigtaaid, they went to London, and stopped at Rate*. hotel, Dover-street, where they wire puistied by her brother, ho, however, did not .ucceed cilia.' in rescuing his sister from it. r seducer, or isb:aiiiing satisfaction fur the injury he had dome his family. The jetendnnt made his protegee • tbs. guire herself in the dress of n housemaid, and contrived to avoid being taken tip by the police officera v tir bo were brought for that purpose by her brother. He then came over to Ireland, and after stopping at one or two pares for a short time, he took a house for he , rat Rwwelagh, *lsere she was confined in July, ISt 6, of a bey, wk. sr« called after his father, Joshua Paul Nlerellyth Hitherto, and for some time longer, the defendant treated her With kindness, although of is very Jealous disposition so such so, that for sixteen asontlasbe was in that house, she was never permitted to cro4 the threshold. In August, 1811, he drew a itiodof will, in the shape of a letter, miserably ill scrim ii and spelt, in which hr mentioned her with great affection, and settled all his dispos.ble property on her aid hie child, whom he coufided to her gnardimaship. however, hie affection at length abated, and his ci.orluct towards her changed; and she Mated that he even beat her cruelly. li e sent 11 friend of his to tell her, at last, that he must part w it b her, ice lie was goinito get marred, and had therefore taken lodgings in town for her, her child, and tt couple of , ervani., and would settle an annuity of 2001. a year upon her, sad give her a rum id money in hand. Ills promise, however, he did net think fit he perform, and she removed to her heis abode with nu more than Sr. in tier pocket. Here she 11'- 1114 mill for several months, without his even coming near her .rer.gising her any money fur her support; mein 1111 one occasion that she went to him at an hotel. ,iii•Capel-street, When he gave her a pound note ; a nd on another, after no interval of some week., when he gave her Vt. She vs as cuii • s...quently compelled to pawn her watch, seals, pelisse, ni•d several other reticles, even to her child's fru( ks, to enaale her to procure the means of subsistence. The w micas, in stating this, pulled the duplicates out of her purse, at o hich the learned lounsel who was examining her (Ntr. 60old) was so much alerted as to he unable to refrain from shedding tears. As far the wretched girl herself, she at different pe riods of her examination aria hittetly ; and 'salted every body in court appeared deeply to deplore the fatal Mills cretion that had •reduced the lovely young creature it, suca premature misery. In charging ihejury, the noble Judge. after deprecating the conduct of " the spoiler who retold first rob the rose 4,f all its au eets,and then fling it, Eke a loathsome ye. d, aw ," asked, what must he the feelings of the painuits at losiog each a Child, a !wee education, it was plain from her deport_ mete, was' far fogs having been neglected, even at the tender age at which she had fallen. His laird-hip was In overpowered by his feelings, that he was o b lige dto •hip sand weep for several minutes before he could proceed. lie con •cluded by militating the jury against warring theruselve , ai• he led away by their feelings as to Lad been 59 his ; at the same time to mark their stoat of the defe.dant's conduct, by awarding such damages as would show, that crimes of this nature were not to pass unpunished; Verdict-2,0001. damages. OLD BAILEY SESSIONS. MONDAY, APRIL ifi. CHARLES RENNET - T.—This morning, on the Judges en terint: the Court, this prisoner was pot to the Her, wilco an affidavit was presented by him to their Lordships, im ploring their acquiescence i r allowing his *tie' to stand over until the nest Sessirse, as, in consequence of his very 'emit committal on Saturday atterncon, tie NOIII4I not he able to meet the charge agaimd him these Sessions ' 'Attica their Lordships agreed to. It was then intimated to hint that his trial would commence the first day next Session-. His manor's seemed perfectly childiati. he was dressed in a genteel snit of black, and grey pantaloons. Joseph Branch, one of the prisoners who had on Fri day last pleaded Not Guilty of having hail In his tomosessoii finger! Itiaik of England notes, knowing them to be tinged, was then arraigned, and his plea having been se corded, he now, in conseopieace of the Bank of England having permitted hits to retract hi, plea, pleaded Guilty, which subjects him to It years' transportation. l'hoinas Jeffentt was then arraigned on a similar charge to that of which lie was acquitted osSaturday, vis.charglug bile with having, on the I lih of September last, stolen out of a letter, whizh had conic into his possession by 'little et his situation at the General PostiOrtice, a 101. Bark of England note, that had on that day been vent by Mr.'f ar ty, residing iu Leicester-square, to a geutleman living et Little Stoneham. Suffolk. Mr. William Tassy was the first witness called, and he stated, that on W.! 10th Sept. last he sent a let. Itauk•nute to the Rev. James Richatd Vernon, at Mr. Goodwin's, Little Stoneham, Suffolk. 'Chi, note was enclosed in a letter, and bad been obtained from Mr. Wright's banking house, in Henrietta-street. This address was written *spoil t, thus—" Wright's, Henrietta-street, WA'." The 11111e:Jet of the note was 3,546. (The Rank-note was then handed in by the witness.) The letter, being sealed and directed', was sent to the Post-office by his servant, henry Leen. Henry Lang, t to the last Wit Orli, proved that i.e took a letter nu the Rills of September for his master to the receiving-house in Ps ince's.street, Leicester-squaw. Mr. Tassy re-called, stated that two or three days after the letter was sent he received intelligence that the letter bail never arrived. The case for the prosecution being closed, the prisooPt gave in a written defence, which was the same as that which ise delivered on Saturday. The whole of the plate taken from the pristine/hi lode logs was tirodnerd, and coasted over piece by piece, 1.. Adkins, the officer. The prisoner's landlady was celled. who proved that he was a.oety regular young mu. He was always very careful of his plate, and generally !hawed it himself. A silversmith, who had known the rigour fee 14 ee l i years, ',onlooking ever the plate, said, that the stew pere would ssetanseunt to more thaw Soi, sod doe old price would reduce it to 601.