The National Register. — London, England, 1820-03-13 00:00:00

glisste 2atelltgcnce. HOME CIRCUIT.—.ESSEX LENT ASSIZES. THURSDAY, NARt'll 9. CIVIL SIDE —Before Special Jury. - J %NILS RNEWSTIR, leStj• SLWELL AND SMOOTHY. Till* was all action for a 1i;/el. The declaration stated, that before the grievances committed ti the defendants therein-after mentioned, the !Amnia hAd been insured in the Essex and Suffolk Fire Insiirasice Society, for his house and premiws, and mat a fire having happened thereon, he hail received a compensation for the same, front the said Soctetv, and that the delendanis contrivin4 and intemlim; to injure him, &c published a malicious libel, of and concerning luul, imputing that he had falsely stated his loss, and hail received a greater coin pen,ation than was fairly due to him, from the said Society. The defendants pleaded, first—Not Guilty, and, se• cond—a justification, that the supposed libel was true. The plaintiff replied, that the iLreimants had pub lished the libel of their own wrong, on which issue was joiurd. The datia.r A es were laid at 5,0001 This case excited very general interest in the county, on account of the opulence and respectability of boils polies. At the last Assizes the case was tried before the sauce Learned Judge, but the plaintiff was notistiited ilium a technical 'mint totally independant of the metits. Tile Court of King's Bench having granted a new tri3l, the case now came on in lie disposed of upon the merits. The cause was called tin yesterday alit moon about one o'clock, and alter the Court had been occupied until near eight in the evening, the further proceedings were adjourned until lino{ morning, when the trial was re sumed, and it did not come to a conclusion until four o'clock this aftergoon.—>•l'he uncoutntou length of die proceedings renders d impossible to give any Ming inure than a Ariel) tit tit gase. . . _ The plaintiff was a respectable Magistrate, residing at lialstud, in this county ; the defendatits were also men of a respectable station in society, and were I)irectors of the Essex and Sufidk Fire hiStfraliCe Company, the official business of which was conducted at Colchester. Both defendants were iteighlaiurs of the plaintiff. In the month of September, 1813, a tire happened at the farm of the plaintiff at Halsted during his absence, and consi derable mischief was done. The preinists hail been insured in the Essex and Suffolk Fire (Mice to a certain amount on each building, fk.c. bin to an moonlit much less than the injury sustained. Next day Mr. Butler, the Society's Agent, residing at Chelmsford, went over to the farm fur the purpose of estimating the 3111ittitit of the loss, and upon hits report the Society paid the plaintiff the suni of 1.1071. 6.1. as a full compensation for the injury lie had sustained upon each of the building, and the farming stock and utensils insured respectively. The total attlOtitit of the plaintid's loss was stated to be rattles snore than I ,7001. At this time the defendants were on the most friendly terms wills the plaintiff, and Mr. Isaac Sewell, the son of the defemlabt, Mr. Sewell, was clerk to the 'tench of Magistrates at Halsted, having been appointed II) his shoat by she plaintiff. Up to the au tumid of 1816, no doubt was entertained of the fairness 001 the p.aintiff's claim for the loss he had sustained, but in the month of S lumber in that year, Mr. Isaac Sewell haying married a daughter of Mr. Daniel, an attorney at Colchester, with whom he was about to en ter into copartnership in business, he nos desirous of disposing of his professional practice at Halsted, for asittr.:ll he had agreed with a professional 6eutleinati at the price of lAtarl. Distil condition that the latter should succeed him w his office of clerk to the Bench of Ma gistrates. The plaintiff haring refused to nominate the grittlettiao pAposed as a successor to Mr. Isaac Sewell in that office, the treaty was broken ow, and vont qiiently the latter lost ilie &tumor for which lie had stipulated. Tu this circumstance was am:jibed the lief itig of hostility no the part of the defriulatti, r.Sewell, w..teli produced the find in question, for, subseroentlY to this period, the defendants, and Mr. Isaac Sewell, who had also become a Director 01 the Fire-office, caused an inquiry to lac made solo tile circuity:Lances of the plaintiff's fire, which had happened in 4113, and after various discussions nu the subject, the defeildants its the result Wilt a letter to the plaintiff on ifte 266 t of Jattuaty, tit 19, signed by both, callus tipp . :l 'hint to atlistver cert.siti accusatimis touching the orkinn for