The Statesman. — London, England, 1820-05-25 00:00:00

PI T 17 .: I F~ ~. k 1 r Co (. 1 177 1 OF COMMON COUNCIL. Lord Mager held a Court of Common Council ye%tertlay.et 44nildhull, for the purpose of considering a motion to be ni.ide by Mr. Alderman Waithnian, re lative to the Or.illans' Fund. . ills Lordship laid before the Court a comniivtication from the Uoart of Lieutenancy, relative to the London Militia, to,4e•her with A bill proposed to be breught Into Parliament in relation thereto, which was read and ret, rred t:.) the Militia Committee. RT LTC Of NICWOATIS % Mr. OLDHAM said, he rose to call the attention of the Court to the circumstance of the Grand Jury .haring been lately refused access to Newrate. He haew it would be very indeli: ate to enter at present irto the sulject, as he knew it was put under the con rs of the Justus, namely, as to the right which the Jury had of vi!iting the prison. Should the Judges decide ►hat no such right existed, he would certainly on a fame day bring forward some motion to a►skesetar regulation on the subject. Ile certainly int put7d no blame to the respectable Keeper of Newgate,' who was at that moment placed in a very delicate si tuation, from the charge which he had at the time, tut then it was proper le have it ascertained, whether the Jary had such a right, or whether it was a mere matter of courtesy. He would wait to hear the result ut the Jadges' deliberation on the subject before he made any motions but shmtld they decide that it was u.erely a matter of courtesy, he would move fur err tun regalationsto permit the Jury, at proper periods, to enter the prison, and visit its different parts. Mr. N. WlLLtaxs observed, that while the right was refused, the Keeper of the prison was placed in very peculiar circumstances, from his having at that tirdt persons in custody who were under charges of a most serious nature. He was sure that the worthy Gentleman who held that situation had no wish what veer to obstruct the Jury, excepting when he felt him s:if bound to do so from a sense of imperative duty. ORPIIANt . Pt ND. When this question tame befdre the Court, it Wes intimated by the Lord Mayor, that a paper, drawn up by Sir William Curtis, was in readiness to be pre sented, and that it contained the wor:hv Baronet's sentiments aid defence upon the subject, to be brought fi,rward by 3lr. Alderman Waithmau. Alderman C Iris was not in Court. Alderman WAtrumsx said, he could not consent to the paper read. He by no means thought it just t` at a Member should anticipate a question. Mr. WILLIAMS (Smithfield) thought such a proceed irg quite unprecedented. Although the request came from the Chair, he could rot help saying it was wrong. If the Worthy Baronet thought a charge was to be brought against him, he should attend the Court, and state what he had so say after the motion. The Court wculd, however, go into the merits of the case, as if the Worthy Baronet was not in existence. Alter some words from Mr. James and Mr. T. N. Williams, the motion for the reading of the Paper was withdrawn. Alderman Wat rntt,►N said, be did not come forward with a motion of a personal nature by any means. If, bvvrever, somejnclividuals considered riseffiselves impli cated, it was so fault of his, and he should be most anxious to beat the Worthy Barone•, or any other pemsimoooonotioisioniMimuif. lijiabookismiutaiime of everything pemenal, and sheehreenesnenee by stating t'-e nature of the Orphans' Fund, of which he had been ignorant for twenty years. Several imputations had been cast by the House of Commas upon the Cor poration of London, and it was well that the Orphans' Fund did not come under the direction of that Court, as that Fund supplied men with the grounds of anim adverting in the strongest manner. The Court of Alder men was by ancient law &Court of Record, and the likeTP bets of it were considered the guardians of several funds ui an important description, and were compellable, upon pan of imprisonment, to invest the Orphans' Fund is the Chamberlain's office. That hind was fur the protec tion of the property of Orphan Children of the City of Landon ; but, at the period of the Revolution, the pro p:rty was destroyed. In the first year after the Revo- lution, application was made to Parliament to raise a fund to replace that which had been destroyed: but, till the reign of William, no decisive step was taken for the benefit of the Orphans. A duty was then its posed, for their aid, upon wines and freedoms of citi sets, as well as a duty of 10d. per chaldron on coals. Tke latter was the only duty under the authority of .Ike Court of Aldermen. The other duties were ► con trolled by a Committee. The surpluses were Se be ap?lied t.