The Statesman. — London, England, 1818-10-28 00:00:00

. 'S SPIE CIL , 'VE Want of roma vaiseeellay prevented our livings full report rf %porch at ilia late hi n t.] Mr. Hunt proceeded to eddies§ the Jury in his-de fence. He said that he stood there as an Englishman --as one of their felloirscountrynvett, charged with therbeinows offence of issaelting tine- of his Majesty's liege 'Ojeda. Had 1. stood there charged with committing a wanton and suptovoked -essault .upon any men, he knew that both the Jury and the Court would visit his offence in the manner hich justice would demand.- lie would not insult the under. standing of the Court or the Jury, by retaliating bpon the Learned Counsel wfio opened the case, for the manner in which he hod endeavoured to prejudice the Court against him. The Learned Counsel must, • Indeed, hoer bad a flimsy opinion of their ender stauditigs, Oen he thought such a statement as he had made could influence their judgment. He (Mr. How) knew they could not 'be iaLeasily imposed bpou—he knew that be stood . before twelve honest • inert, Ind be would with con6dence, is an Englith. moo, call for their verdict of hot guilty when they h - ad fairly considered all the circemitances of his • - tale, because he could convince them that he bad ' attendant joitification for his treatment of Mr. Dow till. He was in a coodition to prove that Mr. pow. P I came and assaulted bitp behind his beck, while ine was acting in a public capacity. ou the hosting:, in . sliovent.gerelesto- while he stood there-as a Candidate, a lmally and duly qualified to represent the City of •:.)Westroirister in Parliament, and as such recognised ;by the electors trho supported him. Standing in such a situation, be ought to base had (for he wat legally ...entitled to it) the protection of the High Baitiff r and ,: . 4 11f those persons whom he had designated as con. 'stables. instead of having this, he could prove that Abe very High Constable himself— • :1,1114r Hunt was now interrupted by Mr. Alley, and the Chairman interfered to decide the point in des lute.) Mr. Horst said, that after the very handsome man. 'ber its which the Chairman had addressed him, be .e.ssekt enure him that his admonition @hash, not be lost on him, and he sincerely thanked the Learned , Counsel for the abrupt interruption which bad led to the sobservarions jest made by the Chairmen. He was certainly before the Court without the imposing ad vantage of a gnosis ao.d wig in msking his defence, 'sod he knew he might be considered as fair game for ibe Gentlemen of the long robe, as they were called. • indeed, it was a Part of their quirks and tricks to in. • WNW each'otber, /or the purpose of disconcerting the speaker wbile addressing a Jury, and throwing bhp oil his guard ; and be, of course, was prepared to come in for his share of interruption. He had, bow ,siter, made op his mind upon the matter, and even had the Chairman, instead of being so conciliatory towards him, adopted a different lone of admonition, he had, a • little in Mr. Dowling's style, when he contemplated being assaulted, fully and coolly prepared himself for the manner in which be would have received it, _ _ and, just as Mr. Dowling had done, made np his - .Mind as to the line of conduct he would have por ed. He again thanked the Chairman for his po. tenets, and wrested, that if, in the few observe (ions he had to moist., he should fall into any irregu. Artily, es the *lightest irrelevant matter (neither of ' 4bich be intended), the Court would instantly inter. • 'ept him, artd In an instant he would desist and ac ,-Sitiesce in the correction of the Chairman. He then . seamed his address to the Jury, and said, that they -hall heard from the Prosecutor's- own oath, that be bad gone to the hustings in Covent-garden, while he ,(11r. Hunt) stood therein a public capacity, and as asulted him, with the avowed and premeditated in. .tention of provoking him to commit one of the worst -species of assault—and yet such a man as that.nnw asked them to find another guilty of a breach of the peace ! It had often been said, that a Plaintiff attoold come iotn , Court with clean hinds; would any _mon say that Mr. Dowling, came ibto Court with clean hands ? They heard .from ilia Chairman that a natural allowance should be made for a short pe slot' of irritation and provocation. When Mr. Dow .ling mes before_ the Magistrate,' after the affair at 'Covent-garden, he unequivocally admitted that he Antresitled to have given Lim more blows than he hsg titoilicted en the hustings, and would have done so '5, ere it not for the interposition that had occurred. Mr. Dowling fully kites, that as he (Mr. Hoot) was not bound over to keep the peace, the very nest time be saw him out of the protection of coostables he would give him an opportunity of finiiitiug the horse-shipping he had begun at Covent-garden.