The Statesman. — London, England, 1810-07-19 00:00:00

i r l4, mate friend of the Plaintiff, and also acinainted with the Defendant. The message left for Dr. Bevan was, •! That he might read the pamphlet,. • and there see what 'a rascal Mr.. Williams was.", There were manuscript marginataiites in the copy so left for Dr. Bevan's perusal. The Defendant also shewed• the witness a large caricature, in which the Plaintiff s was -represented as passing from the gallows to the infernal regions. Dr. 11.. van proveal the writing ow. the copy of the pamphlet 'left for him to be to this effect : • " This is the man who said he was practising only' to keep pettyfeggers and rascals out of the pro. fession"—and concluded with these words, " Who is the rascal nun ?" Mr. Edward Phillips, Postmaster of Mon mouth,,• proved that the Plaintiff bad introduced to his observation a copy of the pamphlet, with mar ginal notes hi his own•writing, drawing the wit. tress's attention to the c tricature print. The De fendant observed, " There's Bobby.," meaning the Plaihtiff, painting him out as one of those whotn the Dail was driving into • hell. 'rho Defendant • afterwards took the book, opened it in a particui lar part, and said, that " they," alluding to the Plaintiff and others, " were perjured scoundrels, and not fit to he entrusted by any person." The Rev. Win. Powell, of Monmouth, also proved that he had purchased one of the books in question from the Defendant. Mr. Allpress, an attorney, at Ahergavenny, proved, that when he was in Aloninouth prison, the Defendant hail lent the pamphlet to him, as a thing likely to afford him amusement. • Mr. Pawles, a clerk of the Plaintiff, was ad. ducal, to prove a notice on the Defendant, to produce one of the large bills, relative to the sale of the pamphlet, said to have been publicly hung up in the Defentlaet's Office. On his cross-exami nation, he admitted that he had heard the Plaintiff say, that he, along pith Price and Powell, had paid 3001. fof compromising an action brought by Jones against them, for, suing out an Improper Csmunision of Bankruptcy. .against Jones. •Also that he had paid the costs in Chancery, and . that Powell was to bear his own costs in tin:Common Pleas, even after he bad hoard .a verdict in his favour; and, that these latter things were done in consequence of the decision of the Lord Chancel• tor. lie did• not. understand from the Plaintilfil however, that • he had raid airy part of the 3001: to compromise an indictment against liim•for per. , jury. It was also proved, that the Defendant hal the posting bill relative to the publication in question, displayed in the most conspicuous place of his office. Mr. Serjeant BEST,. for the 'Defendant, ad. milted, that nothaving put is a plea in justifica tion, he could not. ask a verdict in• his Carotin It appeared that the paper had been. published'by the Defendant, and lie was afraid It must be ad.: milted that the paper, was a libel... His Learned Friend (the Attornee.General), and he, how ever, had very different ideas of-the nature .Of the off,ttee here committed. Rig Learned oFrieenl had represented as if. no slim, however.great, not even' that which miglifibe adequate to the payment of the national debt, could compensate fur the in. jiiry which the Plaintiff had sustained. He (Mr. ..Serjeaut Best) contended, that it might be Co vered with the coin of the smallest denomitiaaion known in this country. His-Learned Friend had even abandoned tee first count in his declaration, rather than let his Lordship and the Jury have a peep beyond the curtain on the other side of the hall. Every body knew that certain high char a c . •ters ha d said strong things on the subject of the Plaintiff's conduct—so touch so, that nothing said In any publication like the present, could add to the authority of the statement ; and, of course, if the. Plaintiff had no character to lose, he could not be injured by the repent publication. The name of the Author too, was not imaginary ; and if the Plaintiff had been anxious fur his cha racter, -to him, who might have entered a plea in his justification, would he have gone. 