► discharge the principal. It appeared upOo examination before a Committee of the House of Coal men% that the sow of 10,000/. remained unappropri ated, and that a vast sum of money had not been paid into the Chamberlain's office. This practice was re probated by the Committee as of the most injurious iescription, and not justifiable upon any principle whatever. It might be said, that as the fund was un der the power of the Aldermen, that Court had nothing a.' will M. VMS AISSOINI, asiebt fairly he made if the Aldermen acted as guardians, but wilco the appli cation was made to Parliament for the sum of 15,0001. to aid in building bridges, and the Orphans' Fund was named as the security. the act became the act of the Corporation, amd the Corporation were entitled to the management of the Fund. In 1772 an . Alder man was appointed Collector, with a salary of 1001. a-year for his trouble. In the time of Alderman Harley a new regulation was made, and the Court of Aldermen decided. that mo better mode of collect ing could be devisod. 1*" s said that accounts were to be belt of fire or hundred ships by the Crillector, sad that other t and great .risk is • vitt to hUisilatilsad. As is fact to be toiliorindtivcry W *be banker, add *ae tibia Islilo a• once wiessatii; l ar. Oa tisk *di coolers* to laws than Oa e 01001111111 . 1•1 1 . It isass(idot sust3ty napdrod aullit . tins as Jammu rat re ianibid lil t" * . thin win* thu Corporation won its iiillarnickbrd mats. The es foe collecting sow Ai as 100/. a-year. I! a gratuity was tocsin& it it fgbi bare been eras to the uisaibers of t h e Court . t Aidoraus in -another sirape. Another Adelman i ad a salary of NW. weir. as collector ot theciatirs , n wines, and had also always the coatialad a( a Iwo •rti of money, which might be turned to better ar c. unt. The money is the hands of the *Cann of -; flop. POLICE. declining to insist upou them, did nut proceed front a conviction of the absence of right, but frotu poverty in the Liberties of the Roll•. For the pisintif . on the othtr hand, it was con tended, that as the inhabitants of Lhiculu's-inn did not pay tithes, they should not be liable to rates. That they supported their own limper!, and it was proved, that in the case of a pauper, named Knight, who had been apprenticed to a shopkeeper in t!3e square, that the society paid for his maintenance at the Rolls' workhouse. That the Liberty of the Rolls had con stables of their own, no one of whom ever entered Lincoln'ssinn to serve any process ; and, that the in habitants of Lincoln's-inn never served any of the p rich offices in the Liberties of the Rolls. That part of the parish never had been charged for wa b uten for Lincoln's-inn. It was also proved, by a docu ment put in, that this very ground waspart of the pos. Nylons of the Templar'; and, it was argued, that like all other religious lands, it should be considered extra parochial. 51 r. SCAR LETT. in his reply, answered the argument of the plaintiff, as to no charge having been made for watchmen, by saying, that the Society had taken the watching into their own hands, and would not trust to the parili watchmen. It did not make for the plain tifflthat no constable entered the Inn, for the in ks bitanti were so —pr'aceabTir they did nit require one . They had not been required to serve the parish offices, because the greater part of the inhabitants being at torneys or barrister!, were exempt from serving them by law. It was tine that religions lands were extra -1 parochial, but it did not follow that all tint lands 4 die Templar! were so: for, as they beeatpe trgasts-, they made new purchases, which bad net the sane privileges attached to them. Upon the whole. beton. tendril, that three I,remiscs had no claim to be consi dered extra-pipoctial. " The Learned Jtcr told the Jury, if they were of opinion that the !tikes in question were proved to be locally situate within the bounds of the Liberties of the Rolls, they must