The Statesman. — London, England, 1822-01-28 00:00:00

JONES V. DIRS. This was as action tried before the Lord Chic( Justice at the last Sittings for Middlesex, by the owner of a house is Clement's-inn passage, against a bricklayer, who, under direction of the Commissioners of Sewers, repaired a drain or sewer in the neigh bourhood, for negligence in the discharge of his duty, by which the home of the plaintiff sustained injury. The notice of action given in conformity with the 52d Oeo. 111., e. 48, a. 9, expressed the cause of ac tion to be, that the defeadant did "make, alter, re pair, cat, dig, and enlarge, a certain sewer, in so im provident, unskilful, sad improper a m . that the tomcats of the plaintiff was damaged, weakened, and gave way." The house in question was not im mediately affected by the felling in of the sewer, but fell in consequence of another house sit/kill against it. The jury found a verdict for the plaintiff. Mr. SCAILELT sow moved for a sew trial, on the •ttenad that the notice did not properly describe the injury, and also that the defendant had ant committed ary negligence which ought to subject him to an action, It appeared that the house did not fall in by reason of noskilfelness is the construction of the sewer, imt of neglect to shore op the premises, or to give due notice of their danger. Nor was the damage roiostuediately the relish of the works of the defend ant, as the terms of the notice would imply. The defendant acted to the best of his judgment, and took advice of others; if he bad adopted the course of giving the bows oaternal support, he would have in curred equal blame; like the old man with the ass, by attempting to please every one, he wosld please no one. Mr. Scarlett urged these topics at great length, and finally obtained a rule to show cause why a new trial should not be granted. COURT OP COMMON PLEAS, Jos. 26. SO4SZ O. JOHNSON. Mr. Stlitifle VAUGHAN moved for a ruin to chew canoe why the verdict given for the plaintiff in this case should not be set aside, and a new trial granted. 'this was an action of covenant on a lease for rent, and was tried at Westminster at the sittings after last Mi chaelmas Term, when the plaintiff produced a lease WO one stamp of 3/. upon it. The counsel for the defendant had then objected, that the lease containing twi separate demises of dirtinct properties, and the ‘tassession of the premises bring given at two different 'tines, there should have been two stamps of the united value of 31. 10s. Two rests had likewise been reserved, Payelile at different times. Lord Chief Justice DALLAS—The two demise. were made at the same time, and fin be sawe consi deration. . ~... , i~ i ~~ I.llw INrscideENCll. OF KINGS BENCH, SATtramor. TIM KING e. SMARM. The Behadaet in this case was oue of the indivi duals convicted before the Cate► Jorrics of perjury. in the evidence given by bins in the Barastaple Blee• time lagairy. Mr. Jowes new applied for a rule hi a►rest ofjedg meat, or for a sew trial on the following grounds : There wen several eoents is the declaration, is some of which the defendant was charged with direct per jary at the har of the House of Lords. Os all t►ese roosts the defendant was acquitted ; but there were other counts in which it was charged. that defendant Rave evidence before a Committee of the House of Consumme, and that he pre evidence directly the contrary before the Hoes* of Peers, sod the ja►en upon these 'counts found the defeadant guilty, with out saying in which cam the perjury was committed this was his point in arrest of judgment. In support of his application for a new trial. he had to submit. that the evidence at the trial was not sufficient, there Wise may not witness to prove the perjury, whereas two were malted, otherwise it was only oath &phut oath. Mr. Justice WITLIT said there must be two wit wenn or °es witness. and circumstances giving a prepoaderauce to his oath. Mr. Justice MRST.