'the order of the Lord Chancellor, superseding the Commission against Jones, and ordering dif ferent parts of the costs both in the Commission o( Bankrupt, and in differedt actions at law to be paid by the,Plaintiff, and in some instances by , him jointly with Powell and Price, was then pal in and *read. Sir S.,ltown.z.v, who had been Counsel for Jones, was then adduced as a witness. The ATTORNEY GiNensr. objected,. on Ate ground that nejustification had been entered. Lord Erzehaiiibban said, this mil only meant in mitigation, not as a total vindiCation, end it would ins going too far to huttl that betels'. Otis. tiication had not been entered, the Eittendant must stand before the Cour4, as if etery . Ming he bad alleged was •a fiction. „ ' The Ai-roans . : GENERAL- applied (Oft Bill of Exceptions, which was allowed him. Sir Si' RaxictAr was then examincd.—" The' ease," said Sir Samuel, 64 occupied a caniitteriblo time. The Lord Chancellor certainly knit:id.. verted onthe conducauf Mr. Williams, I thought, with severity. • I cannot take on myself to state any Or the •words histordship used, • but I• think I can Say they were not the wordiiteted in this, publication. I • remember perfectly well a good deal was said aboittafidavits. I think the ford Ckaneellor said thetiblavits of Williams weeliatit reconcileable"— • •.• ' The Ai-reit/my Gkrtivtat again objected, but Lord Ei.t:Ewsoitoatiu could -net see any'. thing ju the objeetion.-.' ' • Sir S. Romir.r....r prieWeded—” I think the 1. 4 .0 rd. Chancellor s'aid, thlit Itfitlaefis . 'of Williams . were not reconcileable with some papers which appiared under his can hand. 'llOalch6-said ''These were not the words • bat . •this I. ,take 'the substance,of whit hi;:tordtlip , ' Mr. Patiocs-,- ( f•Diti 4140 Atilsbip oy to thing about an aetion is CcitildePleas?" • Sir S: Item more...Ai Heidrtaialidid. Thativis tan impiirtant feature hi tbd,Raile: . Bit h' do dtit. recollect what he dittswir..”..: , . • • ! Mr. PA mita War ihei.e. spy thing sahribout the Dokket Bond ?". .; • • Sir S. Itieatv.z.v- 0 141failly do not recollect what he said aboUt it: He certainly spoke about the•bond given by the petitioning creditor." s . Mr. PARKa-L" Do you rodolleit verbal ques. lions having been put to Mr. Williams ?" Sir S. Rostita.Y... 4 f Such questions certainly were put to him ; but uot-recollect on what subject.." • • Mr. WeterutitAu., who was Counsel along Roinilly, deposed to a similar effect. Other Amidence was given, to prove - 14U the Plaintiff an 4 his friends had been found liable by the Lord Chancellor in costs,. &c. to Julie& The ATTORNEY-GCNIEIiAL replied. Lord EILLENBOKOUGII, in addressing the Jury, held, that though• the character of any person GAM labour under an infirmity, -it .could not he. peMnitted to any one to take Advantage. of that Ctii•emstance to give it the coup de grace. Here the conduct of the Plaintiff could not be said to he Without blemish, but still the Defendant was not warranted in taking advaneage of thatclrcumstance to prejudice all his neighbours against him. There had bean no justificatiou, and the only windup was as to the quantum of damages. The Jury were not to give to' the Plaintiff that 'tnea. sure of damages which they would 'Adjudge to a man uf. entire and unsullied fame, who had never done, any thing. that was wrong. Here it was obvious the Plaintiff had misconducted him self. They would net, therefore, give him what damage they would award to a man of unbiemishe ed. fame. They would give him what might seem a reasonable and moderate recompence for the in. jury they might suppose he had actually sustained. For the Defendant was not warranted, because the Plaintiff had over-stepped the bounds of pro priety, in holding him up as a monster to all mankind. The Jury, after a ew minutes consultation, gave a verdict for the . I‘iiitilf—Damages 1001. Lord ELLENOOROUGO agreed to certify as to Costs. COURT OF COMMON PLEAS, JULY 18. Sittings before Lord chief Justice AhNSFI WI; di IVestniinster. LUCAS WILL AN. This was'un action to recover compensation in damages fertile injury, which