fhid for the defendants. He thought the proofs very strong that way, and lie far ther thongOthat being proved to he locally situate within the Wands of the parish, there was no realms fur saying they should be considered as extra-parochial. The Jury found for the defendants. The..effect of this verdict is to make these premises liable to the Parish - frers. • IrlIC at Of t IIiPrORD r. PAOT. . This was ;1%60001 the Luke of Ilislforts wiener , of Coeoptizi4in . peathilit,..against ; page, a Wolin, fur money f ie add sitting to him, as %sat . tolls of the defendant fbr reposing' his potatoes to sale: Thl' defendant paid a sum of 13/. into Court, and alleged M.lw 24. , - ELS) v..tiOltka, gnaw, •ND ordain. Mr. Jeavis stated, that this was a most important Ve : it was an action to cover the mount of a Tian. Illy of sinter plate that era‘sasestatlise Chester mail, of which the defendants are proprietors. It appeared that, la the latter part of June, last year, the plaintiff, who is ipost respectable gentleman residing near Ecclesball , Staffordshire, sent an order fora considerable quantity forks, spoons, &c. to Mr. Thomas Wilkinson, a aiserssuith in Piccadilly, which was accordingly packed, sad sent to the Golden Cross, CharingLeross, directed " Wm. Mil, Esq. Brocton Noose, wear Recleshall, rdshire i to be forwarded liy the Chester mail." e was not any notice given that it dental:led articles ae. It, however, never was received, and Mr. %Vil a having recovered the amount of his demand sat the present plaintiff. he sought to recover of the t o proprietors. A lad of the name of Rigg was examined by Mr. Postax, and proved the delivery of the box. There sea also the receipt of the coach-tithe* clerk. la his cross-examination by Mr. ( . 1.4R11, who, with tr. Cotters, conducted the defence, he distinctly swore at he did not see the notice-board which was placed in , the office, and which was produced in Court. The next witness was Mr. Wilkinson. re l e laroved the parking of the box, and hs being add as before , described. A very close cross-examinatiou of this wit. , lien took place by Mr. Co si ne ; nothing, however, wee I elicited to serve the defendants. He, al well as the pre. eroding witnear, hod bees seaweed Osseo to she etioeb oiler in question, and he most positively denied ever having read the notice-board, or eves havint heard that any notice had been given by the ddlbsidants. Ile never iosneed any goods union they were so ordered to he, be rissidering that coach proprietors were, mud ought to )Ir, liable for all goods entrusted to their care. Herr Mr. Cs.aaa took an objection to the form of the declaration, bein at variance with the address on the box, that &sic Jog -g has being " tole left et I.:vele:4El4" ! and on the -" to be near Eceleshall," without craw -1 ing it to he I any where. The Cater Ihuas said, he should make a note of the objection. The main question, however, was, whether persons takigg goods to coach-offices were Mead to see the usual notices given by coach proprietors, by placing boards, acquainting persons sending git y ln ei t their coaches that they would not be answerable a certain amount. The Learned Cater Batton was of opinion they were not compellable to see such notices, and a verdict was taken for the plaintiff for 7W. 151. the amount sought to be recovered. • The Court adjourned at half pest eleven. Friday night, at the Newcastle 'theatre, white God sere At Mgr leas playing, a 'soldier took off the hat of a rases, who had either forgotten to do so, or wil :owl toilained covered while the rest of the *lndicate respect to th. tune. 'I he man resisted, and seve ral ether soldiers came to the assistance ortbeir eon- Uvlost-11A LG. —.Vary ll'alkr-, and Presets, let daighter. Welr brought before ft. J. COLUMBUS, Eta. the sitting Magistrate, by J. :snow, the constable of Newington, charged with robbing Mr. Faulkner, of Newington-butts, pork-love, er, to an extensive amount. The prosecutor, who is in a vrry large way of busi ness, had, within the last year, discovered a vast de crease in his profits and ..turn, although his business increased daily, and never era' more flourishing. The prisoner Frames was, during the whole of this time Lis servant. On Sunday ))))) rning last, about five o'clock, whilst he lay in bed, revolving in his mind various plans to