— This,,be admits, he was fully prepared to aspect; sod the first time be met him happened to be when he (Mr. Hunt) lied just finished looking at a Paper in al.ltr. Clement's shop, full of infamous invective against tint. On observing Mr. Dowling enter, what bad lte done? He merely invited him to finish his horse. wrhipping, and for the assault he -bad committed is 'Covent-garden he gave him a slight blow, which only lied the effect of knocking off his 'spectacles. Mr. D. then appealed 'tar his abort sight, end said he could i s uet see to fight; he never attempted to follow the blow up by further violence, or by any act which indi. cited a disposition of strong hostility or resentment. !Pm foamed Ceetosel had said that be hid a volume of instructions, sod could prove his statement by a :variety of witnesses. Where sate they all ? And was it not fair to infer, that because they were not called they had nothing to prove in support of the Learned Counsel's assertions ? The Jury must at *once perceive that he had received more liberality from the Chairmen than he had from the Learned Counsel. The Wier bad said, "We will pett you At the Bar." The importance of the " we" remind ed him of the assumed air of consequence of the organ-bellows blower, who said, 46 How beautifully tee platted to-day at •thurch." So -much for the [.earned Gentleman'* consequence. Now respecting the present charge, they had heard from the Prose- , cutur himself, Omit he had gone and committed upon him a premeditated assault, at the hustings, in Co vent-garden ; they were as capable of exercising an honest judgment upon right or wrong as Mr. Alley bed flatle t ' . and it was for them to look int.stheir own breasts,' tail say if, under similar provocation, they "'paid isotliave treated their assailant as he had done . til t .hi' thi • first place where they happened to meet flint.. Anti what would they have said if he stood Xifitl4k them oft bit tria l for shooting Mr. DoWling in a'doiil WhaliTtitaltraii tray of a man Fuisucrg also* . . . ther to bistieeth who was es short-sighadairs9y• be' cod not .see 4 moo well enoegivto lightAis Would they not cooceive be deserved the severest pertishment ? U, indeed; 'tlie person who Main suited him before the trial commenced; sod who was in the garb of a Gentleman, should come out of Court and re seat his determination to orend, be (Mr. Hunt) would soon let him see, that be was as ready as any man alive could be to pursue the course °pet, to a Gentleman, when any person vestured to offer him offence. He knew where he stood, and was snare th.t a Court of Justice was not thrl place in which he should state what in such a cue be would do, he would therefore drop the subject. Respecting Mr. Dowling, he would only say, that he bore no hostility or animosity towards him ; , he thought, that if Mr. Dowling bail consulter ;a l own feelings, antinot listened to evil advisers, he would not have come into Court this day. lie was the ori: ginal aggressor, and bad come off with a slap in the face, in return for his assault with a horsewhip. If, under such circumstances, the Jury could return a verdict of guilty, against a man who had been so treated, be should certainly bow to their decision, though be was:convinced when they afterwards re. flected upon what they had done, the recollection of it would not be pleasing to them. He anticipated from the impartiality of the Chairmen, that they would hear from him a recommendation to dismiss altogether from their minds, in the piesent considers. Lion, whatever had been his . public and political con. duct ; be that right or wrong in their view of a matters,. was a question wholly irrelevant