The Statesman. — London, England, 1822-07-25 00:00:00

t 3 ! • 111 a ASSIZE LiTiLLIGENCS. NORTHERN CIRCUIT, YORK, JULY 22. tRZACH OP FROMM OF SIARRIAORICIIISDAL O. ROOM Mr. F. Josrvi opened the pleadings. Mr. BROUGH•111 Shard lite case. This was 1111 ac tion of damages for Breach of Promise of Marriage, accompanied by the aggravated circumstance of the sednetion of an innocent young wmnan, and the birth of a female child—the fruit of a criminal connexion into which his client had been thus deceived aid de- luded. The plaintiff, Margaret Kendal, lived servant with a Mr. Cooper. in the city of York. The defend ant. Mark Rook., lodged in the same home, sod in the years, 1816, 1817. and 1818, eentioned to keep up an intimacy with the plaintiff, of the character of hononrable courtship, and ultimate promise of mar riage. The Learned Counsel trusted he should not hear a whisper escape the Jury about the mental situation of hie client. She was the dangbter of creditable pa rents, her father having far Med his owe land. The defendant was an innkeeper, in the city of York. of somewhat libertine principles, but of good fortune, and after repeated promises of marriage. he accom plished Isis dishonourable purpose. of which the eon sequence was a female child. The plaintiff continued his system adsorption, and ie convonatien with the brother sod sisters of the plaintiff. after her deli-, very, still avowed hie intention of marrying her, averring be could never think of marrying another woman. • 1 The defendant, after having effeefed his purpose,• continued the ansoriatten dories 1816, 1817. and ISIS ; but at length he pat an end to all her hopes, and all his promises, by marrying mother woman in 1821. Ann Potter esamined.—She is sister of ►he plain tiff, and a married woman. Knew she defeodant, who was at that time a corn-badger. Her sister Margaret lived servant with Mr. Cooper. Mr. Rothe, who lived there, always appeared to be very Moony with witness's sister. Remembers his applying to her (witness), and requesting she would take a letter from him to her sister, which she then re(ased. lie came again, and repeated this request; witness said she could not take it that night, but on his applying to her a third time she consented. This was after her sister was put to bed ; and on these (tensions witness observed to the defendant, that he had behaved very ill to her sister; upon which defendant answered— " You need not mention any thing of it, inn as non as I get a situation 1 will marry her," and aided, that to marry any other he should be very ssrey.— This was better than six years since. It was in May, and her sister was then brought to bed. Remembers going to a feast on Midsummer-day at Aliskett. Saw Mr. Rooks there, and mentioned to him tba: her sister was fretting very much, when defendant said, she need sot make herself uneasy, and. turning to the plaintiff, who was there, said, " Do you think I will ever have any body eisebutyou ?" and en that occasion • he again promised to marry her. Remembers about two years ago. when witness took her sister's child to see Mr. Rook. at Mr. Collier's, defendant took bold • of the child and asked her how her leather was, and bade the child to call him father. The child cried ; i 44eadast said, " I will marry your . motber, and thee yon shall come and live with us." Cross-examined by Mr. Sergeant Cause, for the de . feodant. Witness does not follow sof business . ; her father is a farmer; his farm consists of a little grass land, on which he keeps a cow. and he has besides the use of a common ; witness has had one child; she was married last harvest time, and her child was barn in August following; the child was not begotten In wedlock, but she should have married Potter before, only her tither would sot let her. Mr. Rorke cosi pelted her sister to go before the Magistrates and ■wear the child to him ; and for these two -years he had paid into the hands of the parish overseers-Is. 6d. per week for its support. When Rorke promised to marry witness's sister, nobody was present but them selves. Mary Holsworth, a comely woman, about 30 years Of age, is also sister of the plaintiff, and wife of Tho mas Holsworlt, gle4enex at York. At Midsummer feast, about six years ago, Mr. Rooks came to fetch witness. They had a good deal of coaversadoa by the way. Witaess observed—" Yon have behaved ill to my sister." Defendant said he knew it; but added, aLe need not make so much ado about it, for he in tended to marry. A few days after her sister was brought to bed, wheels told defendant bee sister was fretting; he said, " she need not make herself uneasy, for I sever will marry any one else." Cross examined by Mr. WILLIUMS.. - .4inillen has bad three children. She has bees married Eve years; ■nd her eldest child, of which Richard Hawkins is the father, is nine years of age. A letter was then put in, and proved to be written by the defendant, coached in very affectionate teem • tic the plaintiff styling her "Dear Mary," and ex pressing great solicitude for herself and child. Mr. Aederson, plaintiffs attorney. had several in terviews with the defendant, in which be proposed a settlement of the action by payment of alum of tuomy. Wittiest; jocularly observed he could pro►e a promise of marriage from defendant's own letters. Tide the witness confessed was not true, as be did not poetess any such letters. Mr. Sergeant Cease addressed the Jury at consi derable length, cemuseuting strongly upon the sus picious evidence of the sisters with regard to the pro mises of the defendant. The CHIEF JCIITICIC summed up; and the Jury, after deliberating about 20 minutes, returned a verdict for the defendant. NORFOLK CIRCUIT.