loss, which he had made, and using strong tertsr . of reproach, hint of dishonourable, unfair, awl fraudulent lON - 2 rd; she SIICIety, its Saving feceivell aunts Iffimey for il,triieuilar Mills specified, to which he was tsar entitled. Du a subsequent coutimmicat ion they sent 1 hint tit the particulars ot the of to dime items, gut log 'Mir 1t. 4 1.a11S why they ought not to have been 4 1 lowed, said req.iirinz him to defend hits conduct before Ills Directors of ilw Society. plaintiff sent an an swer of slimly indignation at the accusation brought aaainst hum , and his comlnet to th e trust s trict scrimity. IL Was stated as imeof the teasons accounting for this eittr.soriliii try conduct pi the defendants, that they had dents ed their iniminalion 'Nichol,: the alleged fraud of the plaintiff, from a discarded baild taus, named Newman, who had since become a servant to a lady to wl lie defrodant, M r. S111(1(114. was trustee and Imo lilef m law, amid wile had repeatedly used threats towards Isis late master. sliest the autumn with which the libel iii quest Kill was published, it was proved that Mr. had ponlicly *hewn or read copies of the paper to different companies of persons to whim the plailitilf was josowti ; had seal copies of it to friends of .he plaintiff, mid other, and bad e'en in a public stage coach brought the plaintiff's supposed fraudulent conduct into con. arraation, amongst 'lessons armlet rs to hilts, and benue vottotia he devised him of fraudulent and dishonourable comities towards die Fire-office. Isle. Sewell watt stated In b e a gentleman of atosiderable substance, although hie had brought tip a family of Ifs children. This was use outline of the planitill's cam THE NATIONAL REGISTER. On the part of the defendants there were three princi pal grounds of defence relied upon; first, that the sop posed lid el did not arise from any 111:111C101/11 11101,1 e, but purely (min the sense of ditty which the defend:nits, as Directors of the Fire-office, owed to the Society, in calling oroil the plaintiff to explain the particulars of a tratisactiiiii, with which the deliqulants were not ac quainted until the matter came officially before a public ineetitig Of the directors to consider of a proimositiou for assitoolanng the mode of inswin g fanning stock, to that adopted by other Fire-olli:es, whets the atLir of the plaiiitdrs fire was imeatigated, and was found to contain circimutatices of strviog suspicion. —Second, Tnat iu poiot of fact the plaiiit•frs claim did contain enumerated items of demand for loss, to which he was not entitled, Ito such losses having been sustained ; and to prove this ',art of the case, a vol ttttt e of evidence was adduced, one of the witnesses being Newman, the bailiff, already ineutioned r and 3d that the defendant, Mr. Smoothy, could not be answerable for damages in respect of any aggravated circumstances m tne conduct of his en- Ile fend ant , and colisequently, as this was an action tOr a joint part, the damages must be confined strictly to the supposed libel. Mr. Walforil addressed the jury in an animated and eloquent reply. Mr. I 4 term G irrow mistimed up the case for the jolty, and directed them, that if they n ere of opinion that the 111,11111.1 tr was entitled to a verdict, they could not dis titigitish between the case of each defendant, fur in this form of action the it jury of one was the injury of both, and the amount of damages they most settle between theinselo es. The conduct of the defendants collate rally to the publication of the libel in question, was only to be received in evidence to thew the temper of mind and the motive ss ith which the libel w as p u blished. Taking all the circumstances of the case inw considei alien, they would give such damages as the case seemed to require. flit lordship pronounced the libel to Ile as gust in its temps as it was well possible to express. but the jury were also to form their judgment of the whole case as it was laid before thetii on both sides. The jury found their verdict for plaintiff. Damages Two Thousand Pounds. IVETAIORLAND-ASSIZLS. Arpi.gaY.—The cause which excited the greatest interest At these assizes svgs t hat of limiter ie v. Welch. This was an action of assault and battery com mitted upon Mrs. flouter by Mr. Welch, who, it steins, was the Captain of the band of Bludgronmex at the last Westliorland election. The case, which was clearly proved, was °fa limit cruet aid aggravated nature ; and though it was attempted to be justified upon the record by the defendant, Mr. Justice k'-ark, who presided, was most emphatic in reprobating Mr. %Veldt's conduct, and told die jury, in summing ttp, that. if they believed the evidence (and he saw no reason why they should not), they ought by their ierdict to give liberal damages for such outrageous and unmanly yorultict. We are • very sorry to say that Mrs. limiter, an interesting and respectable woman, was with-child at die time this most unjustifiaide attack was made. The seriono effects of the blow were clearly proved by the surgeon,, and the swat gross and indecent language by oilier witnesses. 