—Is this case the defendaat had Aiwa to fasts directly opposite to each other: bad not the Jury a right to draw a conclusion that one was lase ? Me. James observed, the Jury had sot stated that they each eencin4oo, or if they had, they had net said which ease constituted the perjury. Besides, tones Hate perjury, it was necessary a person should mar wilfully red corruptly. The Cuter Jurrica said be had put this point die tiaetlytothslury,and they had fond • verdict of guilty. His Lordship thnght there was no ground for a new trial, though ea the first point there should be a rale is most of judgeseet. The rest of the Court being of the same opinion, the rale is arrest of judgment was greeted. Tat RING V. naants. This was a similar case, and Mr. Jones applied on the same groaads,for a rule in fjadgateat. The Court granted the rule. IRO COUNT DU DILLOIX O. LORD WATRIFARK. This was an action oe a promissory note gives by Lord Watevpark la 1787. whilst his Lordship was a _young we., sad at Paris, to the Count De Belloix, for a sum of rainy, alledged to have beta ad d by the Comet to his Lordship, then Mr.Caveedish, by way of lean. The *Woe was brought recently, sod tried before the Chief Jastice, at Heildhall, in December last; "rhea the Jury, after hearing the evidence, is ' • gutted of his Lordship whether they were boned to give introit on the mote ; and his Lordship intiesatieg to • them that they were not, they fogad a verdict for the amnia of the Bill only. Mr. MANNINO ROW applied to ban the verdict Iseressed, by adding 2851. to the arm gives as hi nny*. Mr. JO** MATLRY..+LIMAILINWL.AWIDIS WAS for a demand 040 years standing. Mt. Maxistwo.The note was made is 1787. Mr. Justice Havi.H.—Tben, 1 think, you are very lucky to have got your principal, The Cuter JUSTICI.—i confess I did not expect to bear of this again. Mr. Justice BAILIT..-11 think for about twenty l i years it would have been illegal for the Defendant to have paid the principal, and daring all that period no Jones( could have occurred. Tin Counr was decidedly of °pinkie the verdict should not be disturbed. TIM! gTA Mr. JIIIIIIICS MS WU Nerved biases the poewseies of both premises eoeW sot be gives at the saws that, wad the Seism was sot to pay rest for premises which he amid net empty. The Coate usailmosely refssed the rale. COURT OF 11XCHKQUIUL—Savossay. TIE A' EMIGRATION. lIIIVIIIAL V. JAMS. CLIMHILD VIM =TT& This was as information 61ed by the Attorney-Ge steal against the defendant. as owner of a certain vessel called the Charlotte Gauthier, to recover penal ties amounting to 60001. 'scatted seder the provi sloes of the 43d of the late King, cap. b 6, sett. 1 and 2, for having received 120 passengers move than, ac cording to the *essay of the said ship. she was so dded to carry. The Act is question provides, " That no ship or vessel shall be permitted to carry out of the toenail, upon any bag and distant voyage, any num ber of payees, whether adults or children, including the crew. more than In the proportion of one person to every two tons hurtles ;" and for every person proved to have been received beyond that scale. poses a penalty on the master, or persoss tails, the charge of the said vessel, or the owner, of 501. The information was tried before tlie lams Cstsir Banos. at the sittings after last Trinity Term, anti ■ verdict was foiled for the Crown to the full amount of the penalties sought to be recovered. It stow came be fore the Court upon a mottos for as arrest of judgment; which was refused. .....mmailm.- INSOLVENT DEBTORS' COURT. Oa Saturday, before the bowleg *film opposed cases wee proceeded en, the Chief Commiesio.ter aueeseced that be bad so Important Kale of Court to promulgate, which was reedered absolutely necessary by the little attention paid by the Atteraey's prattisiag is theCoart to a farmer order. The following is the Reit agreed on by the Court:— " It is ordered. that on and after the lith day of Feb. next, the schedule of every prisoner shall be gigged by him on every side of every sheet thereof, sod attested by his attorney, according to the Role of Court made on the 28th of June last. And that each signature and at testation shall be verified by affid►vit of the attorney, to be filed with the schedule. And it is further ordered. That no schedule shall be received or filed without such affidavit, which shall be prepared and sworn without any thing being demanded for the same, and without any fee whatever to the officer of the Court before whom the same shall be sworn." As a proof of the mildaess of the season, a bench of Pear-tree blossoms was left at oar Wilco on Friday. It had been taken, with errand whom from a tree growing is tie open air, in Mr. Rassel's garden, at Rosepark, Gamy of Dow...