discover the secret depreciator, he, is consequence of a circumstance that occurred, awe* his brother, and both of them went down stairs softly, and discovered the shop-duor which led into the rooky* open, and the prisoners tying a large bundle up, which, on their entraine, they abandoned, ad They both stared, sad the primmer bastes ' so ferefint 1 411 * , it was at the sag- , her passe; die bed l towhee. bad eves pleased - shoald be executed, company with her father, , the plunder; which, at , calculation, assented to a-week. The beadle, on being . quarter of beef, three se four bellies of pork, a quantity of teems essages, aid various small joints, worth about 21., all the re petty of the prosecnkr.—The prisoners were enable is make any defence, ant were committed. ---- -- Slletnes.—Two t ostraordinary sets of said& were committed last Tuesday morally, is Unitas-street. Somers-town, by two men chn• lived neighbour ie that street, and who were in habiti of the greatest lea tissary. John A yliire, a respectable inhabitant of dot place, sixty y..ar : of age, after breakfastiagwish hie wife and family. in good health and spirits, g ot sp from table, saying he had 1411111 e business up *lsl' ow. wuuld be down shortly; but remaining tee her. awl a person contidg in who wanted his on Wash his daughter went up t' call hint, asst, on stelei this bed-roots., she found him suspended from Os iral rod of the bed tester, quite dead. At the sokillie an alarm was given that his neighbour, ArtherbrA a butcher, residina in the same street, was Alsoosessi hanging by a rope from an iron hook in the steughew house, quite dead. IltonwAT Rosaaay.—On Monday sight, lis Ilk' Wilkins, juts. of Rigin-terrace, Whitechapel, was MP ring to return home from Stepney Fair , wh et . IN kiwibid spent the aPternoon, he was suddenly so in the small field at the rear of the F Mr* Test a deem se et a. Oie • . swift a syllable, struck Mr. W. a hissee with his clenched fist, which laid the doh etyt i , knocked hitu down : the others crowded find the man *hissed have " fair play." But be was was* lifted up hi4uer he was knocked down agais *idle thiespeallietye, ased.ihe gaug dispersed is ago diree*ms. *hes Oir. Wilkie, examined hie per' be founi• he had been robited of a silvev hum watch and his purse, coataining five oselesid 1 and some silver. ____......-........ Timidity morning la .or, of a ann. MARRIED. Toestlty, ot Mt. Gefergr's Nennvevogoone, lkorYRO too, Req. to Dorothea, second dueller of the Wet Par Pause Nokd. li.eq. Great Osierolrelk OIL • DIED. . w hoa Os tits ith Insipid, in Russell-row?. I Frame's Robertson. Erg. of Fpinsuuth V I C:ll2= Coma 1% of tits Hos John runologbam,leettuatt late Jauteetchataiea.- de oak Om Saturday last. at Harbarlpo. is hi= eit r;i ow? I,lltalpb Baru's, Arebdascon of Totnes. I watt. and Eason Roatiottflaky'of Etits!... I Louisa : Primed and Pittioeheit at " Tas •'Cost:trroues" 011cava.Wig IM.Oeuteat's ettarcl. lrr R. W." miao w" wit ' Mitlentalectioag. 'unitive; *NJ- quested to h.tddrossed. these —That since the tame of the rartiamentary aur- spoke to facts within their recollection for many years I L.: ir-gan to scream. They were I vev, the parish of St. Dunstan had been divided, into back, proved, that thoug h a demand of more than four- ! l o d g ed t he watch-house, where t two parts, one <Dilate in the city of Londe*, called St- pence a load bad been lambs from them in the Imitatom in til Dunstan's in the West, the other in 3liddhesor, calledenufeesed that it was she who had market, vet when they made resistamee is the tspnent dewed her maw, shop, a n d t h a t the Libvp it ev t i the Rolls , . These we e rl ii red air- 1.4 4 0 , 0re i t Itomingignsikupsai. -- - rattily. Itleremises 14 "I l ei • 11114 """ '.Under these circumstances the ease west to the ' s'e' ' 'Aiello' and particular request of 1 tel description . o the parish. That in perainhitiating Jery, I been induced to do it. Her mottle who, under the Learned Judge's dirsotiona, . the manner in which the thing 1 the I :Kilit!s of the parishes, it wes usual to iticittile fo4od for the plaintiff as to 40s. damages over and 1 a id was, these premises . That very near this very house there each morning, in comps 'Wive the sum paid into Court, thus confining the toll was a stone in the trail, which had the letters "S.D.W. at the door ready to rh'eive the II to two-pence per sack for potator , . (St. Dunstan's West) upon it. That some h houses in the • cording to Mr. Faulkner's calculi rm.