'fur jury, after a few moments' cons aeration, returned a verdict against the defeiniant.—Damages 3u/. with full Costs of suit. So much for this ca!lant commander of the renowned corps Of yellow bludgeon-men, who, use understand, h..i within a few weeks been appointed to the important office of quarter-master to tha Appleby troop of Yeomanry Cavalry. Mr. Justice Park arrived at Appleby on Wednes day, and opened the Commission of Assize and Ge neral Gaol Delivery. The next morning, afro. attending Divine Service, he proceeded to the Court house, and commenced business ut the Crown liar. ROW S•I REET. FORGED NOTES.—Charles Ross, a young man of highly respectable connexions, his father being a mer chant, and his brother an eminent professional mats, un derwent a final exiiiiiiitanon, chirgi•il with lasing a com -1111011 utterer of forged 101. Bank in En 4 labit notes i n a considerable extent The prisoner was oriainaliy de tected in uttering a forged 10i. Kink-note at the Key baguin, in Chandus-street, and the Fountain bagiiiii, iu Catheritiesstreet, in the Strand. On an investigation of his cowman, previous to his then detection, it has turned out that he was the instrument and dupe m the hands of a . desperate gang of villains, who were raw:led in the manufacture and uttering of such ferged and frau dulent piecei of paper. as well as some forgeries to the large amount of 201. each, but the actual forger has not been tfwarivered. They have been traced to a man of the name pf (larder, who keeps a brothel, Inn with I • he trace cods; however, one of the principal o the gang, nf the name of Sandford, had a case suffici ently made put against him Ili COMinil 111111 for trial. Cho prisniter !inform:lately connected himself as the general utterer, lie bring well qualified f o r i t f rom tile liberal education he has received, as well as his genteel appearance and geomplished manners. A charge pre ferred against hijt yesterday was by Dr. Yates, of Cur zon -street, 11Iarlair, to ay( lie pretended in be un well, and 10 pay him his fee gave him a 101. Banknote, Sir Dewy Marini was among the doctors who were plundrred by ibis means. It was planned 10 take A y:image of him at the time he would leave town for Windsor so a liend the late King. lit was called upon by one of the gang just as Ile was about to start, and oil a 101. • being given to limi lie chilli:cif it in 'His hurry without taking time to examine it . Tuw. tame system of plunder has been c:•rrying oil at schools, under pretence of paying a ;111111C:1 or Iwo as entrance y for children, getting change Mr 101, onti., and psonissing to send the children the next day. The pri soner was committed for trial. THE LATE STORM. Extract of a private letter, dated Dover, Mardi .5 The edict, of the dreadful hurrieaue of the '2,1 and Sd will he !ling felt and deplored by numbers. The oldest SClllll'll here do nut r,•c011.-ct sudden and terrible a gale ; and I um much afraid that we than hear of more distreibing accounts than 'bow which alivatly prem.'st tliesmelvea, if that he possible. The propeit% and victims to the deva%- latitig mid de.iructive element are quite incalculable. 'floe whole line of ' , tench coast, for a sited:ince of 40 miles, and many patty of the Channel, are strewed with floating wreck. it is stated on pretty good authority, that there are no l, Main 033 vessels wrecked betacen Calais and I.la pies, the ethos for she 111116 i pint saved; but they prey, of Niels a shocking scene of sensory and distress us to be (pile nppull. 11/4, the greater part twill frost.ripped, and aura out wills fatigue. A pet son saw about 500 of these poor seamen huddled together io II bail,. Goa vest' ditk,ant is the trent ,teal of bisipa reeked foreigiscrs on our coa•t. 1 esterday, , the ?my idesie e, of 1% ells, ( ), Captain Hall, came in, having two of her cress dead is ills the cold and excessive Inligue ; their twn•es are Liston and Junius'. both of Well►, Foul left isiv, N s. 