—(Beffiset paper.) There is sow growing on an Apple -tree, igthe garden a Mr. Adam Cunningham, Ca an apple from last year's growth, sod dip. pew likely so trap offs is le i5.4.6111.41111110111e _ i • .. -.. Oda's.) Owe day last week was sees twat Hastings. • loottao fly, dressed to as besatifal h scooted lying aboutwitb s musk livolissas able tits silkiss of somossr.—(itsighilla Herald.) Nanterons proofs bare lately been adducted of tbe unusual mildness of the 'present season, but we believe the following is one of the most remarkable we have met with. viz.--that last week. a crow's mess with two young ones, was found in the parish of Sted-1 ley.—(Werrickshire Adeertiser.) RINAREABLEL S.OATING OCCVORIPICI.OO Friday last a party of Mansfield freedmen coursing on Sher wood Forest, near the race ground, started a ha►e which proved " a teaser," leaving her eager pursuers no other alternative "than to play all they koew," and " prove their ateteL" Sprightly pan led the way o'er hill and dale io gallant style. and confident of her fleetness, bid defiance to the speed of winds. How ever, on coming near the silent tomb of the immortal poet Thomson (whose remains are interred on the I open forest) she dashed furiously among the ling, and making a double. Mr. Mellor's dog Dart came in con tact with the poor animal, when for a short time all sight was lost both of dog end hare ; but at length brave Dart was discovered laying prostrate oo leis back; and matchless puss, extended almost breath• less beneath his loine, was actually taken up alive by a person present. This remarkable circumstance, we believe, stands unprecedented is the annals of sporting history.—(Doncaster Gazette.) A Teter DISCOVEMID ST BLOOD•U Tees day night a labouring teas named Tipper, at Pentad*, Stanstaad, bad a fat bog, of IV stone, stolen from bin sty. He made application to the park•keeper of Lewis Way, Esq. to assist him in its recovery. A eoupkiof Sleuth blood-hoonds were laid on which ►an on wail six miles and a half to the door of a cottage at Wbsi Hearne, when James Goble was taken into custo dy, be having killed the bog and cleaned it. The man is committed to Petworth Under/zit for the offence. On Wednesday morning, some smugglere, while pinkies from a host a cargo of spirits, an, Felphave, were discovered by the Preventive Service, wigameip. preach with their galley indium, the streggitis 40 kat into a small boat, when, being overloaded, it sunk, and one of the contraband adventurers was drowned, and four were taken prisoners. Their boat's cargo, 11U tabs of spirits, was conveyed to the stores at Amadei, and the men were seat to Horsham gaol. Saturday morning, the kip vagrant cart or covered van, belonging to Mr. Davis, the paet•maaer fee the county of Middlesex, crowded with poor urea, women, and children, in order to he passed to their respective places of settlement, was overturned on leaving his door in Vine-street, Little-Oray's-ina-lane. by which accident many of them were severely hurt, but provi dentially escaped atilt their lives. The accideoewas uccasiosed by some mischievous vagabond taking oat the linch-pins and nuts that made fast the wheels, in consequence of which both wheels on the same side fell WI at once. Friday sight, a villain made as attempt on the life of one of the watchmen in the vicinity of liarten-cres cent, by discharging a shot at him from either a gun or pistol, at he was standing at the door of hie watch box, getting in after calling the hour ; the ball fortu nately missed him, it passed quite through the crown of his hat, and grazed the lop of Lis hetiC The watchman sprung his rattle, and although there was au immediate aianii end pencil, the aseateite eteapmL Tr_AmAv: LORD MAYOR'S COMM. --saw— Satarday slat Lord Mayor held a Coast, at which tie Cousaaas &damn sat as Memo,. TIC Loam mATOR •$D cdalalasmitv d Ist cm or Lospow it. r. littrivaleelmi. In this case the defendant is a aorsfreeman. and hod taboo t►e contract, under the Comstaissioners of Sewers, for the dust aad sweepings of a district, is. eluding