The National Register. — London, England, 1820-12-11 00:00:00

-3f;B LAW INTELLIGENCE. COURT OF RING'S BU.SCET, VI SUAT. DECEMBER 5. LIBEL.-CtEANY V. COBBETT7 This was TMaction brongla by the plaintiff against Cohhett, for the publication of several papers alleged to be libels and star des in " Cobbett's Weekl) HelListers" of the :'Sit of Novemlicr, the hth of De cember, the 13th of December, and the of Dec. )819. Mr. Chitty opened the pleadings, and Mr. 13rouGham Oren addressed dos Jury a; great length. :kir. John Wright being called, produced a bundle of letters—he *Ad he hnew the defendant . * hand-writim , . Ile reecivrci a kner front him, dated April 11, l.nn3.— E xam l ne d by Mr. Colrb..n. He said he never w.A the defetttlat's clerk—he was his I.2,ent. Ile received the /niter which Mr. Clea ' read in 1808. in 1818,, the witness took it to Mr. Place of Charing Cross, one of $1; Fianeiss Bureett's Commiaye, in consequence 01 some praise whteh Mr. Cohbett had hestoweal on Mr. Hunt in his Register. He considered it necessary to *hew that committee what sort of a person the defendant was. There were twenty or thirty pets , os in the r.om when he gave the letter. lie WAS present upon a S;211(1 of posile the hustings when the letter WAS read by Mr. Chary. lent Ii only heard part of it. Mr. NVilliam Adams was one of the Westminster coma - ince in the election of ISI9. He rentembered a Icon was read on the !nlinks by Mr. Cleats-. lie had no &mitt it was the letter Focht ed. Ile did nut know Jr. Cobbet's hand-writing. . Cross-ex MUM(' by Nlr.Cobbett.—lle was ode of the rump cAtimittee. Ile was one w Ito advised the lettt r to be read. The withcss said he did not cot:shier the letter read by I\lr. Cleary a Fate letter. The coin. suittee, in his ()onion, were nut restrained from making • aitv use of it. The leiter was then read. It was in substance:— " Dque Sir.—l send by the Gosport mail a parcel of copy—go to Cie committee. Let us suffer no little slights to interfere with car pnblic tluty. I will be in n wit on Sattuday night, and if I find an gond men and nine, we 1 shalt ht,ilte such a stand as has not for some time hem made. AN the gentlemen I meet speak in Sir Francis Butdett's praise. So deterniintd am 1 for calling a pia gotten of that t -sent a petition nivself. There is one Hunt, a Bristol man, beware of him. He tides about the country with a iv Hite no. Wing to do with hint, &c. 7.11. 'Wit haat Jackson published tine farewell address, and continued publlshittA. Tne first he published was No. 15, of tolls:tie 32, on the 12th of July, 1817. lie continued it:11)1;511in; till January, 1819, and accounted ' fur the profits to 111 r. Cubbe t and his son fur his The first was the New York letter beating date, the 5:11 of Deceniber, 1318 ; it declared the letter read by Cleary to be a fingery. Secondly, the attack on Cleary. • whim mewed hint of forging the letter, to obtain lc ' ward Lunt Sir F. Bri.tlett. Thirdly, the libel staling remarks Ott Cleary, mounted on a white charger. The libel in vertte, &c. Mr. Cobbett then cross-examined Mr Jackson.—He hail sat down with him in a room in London. He did nut know whether Lorei Cochrane was ',nicht. He did not know where he first saw him, but believed it was in tic King . .., diench. Mr. i\lolynetr: ' the def.itulatit's minter, slated, that the manuscript of the libels remainvd in his posii.cssain a considerable time. It was than given up to Mr. W. Colthett. Cross-exam:lnd by Mr. Cobbett.—lle said he knew Mr. Cobbeti's wining; had seen Itim write an O'er to Tilt; er and Fry, stationers, for ptiper. He belietec: the niantiscript was in the witting of Al r. CobLe.t. '1 he defctultsti then adtiresscil the Jury, and con tended that the plaintiff was the a., t gressor, and not eir tiled to one farthing damages, he concluded without calling airy witness. Atm a most impartial and able charge firma the Chief Justice, the Jury retired from t l : box one hour and a half. On their re. urn they prommuced a verdict for the plaintiff.