--11uNvixonow, Juts 21. IMPORTANT TO COACH PRNOINIZTORI. Qesestiox of Whetker the come Horses retatrateg with soother Carriage are liable to Double Tod. essamt.av AND 16 OTHERS V. MONLIT, DINT., &e. This was so action of assempsit, brought by the plaintiffs agaiost the defendants, to recover the vans of 77t.• ISs. 9d. who had pleaded the general issue, sad there tpoe issue was joiar.l. Mr. Sergeant FRONK stated the ease to the Jury— He cisresenced by stating that the rase involved a gees sues of law, sod though of great importune* to thr p ties, would occupy but little time. The plaletige, THE ST) for whom he appeared, were proprietors of it stage called the Rockingham, which ran from Lomb, le Leeds; and the defendant, who is a respectable attor ney in that county, was a nominal defeadaet, for a respectable body of gentlemen, trustees of IPas turnpike roads between Alcanbury and Wassioird- The question the Jury had to try was, whet*, dhe plaintiffs were liable to pay doable toll on boron' which passed through certain gates on that trust, naerpailil once in 24 hours. It appeared that the horses belonging to the ?Wa d& accompanied the downward ooacb to Saltene where they changed—and In the coarse of Op day the same horses were employed ice stage 4a die road towards London. returning through t gatse they had passed before the hoer of twelve at pied. l an I the defendants had insisted on and badlinioid Idouble toll to the amolint sought. • The Learned Sergeant referred to the Act paiwil3Blb Oeo. 111. which imposed a duty en the rehicir, and not on the horses; bat that Act was materially altered and amended by the last Act, which passed in tb 59th of his late Majesty. One of the alteration* bore on the rate was, that the toll was reino Veen' the carriage and placed es the horses. Therefftee an , der ibe old Act, the trustees of roads might lin. well have demanded toll for the same carriage passing and ,repassing on the same day, as they had claimed sad exacted doable toll for the levees of his client., S I authorities were cited, and acts read to. aid much discussion took place between the idattiOul Sergeant, Mr. 9 (for the defendants). tad tley Learned Judge, who gave it as his opiniee that it would be the best way, as there appeared at kW else ambiguity ,in the meanieg of the Act, to jet -1111 w. plaintiffs have a verdict, subject to a nonsuie Mr. Sergeant Fazes acceded to his Lordship's yew., position. Mr. STORRII.—YouINCAR to take only medical abe ,Pore. ?rsusame, Mr. Serjeant ? Mr. Serpa°, Faann.-0, no; we have t jald 8114, and we can prove the payment of 771. 10n. N. by witnesses is Court. Mr. STORES contended that ought not to be. sad cited a case, Umpbrey v. Maclean, to be found in East's Reports. The Covey thought if the money bad been de manded, and one of the horses distralsed, the ease would have bees different.—" What is year demand, brother Fenix?" Mr. Sergeant Fans.—My Lord, 771. lee. 9d., est of which we have paid 381. 6s. witbin•siz Months. COURT.—Let the verdict be for the whole tam, and will make a note of it. It must apse before an other Court for conehleratioes The Jury, under his di.a, found for the plaintiff—Damages. 771. 16s. 9d..; costs, 40e.— subject to a moonlit beteg catered. ' CROWN BIDS. John Harvey and William Sada, capitally iadieted for assaulting sad robbing George Driekwater of hie watch, &e. ea the towing path of the Wilts sod Berks easel, were found Guilty—Death. The Learned Juno. held out hien st'serey consideration of the planters not hiving used any weapon in attacking the prosecutors but their Ma only. ',lilies's Dyson. capitally indicted jelretisaliag from the dwellierhonse - of a note tad cola Ordlty—Death. The Learned Javan also held oat hopes of mercy to this prisoner. of 91. 45., was found WESTERN CIRCUIT.—SsusausT, JUL', a. SPORTING ACTION FOR DUASIATION OF • STALLION. SWRATISAN V. GL•801.-IPICIAL Mr. SELIVIN stated the cue. The plaintiff and defendant travelled about the country with horses. His client poisoned one (a stallion) of a very supe rior kind, whose good fame the defendant bad scan dalously traduced, for which he bad brought this ac tion, with a view to obtain compensation in damages for the injury dose the character of his stallion, who is called Florian. Mr. P. WILLIAMS followed on the same side, and expatiated largely on the beauty of Florian, who would, he said, be proved to be as good as be was handsome ; end that the defendant bad published itbringbost the usury, in the most public manner, ,that he could buy t►e progeny of this valuable crea ture at 16L per head ; and concluded his address to the Jury by saying, that the action was brought both on legal and moral principles. • Several witnesses were called, when Mr. Sergeant Pam.. said—Gentlemen, I shall trouble you with no witnesses in this absurd cause. It is not an action for slanderous words made use of by the de. testiest against the plaintiff whereby special damages can be obtained What was said to the prejudice of 1 a horse cannot affect the character of a man ; end if any damages are to be.given, they can only be for two guises., which