Bishopegate Ward. The format contractor was a freeman, and the multi defendant*. taking up the contract aniseed the name of his predecessor to remain on the carts, by which means they passed and repassed through the city without paying the toll ex acted from non-freemen's carts, no chaage of *weer ship having been discovered until some time after wards, whets an action was brought in this Court by the Corporation against the defendant, to average ammint of the tolls that would have been re ceived bad the carts duly paid. A verdict was gives fur the plaintiff, damages hi. 25., subject to the fol lowing questions for the Court :—First, whether the Lord Mayor and Commonalty eoeld bring an action in their own Court. where, he being the plaintiff, gat as the Judge in ►is own cease ? &goodly, whether a Jury of Freemen were competent to try a cause I. which they were interested ? And thirdly, whether Freemen were competent witnesses in a case where they were parties ? Mr. NORTON was for the defendant, and Mr. NOL• LAND and Mr. Ananix fur the Corporation. The Comeoze SIRJEANT said he should sot do his duty If, is this important ease, he did sot cosset' the . @amorous authorities cited. aad take due time for con sideration before he decided upon the point at issue. He should most probably be able to give his judgment at the next Court that should be held. On Saturday tie despatches for &woolen and China, by thr ship Thames, Capt. %V. Havisidr, wore closed at the East India House, sod delivered to the parser of that ship. C•SS OW • JeIYMAN.—Mr. Samuel Mania, a re spectable eseteher of the society of Friends or Quakers, was ►ately drawo at Philadelphia, to serve as a jinn is the cam of a black wan *bunt to he tried for the warder of his father. Mr. Martin expensed hie on williegnem to art in a case to witi.-h the laws affixed the penalty of death. He was tel• 1 by the court at his excuse was not legal, and it was explained to him that the jury bad only to examine the facts—it was the few that fixed the paoislement. Ist. Still be re. fused to be 'Grated to try the rause. and the result was that he was ordered into the custody of the Sheriff, to be imprisoned for the space of twenty-four bones, for a contempt of court.—(Aihre freckly Re. Au alarming fire broke out ea Saturday mandag about one **click, *a the exteasive prosiest of Meuci. Rohde sod Co.. smear-retieen, is Lam- MAW, Geeelmasee-Selda. which entirely costumed the bask amrfhumes sad stables in which it uriginefed.— l'he fits raged mail afar six o'clock, soon after which it was eatirely extinguished. wittiest injuring their adjoining handier's, a pletatifol supply of water bales' obtaiaml from the will open the premises, by mesas of their steam-eagise, mad the ready assistance afforded by the firemen of the various insurance companies, and other individuals. The loss is intimated under four thousand pounds, sad we understood the premises are insured. Free —On Tuesday moth's', shoot sena o'clock, an 'liming fire broke oat on the premises of M►. Lynch, druggist, Matketotreet, which for a time tbrea•ened extensive mischief to that crowded part of the town. It appears that a man was cleaning the cellar. ii the coarse of which he bad occasion to re move a large bottle filled with spirits of turpentine, which (as each bottles smelly are) was pat in a basket. Uofortnaatelv, owing to the length of time it had stood on the floor, the beaked was decayed, and whets the man lifted it up ►y the handles, the bottom gave way, the bottle fell on the door, and was broken. The in /estimable vapour immediately caught fire from the needle, and communicated to the turpentine ea the door ; from the large quantity of which the cellar was almost instantly filled with lames, which burst oat at the windows, and coasmanicated rapidly to the shop above. Oa the first alarm Mrs. Lyng.", with crest pre ( mind, ran dorm the cellar steps with a blan ket, with a view to extinguish the fire. This, however, was utterly impossible, and the progress of the dames compelled every !vises on the premises to seek for safety by as immediate flight. Mr. Lynch had it in his power to carry olf his books of account; bat hear ing Mrs. Lynch below, his fears for her safety induced him to leave