the Plaintiff had sus tained in consequence of the negligence of the De. fondant and his servant. The case which occupied the Court duviog the whole of the day, nearly we* Wind/stance as follows Plaintiff had taken his placele go to Liverpool on. the outside of the Defendant's stage coach, . which runs to that town from the Bulrand Mouth Ina. Thrs coach had proceeded about one hundred and fi fty miles on the journey, when 'the . nitle-tree broke, and the.shock threw the Plaintiff off, by which, his thigh was broke, and ho remained for several mouths undec,the care of a surgeon, and although partially recovered, yet he will remain a cripple for life, one leg being in coniequetic rendered' *slierterlhan the other. Seferid witnesses were examined to. prove the al.. tegaiions of negligence, viz. that the irxle.tree was.. Wolin a sound state, so as to warrant a safe jour ney suck a distance, pnd that, the coachman had net, %Wit driving at Dttirjous rate down a hill, taken the precautiorV of locking the wheel, the. carriage thereby being overturned. On the part of the Defendant, Mr. Serjcant Sur:rut:RD stated, that the Defendant had taken , every pr,s;cautiou to ensure the.salety of hi s pasT setogers, for the coach had been properlyezamlbed, it was in good order for the journey, .and the pe cident arose purely from its coming in contact with -an iron ntil-way which projected on the road. Chief Justice MANSFIELD observed to the Jury, that it was a -case for their convideration. They must decide whether negligence was imputable , to the Defendant's servant with respect to the axle. tree being unsound, and the want of due pre. cautioti. in not locking the wheels. .In either elite, if they were satisfied such negligence were to be attributed, then they would give damages so as to compensate, as far as damages would compensate, for the injury which thb unfortunate Plaintiff had received . . The Jury, which was a special one, after some consultation gave the Plaintiff a verdict with 1201. damages. OLD BAILEY. The Sessions commenced yeiterday, 'before Sir SIMON LE BLANC, Sri ALLAN COAMllig t and the BEEORDEN of the CITY of LONDON. George Freeman was capitally indicted for fe loniously breaking and entering the house of Geo. Bruniges, in Wentworth-street, and stealing therein a large quantity of copper coin, and a parcel of soap, value 3s. 6d. on the morning of L the.27th of June.. -• . This Prosecutor is a publican, and stated, that when he went.to bed over night, he secure d the - honed in the usual way; ()timing in the morning, .however, be found the shop-Window broken open, and the till, containing 41. in halfpence, taken 'w i sh twther with some soap, which lay on the' shelf. *lent• for an officer, who went in search ortiiedeptellaturs, -and from some information he retiefved, 'preettaed to the lodgings of the Prison. er, •whom hi found is bed with a woman of the town. On searching the room, he found a pocket handkerchief containing fourteen shillings in hilf pence, a chissel, a centre-flit, and a pistol, and under the Prisoner's pE low he discovered seven piecei s of yellow eqap,. appearance "ad weight corresponding wit that which had' been 'totem.— Ife seitc4l.tfie.Prl c ener ; and on comparing - the Akita found 6000 ;put/Ilene, with the fracture shutterin4;the' p r oi c tu to t 's :house, it app. 'ePearad as Vtte tool iiikbeesi Used, in making the. breach; il;fitted exactly with some impressions itiade In the headingsOf the Mar)) ilforiikvatpoir capitally indicted for.ae • seeking Jonathan Whitaker,.. on the night of the 11th 'of June, pitting htm (oar, and taking frio, his person three one.patind Pink of Eng- Presectstor - etated; that he was passing, thebUgh the Strand on the night mentioned in the indictment, about l t • o'clock, and being a stranger in town * he accosted the Prisoner, anti . requested she would direct him to London-bridge; she told him to go through a court ond turn Alp tl a neat. street, In pursuance of this iorototatitin,hosicut ,TR P., STATESMAN. I into the.court ; tho t onet followelgm, and • • putting her hand into his pocket, 'teak out the notes