to the en quiry with which they were, on their oaths, intrust ed. if a man could be attacked is be had-been; and then found guilty in a Court of Justice for retorting upon his assailant, there would be an end to the ex ercise of the boasted feelings and ipirit of an Eng, lishman. The Chairman would, doubtless, lay down to them the law—he (Mr. II.) would not therefore refer them to the books of any great legal authorities any further than to say, that from the time of Lord Coke downwards, it had been held that a man was not only justified in repelling force by force, but that he was further entitled to bring an action for an as. sault against the party who had first assailed him, even though he should have retorted blow for blow on the aggressor. Ile would call no witnesses, but cheerfully left his case in the hands of the Jury, and would bow to their verdict. 7 -7 MIDDLESEX SESSIONS, Ocr. 27. THE DING V. NIGHTINGALE. The Defendant in this case was indicted for wan. tonly assaulting the Prosecutor on the 19th of August last, by breaking his windows at eleven o'clock at night. Mr. AJDOLPHUS stated the case on behalf of the prosecution. The charge, if proved, as he bad no doubt it would be, was sufficient to excite the indig nation of every honest and independent mind. What. ever his own feelings might be (and he would frankly own they were powerfully excited on sett an occa sion), he treated the Defendant would nut conceive that in the expressions he mighOse obliged to use, be meant any thing personal. At the same time, if the evidence was satisfactory to the Jury, it would be utterly beyond the power °Cleavage to empress the indignation and contempt which one most feel for a person who could be gu4try art seek a wanton out. rage on public decency sod public peace. nippily the Bar was distinguished for the liberal terms in which they spoke of every person, rich or poor, and he trusted the day woeld never arrive which would see an English Advocate avail himself - al the privi leges of his situation by indulging in abuse. After going through the evidence be was about to call, the Learned Counsel animadverted in the most se. were terms on the Defendant @sating use of the words —"that his honour prevented hie disclosing the aims of his friend who had broke the window." For him to talk of homier was wonderful. A man of honour to go about breaking windows!! One had re. peewity heard of honour among thieves and among persons of a more infamous stamp. But was it a proof of honour to see a dandy going about and an uoylog peaceful families ? Much better would it be for such creatures to assume the name of Mohawks, as had been done in the days of Addison (for then we had no dandies, but bucks), than assume the fe -1 utinitie name of dandies. Whatever opinion a dandy might have of himself, certainly he W 00.4 thing not fit for social purposes, sod he trusted the creatures of.the present day would find the law more than a match for them.. If the dandy supposed that break. ing windows was a new invention he was much mis taken, for the very same thing had happened a cen• tury ago, only with this difference, that the bucks at that time broke them with halfpence, but our mo. darn dandies did so with atone*. The Learned Coun sel called then the following witnesses : Mr. Denison stated, that he is a surgeon and- apo thecary, lia&og in Duke-strut, Manchester-square, and has dune so for forty years. He was sitting at home on, the evening in question (10th of August) in the midst of his family, the window.shutters net being closed, and his wife bring within two feet of the window, when a gceat crash was heard, whiCh broke two panes of glass and the window.tearne. He found a large stone in the room, which unquestieue. bly mast have been carried some distance, as no such stones are in the street. Heird the watchman ay out some time after. He went out and.found lOW person in custody of the watchman. That was the Defendant, who said a friend,of his had done it, but he refused to give the name. He was taken to Marl. boroegh-street, and held to bail. Cross.ezamitted.—When takers to the watch-house witness did not desire he should be put in the black hole. Did not hear his daughters make use of able. •sire language to the Defendant when the window was broken.. Does not himself know that the Uefeudant was _put in the black-hole. Re-esamined.