them, and hasten to her assistance; and it was with some difficulty that they made their escape, !raving the books to their fate. The whole interior of the shop was speedily in flames. The engine of the Royal Exchange insurance Company being acne at hand, was almost immediately on the spot, slid was speedily followed by all the other engines in the town. Unfortunately the tire-plug its the street was chocked up, and no water could be procured from it. A supply was, with some difficulty ofstaieesl from other quarters, and the lire was then speedily got ander, after destroying the interior of the shop, and property therein to a considerable automat. fly the exertions of t►e firemen, who kept a constant stream of water on the couating-hosee, tlut books were pre served from utter destruction, and were ultimately gut out, much burst. The dames were in some measure prevented from communicating to the roots above the shop, by • thick Wilton carpet, which covered the floor, and was kept thoroughly soaked with water. We have not learnt the extent of Mr. Lynch's loss, but are happy to hear that his insurance will cover it.— Had the fire happened in the night, or the flames seised the second story, the destruction of property to as immense amoont must have been the inevitable consequence. From the height of the building and t the oarrownees of the street, it would have been dan gerous to approach, and impossible to make any 'tree teal opposition to the flames. A somber of ware houses, filled with goods. are connected with Mr. Lynch's premises, without the in ntion of a party wall ; aad if the fire had communicated to th..to, it is probable that a coallagration like that in Hodson's square, about 20 years ago, would have been the re sult. (treat praise is due to the firemen of the lowa, sell of the different insurance offices, fur their prompt and judicious assistance.—(. VanicAcatcr Geordies.) , - J M...- PULICK. Bow4taert.—Pll. Ben siderweit re-examittau,, on fistardiy before 0. IL Me iseut.L. gm. es a eleg y ▪ bigamy. Mr. Alley attended for the pri uset Bilis. the slicer, was asked if he hail bees aid e% procure any farther eVideace since Wednesday 6. 1. He said, nose bit Mrs. Sawyer, the slater of the Ws. man to whom Sell was alleged to Lave bees 6rst eft. tied. This Witness was them sworn. aid andre s . st , loot aid minim examiaatioa by the worthy Slo g „ . trate. Ski could not swear that name of her sim, • written in the palish register. was her aisived had. writing. She never know that her sister was niarri., to Bell; lobo never heard bet may she was, sor did sti, even p by his same. She bad sever seen Bell bel ones is her life, and that was only for a few slam, in the desk of the meileg, when be wag talking ti her sister. tl years apt eueseitteitly she could identify his noir. If she were to used his. Upel being directed to look rigid the odice and try if she e•ald see bins. she, after mnsidenthie hesitath., plated out the primmer as the perms who, of i n them that were premier. most resembled the ~,, wheat she had seem on that occasion; bit she twit set take upon herself to swear it was he. Ellise % them asked by Mr. Mrysiitti.i. if he ha• dose ill ilk, ' ewer to• paters mere evidence : aid if he had la, expected*, of Aiding say other witneemilrhe rai r i t identify the primmer, or prove the marriages? °Seer replied, that he bad made every possible ra t don, but had no espaciation of hiing able to disum further evidence. The Magistrate inquired if th r , was a prosecutor in tie oleo ? No owe answered. 8, them informed tne prisoner. that although them en, no legal evidence before his to warren his semi: ing him fur trial, yet was it a ease ups which much mispicioa attached, that he did not feel Wend tnstißed is setting him 'Clam without adepts / la k e. attires as would ensure Isis turtles Hing at a kin ,eriud, in ease any turib-r testinuomy of his Wald. ation should be pr.kenred ii the mesa time. •hoolJ, therefore, call open the prissier to give Mt ainiself ia 4001. and two sureties in 2001. each. heti appearance at the semi.... to answer all such (harp as might thee and there be exhihiled against and to give 24 hours' smite of hail. The defendant immediatel♦ tenJered tbn semi the Ft. Aeons be holendod