in question, one qt.which she dropped ; Witness endeavoured to pick it up, but was ,pre- s vented by some other women wh o were p resent. She then ran away, and witness called the watch man, who came pp, but MS Prisoner succeeded in making'her escape to,her lodgings, whither she was 'pursued. A constable was then procured fwm St. Martin's watch-house, who, with the Prosecetor, the watchman, and a German, who assisted in the pursuit, went to the 'room of the •Pihroner, who was in bed; they searched her .packets and•every part of her apartment, but no thing leading to her critnination was found. J. Schallenburgh corroborated the testimony of the last witness, as did the watchman who came op at the moment. Sir ALLAN CU/JURE; who summed up the evi dence, was of opinion, that the charge of putting in fear and . using personal violence was not borne out by - the testimony of the witnessei; and the Jury, after a short deliberation, returned a ver dict of guilty of stealing from the person of the Prosecutor, thus doing away the capital part of the charge.. . • • Win. Carpenter was indicted for felonloitsly put ting off a false, forged, and counterfeit note, pur porting to be a note of a Bank at Billericay, in the county of Essex, and payable at Messrs. Nor. ris and Butler's, Addle-street, London, with in tent to defraud Wm.. Clarke. William Clarke said he kept the Royal 0114 in Red Lion-passage. On the 23d of March tille Prisoner came to his house, in company with.two other persons; he called for some brandy end' water, in payment of which he•presented a one. pound Billericay Bank note. Witness said he could not give bins change. One of the other persons then said to the Prisoner, you may as' well get your brandy here; and it was agreed that they should take a bottle of brandy and a pint of gin. Thu Prisoner then again tendered the one. pound note, which witness refused to take, as it was a country note. The Prisoner then offered him a five-pound Southampton note.: but rather• choosing to take tile one-pound note, which he' sant , was payable in London, he took that, and gave the change. The Prisoner observed that it. was as good as a Bank of England note, and that he had taken it with many others that morning in Smithfield. Ho then went away with his compa nions, but did not return. Witness suspecting the note was not good, went to Messrs. Norris and Butler, No. 31, in Addle-street; but on in quiry, found there were no such persons lived . there. • The counting-house had been occupied by tome agents of that name, who went on' without paying their rent ; but they were persons of , ob scure character, very little known, who got their notes in circulation for the' urpose of swindling the public. John Teele, late the landlord of the house in Addle-street, deposed, that a man •of the name of 'Butter took a counting-house from him in 1808; 'he .called himself an agent. His clerks occupied the counting-house from four to five months. Witness understood the business -transacted was with the Billericay Bank. 'they went away in February, 1809, without any previous • notice, and without paying rent. Butler afterwards brought a broker to the house, who valued the fixtures in the counting-house, which witness took liquidation of his demand. Here Mr. REYNOLDS ) Counsel for the Prisoner, called the attention of the Court to 'au objection which he had to urge in favour of his client. It had. been already allowed, that a person of the name of Butler actually lived at the place where the bill was made payable, consequently no proof of forgery could be adduced, and the indictment ,of coarse became nugatory. In this opinion Sir Stmom LE BLANC coincided ; and on Mr. Kean., the Counsel fur the Prosecu tor, allowing that he had no other proof of the forgery to adduce, the Prisoner was acquitted ; but detained to answer for other charges of fraud which were against him. Samitel Smith and Francis Jacobs were capi tally indicted for feloniously breaking and entering the dwelling.house of Edward Abbott, in the , day time, (no person being therein) and stealing vari ous articles of wearing apparel, the