-. square paidentre. th it though the payment of the four or five pounds a-week. The COURT OF r EXCHEQUER, Mg 24. sevrched, was found to contain a q! rates had been hitherto resisted , the fact of the parish ' ! or fear twilit* of mirk. a quantity t sTAMMAN. Aldermen would produce an interest, in 20 yetrs, of upwards of 20.000/. Alderman Waldman coticluded with moving, that it be referred to a Committee of Ueneral Purposes to inquire into the nature and duties of the office of Collector and Receiver of the Ditties on Coals, and the amount of the balances remaining on hand, together with the sums paid into the Clem ber; and nl•o to consider whether a better mode of collecting such sums cannot be adopted. He also moved for au Account of the situation of Collector of the Duties on Wines, lkc. ✓cc. _ _ Mr. WILIAAMS (of Smithfield) seconded the motion. He regretted that, out of so mach good as the esta blishment of the Orphans' Fund proved to exist, such mischief should arise. Mr. DixoN said, he had no obiection to referring the question to a Committee, but it KR% trident that the Court had no right to interfere with the Court of Aldermen. He hoped the matter would undergo a thorough discussion in the Committee, and that the public mind would be satisfied upon it. Mr. JANas said, an inquiry was greatly to be wished. He did not see why the Aldermen should hold situations of the kind alluded to, and have the power of sitting in Court : and was of opinion that if the power of exclusion ‘i as exercised in such a case, it would be of considerable benefit. Mr. FAtELL hoped the Court would assert IA inde pendence upon this orcabion. Mr. CLARR r reprobated the system attack adopted against Sir William Curtis, whose name, he said, was made to stink in the public estimation. After some further observations Iron Mr. Ott'bun and others, the motion was agreed to. George 1.3 atehus, Esc. was exeinrted from his no mination for Sheriff, he being a Prote4ant Dissenter; and Joseph Bonier. Esq. was disehArged from his nomination, he haring paid the usual fine iutu the Chamber. LAW INTELLIGENCE. COURT OF KING'S BENCH, WEST74INKER. MAT ft ctmr - ros F. POPE AND .ororutß. This was an action ti, try the questior, of whether certain premise in the New-square, Limoln's-ino. were or were not extra-parochial. The plaiotiff. Mr. Clayton, was a gentleman, residing in Chambers, No. 5. in the New square. The defendants were overseers of the parish of St. llnmtsn's. The action complained that the defendants committed a trespass, by entering the plaintiff's chambers, and taking otrzy his table. Isc. The defendants alleged their right. and pleaded that the table was a distress for the parish rates. Cpou this claim of right the parties joined issue. Mr. SCARLFTT, Mr. iLICRNST, anti Mr. o.l.BcLrs for the plaintiff, and Messrs. htlsinsaft, NOLAN, and CAS eCRO. for the defendants. A great number of witnesses were exatninecl on both sides, in whose evidence there was necessarily a g reat deal of sameness. As the trespass war mitnitted. the af firmative lay with the defendant, who began, The proofs in support of his case were in substance these That since the time of the Parliamentary Sur divided that he was liable no farther; upon this Issue ens joined. J. MT. Sant.tvv, for the plaintiff, 1 , 41:0 4 this was the third time the Noble plaintiff had occasion to come into Court. Now every gentleman on the Jury was aware that the market had been for a long time in the family of the Dnke of Belford. In the reign of Charles 11. it was granted to the Earl of Bedford, an ancestor of the present Duke. Ever since that time the tolls arising from it had been payable to his family. A few years ago an Act of Parliament passed, new modelling the manner in which these tolls were to be received. The Jury should be informed, that. at emotion* law, tolls were payable not by the seller but the buyer of a commodity exposed to sale. In Covent-garden market, very great inconvenience was found to result from this practice, as well from the quantity of goods sold in the market, as the early hour in which busi ness was transacted there in the morning. A new• ar rangement was therefore