—Darntrers 40s. lIVLDXLSDAT, DI:CCMVER 6. FHILBY V. BALL. T. action was nrot., ; in tor shinderous words spoken by the tle.etnlant. icy stated, that the plait:oi was a reTectable farther in F. , sex. Toe tle'elidaio had been eitylo::ed rs a coot eisadoit he L. d with a Mr. lieaili, la "Theta has much diffeiente Letweeti Ilod.g mod Pitillay as tkiweeta a Chrisi;an and a Savoe. Many a poor 1,1311 il.lB been sent out of the criiirtry for ICSS than Pitiiity has dour, for he cauk2.lit a sheep tit the lane and asked me to kill it, but 1 retilicrl. He is a thief, and can prove it. Mr. S aht.rah% tent Mice saws anti three ewes, andlie took one of the Wale anal placed it with his own sheep. I saw nuc 1.41/ in prtmises, and I ant ready now to swel.r it ill•;111C a Y.:••ttisi , ute. " Noah Heath proved the words the detemiaut used in' his presence. Mr. Adolphus addressed the Jury for the de endant in mitigatiou of (13111a6c,.., describing the eLpre , s . miis to b e made by au angry n;I:n. He had not the least iiitemion to justify the non's. Thu Jury found a verdict tor the tunes 40s. LIABILITY OF AN ATTORNLY.—REFS V. VIV//t. This ant.on was Ltom by Jr. pit. r , as.:gnee of Burgess, a bankrupt, at,a , nst tt C (lefent!Att, an aituriftv , to recover a less surf:hued by alleged tuis-oadtiet on In, pan, in no, to withdraw the record of a +teal, and permitting the cause to be called nit at Nisi Milo:, in ihe abscoce of a material witness. Tile eyeshot) the Jury had to try whether the deltoids:it hail onic:sed t; i r on. Ist ix twitting the cause to aqua It Yl.l c ar.,l 10 0 0 1 the es idebee that a p.rson, named Burney, at eniches.er, tt.c. tiectlua.y to hots an act of ft.?. it int mat out tint to he the duty the to procute the attendance or Buri n . Lf. IlL.s Gad off,:ertakeu to brio& Liu: up. the the -^ ~-~ :: M ~.a- THE NATIONAL REGISTER ~~~ - --- Alumlay preceding the trial the defendant called on Ik. lives. and it appeared that Burney had not come to tow ti. .11e then consulted 4 idi 11i3 CliCl.l at to what es ,i 4 bt•SI to he done. Dr. Rees asked if the tral could nut he, put oil? and sail he would run no al.:rill!. Titey finally agreed to bring op Borne, from (....tr;eltester, thinkint; it po4sittle to have him in town to he present at the oral. Under the expectation that the witness would he in town, the eleteo.'.o.t (nought down his ttituestes to W.ttiminsar ; he then found the cause stood firsi on the list; he st .1 ve hether Butney was COIIIC, anti was told that • I s••pposetl he was at one of the collet , houxs peitir 'meek . ..est. The defendant relied on that stawm.. t altowed the cause to cone on. DU. ney did not . t ‘, at„ and plaittuir Wilb non-united. 1. stns content.:•tt that the delendatit had 110 L (XCiciserl tea solvable care, in neglectitia . to tend to the coff•e-lionse, in OWL!' to ascertain ttli tier the witness had arrived . o • not. If he had withdrawn the e:rottl, ;Lot of the ex p.:nee sustained LI die pi.tititilltniAt ItaVL. Leo 4voiaol. ;NI r. Searle.t, ol the part Or .he attorney, 3indude-it the inconvenience snitaitied, not to ally wr.titt Oi Callkiu, on the past of his clisio, hut rue tuna of the plaiatiff in not having the witness r.atfy. To Cu tel Just to: bJid, it an attorney undertook to tist• all icasonaule bki!l in htioging a cause to I:1.11, p o d afterwards omitted to ti. - se nue caution,the plaint ti had e rivdtt to iCCti% or a:ty loss necasin •ed by ue,tlie.enee or tilitemicluet. Inc question for the Jury to Toothier wos, whether ill this Cjsd there Was 3 want (ii reasonable caution • _ _ _ The Jury found for the plaintiff—l/images 301. The Citikf Justice sad, a er the verd.ct had been "'.'his is a rennet I k , ly to do a great deal of good. I ant clearly M opinion is the duty °lan attor ney to see with his own eyes the witnesses he 'mina to cad. I; that dozy is not imposed on hitu, the greatestlatconwa tence may ettotilantly THURSDAY, DEC. 7. DONALDSON, V. PATTLRION AND ANOTHER. Tilts action ti.