to offer se hie suretirs. eel le aas detained in custody an II the necessary initial could be roa•le. Mr. B—, the half-pay Seeign v w►o Las km levant times examined ou a c►arge of steeling dim spews% sir property of a widow lady, named Wicks, resi.ling in Conduit-strret, was once more ►rought st The female servant of Mts. Wicks was cal:ed het ti lot appear; and Mr. Nutshell immediatel► Delete the prissier to he remanded for soother welt. tai I warns. to be issued against t►e serrate to comp! ks attendance on Saturday seat. Oar readers will recollect as account that appeal la ear Paper a few days ago, of a little girl, aim two years old, the daughter of Mrs. Edwards, of IN. Ragtime, sear Ca/shallow. Soerey, bowleg lima suss from its pirogues by a female, rheas rt sided in that wilier. ender the ear pewee of taleng it oat for as airiag. We have sew die go. dam:ties of statist that the Whist has beta latest to it, parents, and the girl apprehended and caMsd before a blagistrate for the county. It appean that the girl was a very mitigate and abeadoesed chant ter, and frequently deserted her home for a mild". able time. Daring her career she had formed as quaintassee with young sea is London. with whistle cohabited, and about two years ego she persaade4 Os young mem that she had bad a fine girl, sad that* was with her grandmother, and unless they agreelis great her a weekly allowance, she should he nods tie necessity of swearing the I afaat to them. This tale hunt desired effect. for each of theme allowed her a erselll sum fur the child. Subseqftently her story was la petted to be nothing bat for the purpose of defrauds( them of their money, and the weekly allowance re stopped till she proved that the child was in exisuss. In order to carry this into effect, she bad devised tie scheme of borrowing Mrs. Edward's child, which eh took to her dupes, and succeeded is proving to then satisfaction that the infest was hers. The plan sae seeded, and her weekly allowance was to be reused. She was apprehended at Croydon with the iefast, getting out of a waggon sear the Dan public horse, by which she came from London. She was takes be fore a Magistrate, and anderweat a minute slasio ation ; but the waggoner proving that when she get into the waggon she desired to be set down as are Wallington as she could, together with the chess. stance of the child's apparel being untouched, she es discharged with a severe admonition. Wit tilt cit.—The first half of this week was retard ably mild and fair, and, for the most part, clear. Dm day was the only day on which we bare bad rain: tsi the week is closing at it C 011101,110941. The gaaatitv C rain fallen this week is only 13 hundredths of as ins Strata, Jam. 26. THERW6III , 7TriII. , i 11 MILKOWITItt o'clock.' o'clock. at eight. J vt. — , .20• N• •• • 46 I 50 I 45 30,33 Clow; 91. 51.... 45 I 47 46 .37 Fla it, T.... 41 47 43 .31 Fair tt. W.... it 47 46 .211 Col ly 94. TU.... 43 47 47 99 01 Rela 96, F.... 1 4t; , 4$ 44 3u.U6 Or 96, R.... 44 ' 47 .13 Fir DI lit). At Loath, on the 13th Instant. Wm. Morris, rat-cal aged 71 years. .$. few rays eine* he weal out to date" vermin. and. as usual. took a box containing some psi" t unsarticle, which he used in his vocation. in his pocket which he also incautiously put a small fruit pie. The are he took out dui ate upon the road, but the ;Li ,of his h" being sulliciently secure. a part of the poison had. wil 4c. his knowinx It. fallen out upon the surface of the pm. Mf l eel aid was resorted to as soon as the accid:nt was &writ, ed, but the poor fellow's su ff erings terminated in deatil sr' ten day's of exerueiwing agony. „ re d II? At Wstergrass-hill, Edmond Barry. years. Itched berm • pensioner 6.S years—was al this !') tie of rountenoy, and I others in the ridge of Geed 11. He was six feet two inches high. aud rentarksbl) right—was able to walk a mite at least every day. Iletil ti° days before his death, and retained his senses to the lest_ L " d " Edited. Printed. and Publistird si Vie "Tilt 14TATEAx tN" and Tx' CONITITUTIO'4" (M. Paper). No. 191, Strand, npposlte itt. Ciestruf Ow — be It WA.RMI.I.. LI.. W. to 11,10/11 all Cera.maursh io Orders, Le. are reticr,ted to be addressed. / ss. so' sdi lii or boi BY mei COI ~~ 11 ~~