—The Defendant has never yet dis closed the name of his friend. James Weal was in Mr. Denison's house, and hr corrobora'.d the evidence of that Gentleman. Saw the Defendant in custody, who had been caught by the watchman as he was terming sway. Defendant said his friend had run off in a contrary direction. Defendant seemed to take all easily, and used some slang terms, which witness does not recollect.— Doubted the truth of Defendant's story relative to his tesidencrand' peofestioe. ' - gTATES*Ar4. ... - FIRE. of the eyes. Vllet , • Cross.ezansined."—Dses net know the author of a lettir which was sent to this-Newsoapers purporting sfi3Ost with the signetore of Mr. Nightingale. /sines 13pcklry corroborated the above. Crois•exatnined by Mr. •Dowt.nrc.— Several very abusive epithets were given to (he. Defendant in the watcli.house. Patrick Connor, a watchman, was on duty at the time is question. It was a int moon-light night, and he saw the Defendant runoff. No other person was iq the street. He was near the house. This closed the rase, after which . Mr, ALLEY contended, that them had been no case made out in law, as no assault was made out, and as the name of she rallies was not in the indictment. The COO at aver-ruled the objection... Mr. ALLEY then addressed the Jury on the behalf of the Defendant, who, he stated, was the descend sat of a Lady of rank, and held a situation In the army. lie solemnly protested that he had not thrown the stone, hut that it was done by his friend, who hap pened to be intozicated, and whom be was conduct ing home. • The CHAIRMAN thargeAl the Jury at great length, and severely censored the conduct of the Defendant. In the course of Ili} charge be warmly applauded the conduct of Mr. Denison, and stated his sincere re. gret that the Defendant had noised. an apology, as he ought to havedone, and with which Mr. D. would hare beets satisfied. He held the Defendant guilty in the eye of the law, and assured him, that by Blend ing for ward as the champion of his friend he identified himself with the crime. A fins would not do here, as a mote severe: punishment must be awarded, and the Jury would therefore come to such a conclusion as public justice called for; the inhabitants of the country were bound to be protected against such con duct. The Jury then considered for a minute, and the Foreman turned round to give the verdict, when Mr. ADOLPHUS requested that it might be delayed for a few minutes, whileke conversed with Mr. Alley. 'rhe CHAIRMAN was not desirous that any punish. meat degrading to a Gestlearan should be inflicted ; but most assuredly the offence was slue which could not be lightly passed qtr. Mr. Nightingale expressed himtelf willing to do any thing the Court might direct, but he would not acknowledge himself guilty. An apology was then drawn up, which having been shown to the parties, Mr. Nightingale read in open Court. It was nearly as follows :••-• 66 No one can lament more than myself the fact having been committed, and I am extremely sorry for that or ony thing else that might have given of fence to the feelings of Mr. Denison." We understood that a fine of 501. was also to be paid, and applied to a public charity. A Juror was withdrawn, and no verdict was of course given. The CHAIRMAN then addressed Mr. Denison, observing that his conduct had been most praise. worthy during the whole transaction. The Public, he said, were the more indebted to him for institut ing this prosecution, on account of the rank of the party accused. With respect to Mr. Nightingale, he was happy that, at last, this. course had been taken; and he could have wisbed that it had been adopted at an earlier period of the case. He really believed that the Defendant bad spoken the truth, ebeakeltaid tint he had not himself thrown the stone; bet the-more jest and equitable mode of set. fling the matter would have been, to have brought forward the friend who actually did commit the fact. If an apology had been made at the proper time, all this unpleasant proceeding would have been prevented. Yesterday. a little before one o'clock, an alarm ing fire was discovered in the extensive premises of Mr. James Sada, carpenter and builder, in Grey. stoke-place, at Ike back of Fetter,lane, which soon destroyed the workshops and dwelling-house. It is supposed that this fire originated io the boiling over of • pitch kettle, left accidentally by the workmen on their going to dine. Eugines multi arrived on the spot, but the confined situation of Mr. Sadd's pre mises prevented them from acting -with full effect...