'f he James, sit Newcastle, Captain Cold Is, as roved oil here, and mailedsi a of the crew of the Itr,g London, of Sunderland, a hiels founderediu the g on sloe shipansle. A loig, todunging, it is thought, to Weymouth, went down nil• Isere. !tilt vessels west. %reeked ou the Gods, in Sands, tali o► three is the Knob, mod three Of .he Swim The King George packet, wills the mail for Ostend, was caught by the gale within six miles of dust port, and had a very hard tissue of it, but returned here in safer., though damaged, but they have all n n •re or less received some damage. Many of the 'es in the town were injured by the hurricane; and the vane from the old church at the Coale, a ith part of the wall, was blown Joao. CiWTI() V TO SIIEIIIFFS, UNDER SHERIFFS,. .1A D OTIIEII IiETIIHNING OFFIC'EII6. w A Return was laid before the House of Commons at the end of the Session of 1819, from which it appears, that many Under Sheriffs claimed consi derable Fees upon the Return of Members to the lust Parliament. Upon a reference to the Act 7th and Bth William 111. cap. 25, it will be seen that this practice is pc.rfectly illegal, and that the receipt: of any Fee on this occasion subjects the persons concerned to a penalty of 5001. Sect. 2. And he it further enacted by the authority aforesaid. That neither the sheriff nor his Coder Sheriff in any County or City, nor Ike Maur, aailitt , Ca n liable,, Dort tremor other Officer or Officers of any Borough, Town Corporate, Port or Place, to whom the eseention of any Writ or Precept for electing Members to serve in Parliament cloth belong cir isppettaiti, shall give, pay,, receive or take any Fee, Rewarder Gratuity whatrarevas, fur the makingont Receipt, Delivery, Return or Execu tion of any such Writ or Precept. Sect. fr. --- And every Sheriff, Under Sheriff, Mayor. Bailiff andotber Officer, to wl he Execution of any Writ or Precept for the electing of Members to. serve in Parliament cloth belong, for every o ilfol ()deuce cootraey to this Act shall for felt the MP 45001. &c..Src. pESTRVCTION OF THE EXETER THEATRE BY FIRE. Tuesday morning, between the hours of two anti three o'clock., the Lacer Theatre was discovered to lie on lire all 111;11111 was stool spread 'brought the city, stood several ti.e-engines were, as speedily as possible, drawn to the spot ;. bust before their arrival the flames had burst through the row - , which shortly alter fell iu with a iremendows crash...a:llle Itsierror oilier building, at this ton e , p le „.„, t . ed Wk. ruler blase from rod to tool, ps tvisot tog the possi bility of saving a sing;e article; and in lottle iiitoir!ll4ll limn, from the first discovery of the file, the lime of the bitilittag was enveloped so one mass of 1111 . 1111..-1 he a m p le& raged with amazing fury, and the sight was sivr:iiily g lan d, 41111 appalling.—Largo flakes of tire ware constantly as. vending, which, drifted by the wind, excited the utmost truer and alarm thimigli the neighbourhood. Four or live houses in Siiiithersiliay Pharr, situated, near the 'rh ea . Ire, were in the until iniminent danger; to the preservation, of those the engines were principally dirroted, and by the indefatigable elet Limos of thy tire-man, and tithes* abus assisted, they were forturtately saved, as well as Ilia hand. some building, in front of the Theatre. lately erected.- 1 he Theatre load been eli.gautly tilted up,. at a con s id ers . ble expellee, pi evions to the opening this ' . ebiS l, ll6. The lost to the Proprietors must be very consider.ilih: as, we witless. stand, the property is not insured to rue halt of its amount.. —The state of the Performers is deeply to lie lasiterited r they hove recentiy suffered a loss of several weeks' salary. in consequence of the d ea th s o f t h e Duke of Kent and :ha King, ,aid now, by this dreadful visitation, whirb,im s prised them ul their theists and other properties, wiwat of them ni..y be said to hose lost their all. A certain patriotic Innkeeper in a Nasthern County, who has always taken a very active but manly part in supporting the purity and iudepe►ul. ence of Election, was asked the other day, to favour a most independent Candidate with the use of his post-chaises and horses Jar Nothing (being so purely for the public good)! th►e said independent Candi date handsomely offering to ply the Government duty for the time they might be in his service. " No, no," quoth Bonijace, gruffly," my horses and chaises, Sir, arc my estate, and ti►l I see all your other suplx►rters lending you their estates on the same condition of your kindly paying the taxes, you must excuse me for declining to be more of a fool than my neighbours!" His Majesty has presented Captain Fitzelarence with a sword of considerable value, as a mark of his Royal approbation of that gallant young officer's meritorious services in Cato-Ltrevt.