made, that the seller should pay instead of the buyer ; but, as this run counter to the common law, the Act of 1,113 was made to give the demand the sanction of law. For further conve nience the market was divided, one part being appro priated to the sale of potatoes, another to fruit and lowers, ace. A , •other part not let out for ally parti mam purpose was called the casualty market, and here these *be brought mixed loads of potatoes, flowers, Am pitched their goods, and they either paid four pence for a cart load, or one shilling for a waggon, (where there was no particular measure, such as sacks). The defendant exposed his goods in the potatoe market, end the question was, whether he ought to pay four pence a load or four-pence a sack. He (the plaintiff) contended, that Mr. Page ought to pay by the sack, but if should appear that they had no claim to that, then the money paid into Court by the defendant would cover the Duke's claim against him. The Jnry saw the point upon which they joined issue, and after the ver dicts in the former case, he (Mr. Scarlet) was astonish ed what could be the defence set up now. It would depend in a great measure upon custom, and to that he meant to direct the attention of his witnesses. A number of witties.es ncre ealletl, who proved that a part of the market had for a long time been called the potatoe-market, and that they bad been u%esi to pad• four-pence a sack for potatoes exposed there for sale : on their cross-examination they said, that the toll was originally five-pence a sack, lint they had then the accommodation of warehouses, scales, weights. watching. &c. Mr. MARRYATT, for the defence, contended, that as the payment of the toll by the seller. and not by the btycr,•was a constitutional agreeutent, the additional sum paid by them was for the accommodation, Rnd nat for the toll. He denied that by t•ummon right this addi tional toll, if toll it could be called, was demandable. There should be a distinction made between what was pail' for toll and what was said for arcommotiation. In all other parts of the market where this accoutosoda- Von was not affortietl, four-pence was payable, aid he contended that two different tolls could not be taken in the same market. The spoke ' witnesses which he called, and all of whom facts within their recollection for malty years ULD BAILEE, MAI' 24. John Johrenfote, a boy 15 years of age, and Nary Downes, were severally indicted, the fornter for steal. log a scarf, the property of Mr. Raker, at Hamner. smith, and the latter for receiving it knowing it to be stolen. This case disclosed a s..ene of lamentable depravity. The sister of the boy, a girl only 13 years old, appear. ed as the first witness a::ains , her brother in a chirp which might affect his life, though she herself was the actual thief, and he only an accomplice. She stated the facts ut the case with npparent indifference. and said that her brother had suggested to her to commit the robbery while he waited a few doors from 31r. Baker's shop. On being apprehended she was ad. omitted as evidence against her brother, and told ail she knew about the transaction. The prosecutor stated, that the house did not belong to him, but to Isis son, and therefore the capital part of the charge was done away with, the name of Lis son not being specified in the indictment. Th e c„,em o ssi t aar ANT, in consequence, directed the Jury to consider the case as a common larcent. The boy was found Utility of Stealing, hat cot in a dwelling•house; and, as there appeared no hope of re. chaining him, it being stated that he had robbed e;ery shop iu Hatutuersmith, The COMMON-SkILIKANT said, that he should I.e sent out of the country. Mr. Sheritf Horniest L humanely observed, that he would get the prisoner's si.ter into the Refuge for the Destitute. The female prisoner was aequined, bat detained on a similar charge in which the hod• was also implicated. This charge was preferred by Mr. Carter, a sales man, at Hammersmith, from whose shop the boy stole a pair of breeches, which he afterwards sold to the fe male prisoner, who kept a clothes shop in the town. The boy was also convicted, in this in s t ance , an d the prisoner (Downes) acquitted, to whom the Cosmos; SennaNT observed, that she must in future be much more cautions in her erbodurt. r r I: I I i I La k ii ME