•tis b ought lty Georgel)aniet Donaldson, forateity Co!lec:iog Cletk to a Distilier, Iwo ol the Proprietoi: of ti,c jitoi Ong ddecr[isrr, in consegitence of an alledged kiwi On toe I pct Cll.oCiti", which appeared in that Paper on the loin of April, 1819. The damages were bid at :mul. Mr. Scarlet, addressed the Jury. The first witness called was a Gentleman (rota the wko pro duced an it, proving that the duiendains were pro prietors of the Morning Advertiser. Mr. James Nialii,olt front the Stamp Office, produced the Uoruin, Atlvertier of the Wit of April, 1819, containco the alieged libel. It was read,—"On Thu. Donalusim, lute eolkcting elet k to Mr. John Wuottheail, a eistiller of I)rtry-lace, wa, CO111'111E:A from 13°w-street fir. enibtzzlity, various sums of mantis : - to a considerable antaunt." Mr. Gurney then addressed the Jury fnr the defence. pavq,rarh was copied from another Newspaper, which thy defendant well knew before he tirotight tile action. Ttie plaintiff hail already had his remedy apinst another paper (7 la New 'liners) for the same article. lie obtained autple tla ill that instance, and he ougat not to have brongiit this ac.ino. pliAi 'ilia' waited on the editor of the paper, to make his complaint. The editor spewed hint the paragraph in anmlier paper, and express:ll his regret that lie had taken a Use report. The plaintiff - asked to have it coa ti...dieted, and .:le gentieima u who condue.eil illa viciver li•cr moot undertook to en• rect any t rior, and repair any injury Ise might have Ilusidioed. Oa t',e 11th nl Amil he called at the office, and on Inc 12111 the Edi tor published this coutfadiclion :—" The statement published in some of the papers, of Mr. Donaldson having been committed on a charge of embezzlement, is tousle erroneous." Toe paper the 12th of April, containing the con trAdietion, was then Pitt ta and read. Tlie•ChielJtis.ice. ;Mei reading the libel to the Jury, observed, that it was an erroneous statement. Tie plaintiff was examined lielOre a magisnate, and enlarged immediately. It was said die defendants oti c ...tit to pay only reduced damages and Mills was called to I.ruve the pa raw a h srai taken limns allotter p. , per. Whether it was cop - ed or not, carry conductor of a lirwsplper was liable for fix own misconduct.— Tne pl,,intilisaid, it the count idiction was inserted he should be satisfied. The COtilisitclitlioll was Wolk, and it was for the Jury to say, whether it was a fair and hottest contradiction. They had also to comider what dama g es the plaintiff (alight to receive at their hands. Tile Jury con.tilied a few minutes, and returned a verdict tut the p:iiiiitiCi,dainagessdl. COURT OF COMMON -PLEAS. sAuttnAir, nie. 2. THE HACKNEY CoACtilli U. rT.tOE COACITEC Jest to foie the Cosi t rose this day Mr. Nei grant Pell rose and said there uo.. a case hi s hie!, he Nas co 4 iret i; ed which woeld only occupy a moult sit of tune, and pus b..ps the t:otirt wou:il now brat it. He meant the papist on of Cloud against Fa ihipery and kihot:. Mr. Shepherd said that he was in the case at the other side with the op Grit...rill, who s+ilS 11'1W . cigar.* tl iu the Cow t of King's Ilcucb,and whose I:rest-nee I.tonglit aw:: especial. he CIV.O %AI nut itIV jai, hut of great par. lie Unpin lance. Mr. Sergeant Pea tins suite his Learned Friend wonld Are tl:e cause lay in a tititAtell. (The harkney coedit , . a►td stage coati , r%f I ) lie wvidil state the farts, ou u hit li co dispute eutild at ise. iu one ;nitwit.. ii.ir. Clu►u', the was the propa let or of a Ilainniersolith stii; ; e- CGat 1:114111y plied to St, Pant's. In the comae of last tumult a genii( man tame on INu AlleeesSit e to St. Panes citoicti l ai it, Bud had his place t., heasi . ngton Ociidi.ril in tho plaintiff's roach. He Nrut hi it aeroril isigly, but had i:llllSt.if 011 11011 .'ay set 4 1, wn K t Hyde Palk Coiner, bah paying the full fate us if lie ate CO 10 Keliltil.;41011. This was considered a bleach of the I inekticy Ciscrli Art Icy the entondsrioners, under silence stage and boo hes %CAP seized by frippery. nod lodged lu Abliott's, yard, out of which they %me not flctivutett back to the plaintiff nglil he had paid 111.18. that Is 51. for each of two penalties, and 11.1 a. coat;.. The Court knew there wasn't old Art of George the First, hied prov:ded that a,., coach choold travel for hire in. the st Well or liherties of the metropolis, unless previously hew.. sea as the law required to face the connui,sioners of her kitty coaehei ; but thi•re w.is al>u the Stage Coaels Act of the l a t e Kin g , which provided shut the penalties of the Ail of (fror..e the First should not attach to stao co 'cites putting downwithin the hills of mortality, such stage roaches taut t:aveiliii4 out of the regular line of their pis to do sea. Mr. Cloud was therefore in setting down t he St. l'..ul's passenger iiirictl; couforinin s to the la-t law, and nut liable to the penalty which he now sought to recover Lack. If it were otherwiar , the Ciotti wutdit at once see the un arr.:ntable twin all(' cr,l .oh the hari.sitip. Suppose he (the Learned SerAeaut) were to LLe his plate ate: pay for it, in the D..th coach, pod .tup lit the moo. fret., Hyde. Is-comer, or of the top of Piccadilly, is by of cow se they eon hem a final far l.'s pains; but ion ti the coachman say to him, or to u!larr No, Sir, upon no aci own, flint for- no occasion. shall 1 let v silt dOWII, heat the Imcknev • conch commit...mute's should fate ow, 3no moat go on to Moll, bask: paid pair fare, 1 Mill mit tt..p iu i'ic. ctidil:y." '4%410111111y Eit.tli , iinniti eudnn 'alas, anal let he niu.d ea ihire is. if the plithitilf did not obtain back his penalty in Ili:. ca..e. Ile was nictitate scull% to 811 C% Coe Court dial .111. thud was a rr i .uhir I.cewed stage.co.acli piiipi I h.tt the 4ctitleinaii paid his full fare in SI. Paul's Chards. yard, nod was lei:titan) booked to Kendii ;ion, but set down lay has di Arc l's.tk Corner, without the coach one iris out of iis line of road. Mr.Shevectd said, that the impoi tame of the case aas 1114. 'Poe fare to 11,tle Park (,orticr was mily eighteen pent e in this mummer by Ihe stage, at,d the et - ect of petmil tiug tic It an arra 1/ZeIIICIII must deFr:a the protection of the Hackney Coach Act iu Town. But the Court could not enter u... 41 this .ohjett—it was aliratly decided lief ...e the Cuoinfesione , s. from %%nose jialAntrot there aas nu appeal. Ile requested the Ciotti would buspcitil the cause until the as rival of t lie Solicitor Genet .:Is Mr. Sergeant Pell said, that nobody coultl call upon the Court to do-Mrh auyittdpneeit properly tend conyttrnily pt:onouneed ; Lut the Cott.' could :Intl outm, is hen ro,.piird to coca fere, ii M•egialnats or COIIIIIII64IOIICIS exceeded their ve§trd duly. Tioat ;ICEe the lliochoory.Coach Cottotni,..ioners had e•ereitied tt daty imt roikerty, Moving It vied µ petia'ty win. it o hey had no sight to imoow, tote Ila mines ,rni. Jo bt:tge acting pi et 0.5.-ly as the la w ;tit:mord.— * hole of the van lid and cuntutiient If , hides is hi, - 11 trot yesieto the .hort soo4es about the metropolis were vitally iote• e. , :0 ill in Ibe dee 4ion t, I lois narstiom Mr. Shepheed replied, and so were lice hackney roaches, who phid a lari,e tlaty, under the pima:emu of the om mssiiuet The C icf Jusi ice said, be saw the importance or the in te.e,:s concert:. in Cue i%-ue, Roil Cel/i1111i) %hit to bear the Sail. itor-Genei al. A• it ous no .