— Two of the workmen had • narrow escape from death, one young man was much scalded by the dropping of the melted lead , from & pipe, and an other's hair was burnt. Elim Chapel was partially ou fire, and No. 7, in Greystoke.place, has scarcely it whole windoW now remaining. Great apprehen sions were also at one time entertained for Mr. Bur. der's Meeting.hoose,which backs the premises of Mr. sida. About four o'clock, however, the firemen Wad succeeded in subduing the flames, and that popu lous neighhow hood was happily relieved from the ter ror of conflagration. Mr. S.'s loss is already estimated at upwards of 10001. Volumes of mingled smoke and Qam• were observed at SOON distance from the ems of destruction. Nsw MILITARY HOSPITALe. , TIMICIP is POW sag &event Hospital boildisig in tbo Maissoy Park, solely Wended for soldiers sleeted wit k Optbsismio t sod A farmer in Souterettshire died lately, leaving pro perty to the amount of 20,0001. and a wardrobe whilst, was valued at too shillings and sixpence! /WM? SINECURSI.—.Sit DA♦ID LINDSAY, ell old Scots poet, was a man of both courage and wit. The Kin being one day surrounded by a numerous train of Nobility and Prelates, ItousAu approach• ed film with due reverence, ■nd began to prefer an humble Petition, that he would instal him in an office that was then vacant. 64 I have," said he, 4; servit your Grace tang, and luck to bit rewardit as others are : and now your insister taylor, at the pleasure of God, is depute', therefore I would de. ,sire of your Grace to bestow this little benefite upon me." The King replied, that he was amazed at such a request f►om a man that could neither shape nor sew.—." Sir," rejoined the poet, ' 6 that makes use matter ; for you have given Bishoprics and Benefices to moray standing here about you, and yet they can nouther teach nor reach ; and why may not I as well be your taytot, thoeht I can neither shape nor :sew ? seeing teaching and preaching are nae less re. quisite to•their eoCation ) Urn shapi ,, g Ind sewing to one ta) tor." • c: ~.~ . „ POLICE. --ow MAtoision-noose.--Yesterday, Mr. Godfrey of . the Ssracen's Heed, Aldgete, c h arge d uo , n ' ee shewho h s e e d na i m n e he is r tiom,bes.e,poriensnu,orwerats, fEr_oinia:thei4F7trkiddaswyptoilisof;4:, with having stolen •haut 510 i. worth of ( "sifters. U s Prisoner came re his house for a bed a n d thtr nest rationing w*s seen waddling acmes th e yard prodigiously incteased in size. Sesp ov i ng that she had with her more than she brought in, i ss ordered her to be searched. At each aide, ender her clothes, was a large bag filled with feathers, and, ip the front, one of monstrous aize. they were son / from her waist by cords. Upoh ex am i n i ng the bed he found that half tbe feathers were t a k en N e i? , and that the Wain the tick had been eery newly stitched up. Besides the 47 duplicates, a bond Of keys were found upon her, and several mails s w other lusts-uproots by which locks could be opened. —x She is a woman of respectable appearance, and nearly 60 years of age. Mr. Godfrey said, he was sore she robbed him 12 mouths ago of feathers, in the ' way.—Remanded. BOW-STUEET.—Tbe Lady calling here ta t Bruce, was examined, a third time s ye s t er d ay , Joseph s hatter, in Borpstresit, stated that she b s d lodged i n hi s h o use, and paid him honourably, that he knew her by ho other name than that of Lady Bruce, and that he was not swore of her incurr ing debts with any body. Mr. Jupps, the hatter 44f Bond-street, did not attend. Mr. Lewis, the Lady's Solicitor, sail, that Mr. Jupps bad been desired to send to her for his money. He had not done so, bet Mt. Lewis supposed, that he did not intend to pre. fur any charge against her. Mr. Jupps's eterk assented to this. A Gentleman in the Office ens stated to be ready to say, that ha hsd human the Lady for fifteen years by the name of Lady Bruce. The wine -merchant, *loose wine had beep seized for rent, said he should not hare applied at the Office, bet for the manner in which he was treated by the person in possession, who said tlis wine would go towards the rent. He had given tlis broker notice not to sell his wine. Mr. Lew is 141, that the distress was improperly pot into the home in the Lady's absence, when all her private lentos were opened. Messrs. Harding's clerk said she had professed to be recommended by the family of Lord Harrington, but they knew nothing of her. A Gni. 