property of the said Mr. Abbott and his wife. It. appeated that the prosecutor and. his wifet left their house in ‘Vorship.street ear!) , on the morning of the 4th inst. securing the 'loot u thcr. went out. On their return they missed . , the afa r cies in potion. • The Prisoners were detected while offering part of the property to a pawnbroker, in consequence of notice given by the Prosecutor of the theft. The proofs with respect to the female Prisoner were not satisfactory to the Court, and sbc was acquitted. Smith was found guilty of stealing only. Thomas Ricketts Lyon pleaded guilty to an in dictment preferred against him, for f eloniously marrying Charlotte Johnson, his forme' . wife, Martha Wilson, being Mary Fletcher stood indicted , • for stealing a piece of double-milled stockini web, value 375. 6d. in the shop of Henry Grove, St. Martin's- Esther Gamble, a little urchin, but 13 years of age,' was capitally indicted for privately stealing lace veils and other articles, of the va lue of 501. in the shop of Charles Harris, lace. dealer, No.. 4, Berkeley-square, on the 7th of June last. Tim prosecutor stated, that on the day mention, ed in the indictment, the prisoner came into his shop ; he was serving two ladies with gloves ; but on their departure, she asked the price of a lace veil, hanging in ahe window ; from her, appear. once, however, he was convinced she did not want to hey any thing, and he desired her to leave the shop. ' She immediately went out, and the mo , meat she mak gone, a -careiage drove up to the .door, and two ladies came out to purchase some lace., The Prosecutor went to a lace-box, which es os on the oppoiite counter t ; but found its contents werelakett away. In the evening he went to . Marlborough.street, and gave information of the rObbey, On tbe. fMtay felleWing t in cease.' •""Zgr'" 7--- • .4 314, 'pence ottbe Kira wbich was made, some pawn. brokers.wero discovered who had got part of the property in ,tbeir possession ; and the prisoner was apprehended.' then confessed her Jelin. guency, and naMeill several placeiwhere she had sold some of the irticles.• Amongs t , other places, she sold three. veils . at:Watids4ortb, and another near, Coldb.athAeldi. . Robert SpirrOvr, e s pawnlieker, slated that the Prisoner brought lace veiiitikentcessive days to his shop. On the fi rst 601 sitsibe took in the pledges, but on the third . application, suspicion arising in his tnind,• he soot -for an officer, and bad her taken to Marlborough-Street. On her 4odgings being searched, several - of the stolen articles were likewise found. Guilty—.a Death. PO LICE. HLTTON GARDEN.---YeSterOtty, W McG ee , M'Gee, and James M'Gee, their son, iipt seven years of age, and Eli:. Quigley, underwent their last examination, on suspicion of breaking open,the heirth,Oi the garret 'wherein thy' lodged, and letting the b934l4wn;Py means of ropes into Alower room in the Distiller's Arms, on Saffrun. hill, and stealing a linen And Tearing apparel be. longing, to the landlord, which,was hauled up b y ropes. Quigley was discbargeilq the boy sew ° the Workhouse, anal his parents folly' committed for trial. • ---------- - ____ HIGHWAY RGIVIERY AND EXTORTION: •• MARLBOROUGH-trrllEET.—Cane, better known by the nick-name of Pally Cane, who. stood charged with having obtained divers sums of money of a gentleman belonging to the . Medial Board, under a threat of Charging hith ialtlisii abominable offence, and alio willietealing - his Witch and gold appendages, was yesterday brought up froth N'ew Prison, and re.mtanitned. The case.haa been re. ported, and it will ire remembered that the Pri. soner attacked the. Prosecutor in the Acids leading to Chclsea,,and after having snatched his watch, he obtained money at that and other times by threat of exposure, and he was taken in Lansdowite.pas. sage, where he met the prosecutor to-receive loot. net ,to trouble him again. T h e prisoner_stated in defence,. that he had sufficient property, and Shit he belonged to the Coldstream Regiment of Guards * , and he was wounded in the intrenchments at Va. lenciennes, and afterwards discharged. Ile pro. Lased having known the Prosecutor (who .is a gentleman quite out of the reach of suspicion of bad habits) three months. The Prisoner was fully committed for trial, and on being takers away, he said lie should die innocent. A young man of the name o f I.