% near four o'clock, Ilie Leas in;, must bland over um I a fu:ure do). mososit, incr.:mem' 1. Tlie Solicitor Crucial was engaged on the part of the Ciailissioners for Maury toadies to contend that the adjudication already had in the cause was final. Mr. Set geant Pell gain, that lie aas iot the other side and prepared to at pie that the conviction must be main tained. blared he thought the Acts of Parliament placed the matter beyond all doubt, and leave but a plain simple Case befoie the court. The 601iriior General asked if his Learned Friend was :male of the 4811 t of the late King, nod that it virtually retlealed the preeedinz arts, that is the relative piodtion toat Gape coat Ins had to hackney coaches, in their con trail;,lingith-lied anode of plying, as laid down in the tinnier axis. lltt the !alter act any slage coach driver knowingly t.tkiiii; up a passenger, to let hint down Width' the I:ills of 11101141 . 11, ads 114111 e to the tide, and that was the piesent case; Mr. Serjeant Pell, after tome farther le; il contro - ersy with the SOliellol Gene►al, was at le•ukah sign- red 10 state 1114 C C, which %CAS the infliction of• penalties ainecuttlitig to 111. ls. by the Commissioners under the Ilaickhey Cuach Act, upon Mr. Cloud, the prop' actor of it 114111114C1101flith 131::ge, fur taking up a getallt`lll4il in St. Paul's d, oho paid his fare to Homilies smith, and letting him down at 11.itle Palk Corner, that beinK wi'lc:a the no: , of the paced streets. lle cited the rations acts, and euutehtled that the penalties being wrongly indicted moist be tentacled. As to the ease ot• the decision being limit %stilt the Commissioners, lie denied that that position euitlil be supported, unless it Vi'dti clear that they could be pi use al to have acted within the let ins of the Act td . Patliaun•ut. it was 1.1iU112 , :i 4.11 s to suppose that if he could sines they had taut acted route' inaoly to the law, their skeision should not be 'etched. he Learned Se r. Remit emieloded by reading the words of the clause in the act of Gerge the 111. upon n hi , li he relied, and which allowed stage co:adios to take hp passengers paying to go their full 11/ any part "out of the past d streets" of the metropolis. The Suliei'm General contended, that " out of the part' d %treet , ," meaut to Ic.t the stage coaches to take up Ulllll ufi• the etuats. it was thecae' raclu..ively, and not losi% shy. After soon• furhei consultation between Connie', It was agteu d to make a ease for the opinion of the court, and at present mete') to give evidence of the facts. The Solicitor Gametal admitted 11,4 t ME. Cloud was a duly licensed stage emu b pruptit tor, and ho called upon Mr. Sergeant Pelt to admit that the coach took up dm p.10.4114(.1' iu St. Paul's Church Yin d (certainly taking irons him the motley, and hooking ' the foil fare to is-math), knon nag that be was to be Set 'lowa ott Mr. Sergennt refugeil to 1u31.e this $1111114.1100, and et iitenee was ;Adduct to lake the opinion of the Jury opu.i i.e bilitele fact, whether the 'litter of the stage took op (Air. Lindsay, the iriste of the passenger) pctagn po)tog for Hanni.ei silts iii , but LUOV4 ins he wits t• let teen dents within Hyde Park Corner. Wheel t‘ ells, the driver of the stage, prove , ' his hits'. in; taken sip Mr. laiithitty on the Slid and 22d of Arid, tor. L. lt stinally hooked his place at the Clouse staid Uriilli Pain's Chinch Vat d, for Hammes stud!), tilt! ~ 4e fare, lie 4111 each 0.4 y let tlOisll Mr. at the end of Hull !Henn Street, P14:044111y, N Iles; CI I.CI cd kit when he took up the fare lie was not awair the get.aetenu was to at up Churl of the tell late. The Salado,. Dent' tal produced Daniel Wells, the if:fainter, who said he hit" `cen for iirseral tiluutu s Ali'. Lindsay going three or lune I dual.; each week front ASI A • 'atil'h Couicii 1 as d, sifter lie 411111 t, froin the E. change, oil hiss tel 111/111C knot 11Iay Fair. Seituet• he used to Li: let down at the lt tide Horse Cellar end at Whets the eidachtand would gi% et the wink to 61.4111 t• . s~ , _ ~ _,,_