'lemon in the ollice said he had known her by the name of Lady Bruce, for two years, sod the Ma. gistrate said, that he had letters in his pocket to the same effect. The distress in leer house was no prosaf of her having absconded. Mr. Lewis raid, theta person s w be had gone round to tradespeople, aI:4W% them to appear at the office, and charge Lady B. ebb swindling, would certainly be prosecnted. The Lady was then discharged. She was not placed at the her, but on a seat before U. She was dressed in a long fashionable mixed woollen cloak, a large Leghorn bonnet, and a veil. MARLSONOUGH•STREET.—Yetterdoy Mary Ilati was remanded for stealing ten 51. notes, the lira petty of Miss 11. P. Young. The Prisoner had been hired in the family of Mr. Young, a Solicitor, t hrougb a fictitious character, purporting to be written by Mrs. Parker, of Walton.upon.Thames, who had, eke said, gone abroad with her family. Slte had pre. 'lonely stolen a geatitity of tea, aid.% silver spoon, which was found In her box ; bet Am was forgiven on her stating that they came there by mistake. At last she absconded without asking for her wars ;sad when taken hid another fictitious written &tutu In her pocket. QuEtv.sQuAns.—A young women of respectable appearance *as charged with robbing her ready-fat• nished lodgings. She had taken them in conjunction with another. At first they paid their rent regalarty; but at lag got in arrest to the *mount of 51. The Prisoner went away, add In a fortnight after bee companion left the apartmentt when it was Wed stripped of every portable article, and the duplisates in a chest. The Prisoner denied having made sissy with any of the property, and her uncle promising to make it good, she was discharged. WortsitlP-STneET.—J. and Sftah Coggin were remanded for robbing a number of ready-furnished Lodgings which they bed occupied is Sboreditth and Its neighbourhood. ROZBERT.—On Monday night, between ten sod eleven o'clock, the Windsor Castle public-hover, is the City.rsrad, was robbed to a considerable amosel, in the following manner :--A lighted squib woo thrown into a room where s company of Gentlemen were assembled, which caused great confesion while the landlord was endeavouring to find oat the pod son who discharged the squib, some person , or p" tons went into his bed-room, and broke open a' Croak which contained 11916 in Benk.notee, two guinea", two sovereigns, and 501. worth of silver ; sit silver tea-spoons, two silver salt-spoons, one silver atom turd-spoon, marked R..E.13." in a cipher; trio forge gravy spoons, a large silver pap-spoon„ marked 5.8." in a cipher; two getd Witches, and I topaz, and a quantity of old gold', with which al thieves got clear off. DIED. Suddenly, on the 24th Wet.. at bis boogie, Beaufort-Iw'W' lop, Strand, Dr. It. Clarke, hate of the Royal Navy, it! the 64th year of his age. • COAL MARKET, Ocr. Shins at Marko. Skips Sold Price. It} Newcastle b Sunderland COURSE OF EXCIIAI' Amsterdam, 0' 0 B. () U. Dino, at night, 0 0 Amsterdam, II 9 C. I. Ditto, at sight, 11 6 Itosterdass, 11 WU. Antwerp, 11 13 eft. wo. Hambargh,:il 3 U. Alfons, 14 4 U. Paris, 3 da‘s's sight, 21 5 U. Ditto, 24 76 U. lioordeatis. 24 . 70 U. Frauk.oa the Nlaine, Mecum Madrid, 4t) effective Cadiz, 40 ell - retire Thlboa, :191 Neville, 39* Gibraltar. 34 iGE; TUIMIDaT, OCT. 7. Leghorn. 516 Genoa, 46.1 Nls!ta, 50 'Venice, 9S 50 • Naples, 4:4 Palermo. 119 per oz. Lisbon 58 Oporto, J ' A3 1 kw Janeiro. 67 Dubtin. 4 per Cent. I Cork, 14 per Cent. 1 A gio ot tar Bank on Minna,* Portugal Cold, in Coin, pet OA. Gold, in Harr, 4'. Ir. Cd• -New I.Nollar, Er+ 41d. Marron Bats, wanaro.4id. ___. I. I •NDON r Printel Pohlrfb..l t.v D. st STATEVIAN CFvicit. No. 4. SaLvLtiry FL:et,:" 6. 3 ~~ r ' , I