„'lf e , dres s ed ass Naval Officer, and who is a Lieutenant or Surgeon, was charged by, a Mr. Pring with stealing a watch. It appeared by the statement of the Prosecutor, that he was insensibly inebriated on the night of Friday last, and at three o'clock on Saturday morning, he awoke from a sleep, and feints' him. self on the pavement in Covent-garden, having lost his watch and money, besides his hat, shoes, &c. The Prosecutor went to several pawnbru. kers on . Monday morning, to stop the watch if offered, but it bad been pledged by the Prisoner at Dame's, in Oxford-street, on Saturday morning, in the name of Pritig s , such tieing engraved on the • case. Yesterday morning, the Prisoner called again at the pawnbroker's, • and wanted to borrow an additional sum on the watch. A boy was scot to this office, whilst the Prisoner Wakkept in con. versation; but lie suipectodsomethhig, and ran off, bet was taken. 'The Prisoner accounted for the posoession of the property, by stating, that lie hall bought it for a pound note, of a poor distressed woman of the • town, on Friday night, and that 'the n o te hese . .' all the money he had, he wandered the Streeta;' . ' 4 night, and pledged it next nioriiiiig',•:•7 . , , ...,.,.:.,, The Prisoner was remanded foe'isoatik iir • resatiou. I . Quteri.socasta.--Several respectable babes: dashers, from the neighbourhood of•'Bloomsbury square and Pall.mall, made their 01)0i:entice bea 3 fore Was. FIELDING, Esq. the Sitting Magistrate, ~ to answer -to charges preferred by . tyro Wieder ' belonging to the Customs. They *ere .'eftt4 7 4 ,' with having in their possessions Oath); of tratnl':" Jana handkerobiors„ French gloves, and •othea vekr, Wilde prohibited articles. • They- were conslcti4e7'.• and ordered to pay their.. respective fines,. Whilr .. 3 . was done by eibh, before they teft throffici... ) : • ' 1 2 . ; - _.....• . . e.••.4c.: • ~ • ••' Tuesday as a party of ,yoniik-Ladies and GO.' ticmen were going down thwitaler• In tObkihriato view the launch of the Queora.Cliarlotee, it V% ag ford, one of the young Gera( Peelle Ml o'verbe‘rd• and w as• on Arai unaiety ds-crwited. itea -.I:C, iti;e A fire broke seat •early. yeoordaptilbecniegrlA * cottage in the liarrow.roat4...beseefind• by .1910- Phellip, A widow:. Tliedinuselits.desiroysd; WV. ‘ the'weater pall; of the fu'inittitre•wan)Al/11: - 1 :' , !•:f. :. ... .. A . day Of tiro ago, - taeo-evrinitryineterklie" l l — .• drunk together at The`Swait Itiii;4llslsiiiitet . atl their reckoning 'amounted to four Shillings,' and ‘ nut being able to discharge the sa ble with .cash, one of them tookseine bank-notes frOm hit packer, which being observed by two other nice, these 101 accused the countrymen of passing forged otitis, and took them by 'force from the cuuntrytneer l iwkat were a little in litinor ; wises they had (Woe this, they put them •in.the Uxbridge coach, Oath hall" petted •to come.ir p, -and' oedema! them tole taken to Uxbridge, saying it was-ill their power to hang them. Yesterday, however, an Otlicer arrived, who succeeded in finding these active gentlemen, and had them conveyed to. Uxbridge, for the par• pose of undergoing an examination before a 11a. gistrate. • I • I 1)1+.1). On Tuesday, the rith, at the Rectory, St. Paul's CraY. Kent, in thel9iii tear of her ;Mary Arabella, screed daughter of .lotto 1 1 4 -arson, Esq. of Golden-squaw, utrelut, • - ' . Paltat. OF STOCKS Y EST kat 1) kY. Bank Stork Ontidain li lif dis. . .. ' 3 per Ceat. Red..e6Pll I I lndia Stuck roil 1 per Lela. Cons'( t utili India 1101144 10 15 prem. 4 per Cent. ttn. Site 1 Klica. Suds Ss. dis. lc. pr. 5 per Cent. Navy Wt. 98;j ' Comsat: , rat Arc. 61 1 4$ Long. Ann.. IS 9-16 I Lotter,' Tick5______ ..... : ., :........•. ' • -_ —_...',.. --- at the LONDON (rimed and Publi 4ry D. Lo V 4/111116111A Ore ICII b 7, Ineet'street• - ;, T f Ill'"