Penis (tbe witness called on the part of tbe plaintiff) had said be should have given it be bed not beard the bad account spokes of the horse by the defeatism. Mr. Justice Pacnaansox observed to the Jury, that this was not like an action of slander against the re putatims sad character of a man, but for words as charged in the declaration as being false, scandalous,' and malicious, published of and convening the plain. tiff's horse Florian, which only affected the plaintiff by traducing the animal is the estimation of other,; special damages, therefore, must be stated in the re cord, sad proved, berme they could be sastaised ; but it had been stated in evidesce that the defendant bad travelled about the country, speaking against the plaintiff's kerse. from 'thick be had been prevented from receiviar the sum of two guineas of Perris. If they believed this, they wesld lied for the anomie. fee Jury consulted a short time, and brought is a verdict for the plaintiff.— Damages, 2/. 2s. HOME CI RCUIT--CH LII3 rout o. JvLir 23. CUTTI 1t•1Y11111. Wm. Rippirsidele was indicted under Lord Elko borough's Act, for cutting tad maiming Themes Noakes with a knife, with intent to kill sad murder him. at lialliogdon, la this rowdy. on the 13th of Hatch last. it appeared that** the evening of the t3th of Hare , , the prosecutor write to a public-boom it Bal. liagdon. where he ant the primmer. He engaged le sonso altercation with the prisoner. who strait him with a stick and knocked him dews; the blow dr ,r' 4 " - 1 .- ~_.! _ ! TESMAN. paved him of hie senses for . the moment. when be recovered, he got up and struck the primmer. Tie , latter tbea went out, and after two or three minutes ' absence, returned, west cep to the wiliest', and ripped up Isis abdomen with a keit., prodecieg a wound of sine Inches In length ; and great part of the viscera obtruded into his bands. Is his cross-examinatios by Mr. Bnontatca. for the prisoner. the winless contradicted himself is nosy *slimier, of the previous transactions which led to she act of desperation imputed to the prisoner. He dolled that be had first taken hold of the prisoner by :the collar, (set afterwards admitted that be had. Be Iteid admitted thbt there had been an altercation of fittest two hours between him sod the prisoner. He slonied that be bad ever sailed the prisoner a d—si liar, and challeaged him to fight. The original stat► went of the prosecutor was a good deal shakes. A ninseas. aimed French, deposed, that the pri anew and the prosecutor were very violent with each *Ye, absolve and prorating language passing es loth sylne. The altercation lasted for about tan, Wis. The prisoner offered to fight site' preeetatot; apes teldth the latter went up to the former and wok held of hies bf the collar, and an the lestasit the pri. loner ripped him up with his' heir*. It was a me. mastary.trane hew. • The prisoner had not left the room as the pr for had stated. and there was se time for pre . In this state of tin ease, Mr. BSODIRICIL submitted this thirst los Ilseegh spap the evidence for the preeenstiess to *valve 011.&14 deunia this' prosivotot; Wllll,llllllo4l6.least *hit gives Is the depotition* beforiihi comanittleg 'Anis= trate is some material particulars. His Lordship apes this stopped the Case, and told the Jury that they must acquit the prisoner. It was true that the prisoner had been guilty of most atrwious sad sang. conduct. but sales& the offence would have amounted to murder if death had d, the case was sot within the =oasis( of the statute os which the indictment was feuded. If death bad caned, the offence could *sly have amounted to manslaughter, and therefore the case did sot come *Adds the spirit of the statute. The Jury. therefore, immediately fluted the prisuser Not Guilty. • BANE el INGLAND PIOSIIICUTION. lag Layslaaw was indicted for uttering a forged Beak of England note for the payment of 51., at South Ockendon, in this county, on the 14th et Fa bleary last. - 'Mr. BOLLAND and Mr. LAW COIMUCted the proem lion. The prisoner was without Counsel. It appeared in evideace that on the day mentioned is the incliettneot, the prisoner, a weasels of respect. able appearance, introduced herself to the notice of a Mr. Somers, who keeps the Rod Lion Ina, at Octet. den, by inquiring if he knew of a lady's school in the neighbourhood. Mr. Somers mentioned a school kept by a Miss Gray, at North Ockendon. The pri- soeer said that was the lady she wanted to see, sad said Miss Gray was her niece. She then desired tillage of a 5/. Bank of England note, which was it mediately given, upon the faith of heir respectable ap pearance, and the statement as to her relationship with Miss Gray. She desired a boy should accompany beryl spew her the way. Her wish was complied with, eat she gave the boy Is. ad. for hie trouble in show• lag her the way. It was afterwards discovered that the note was a forgery, and that the prisoner's story was without foundation in truth. To prove the prisoner's guilty knowledge, several *thee atterings were proved against her; tamely, one of a 5/. forged note, to &honed Stokes, Cue driver of the Epping coach, oa the 11th of Jesuitry ; all. Dote on the lath of March, to Mr. Vreech, the owner of the Chelmsford coach; and the offer to utter a 5/. note at the George Inn, Mountnessing, where she was apprehended. On the prisoner's person was found a map of the roads; bat there was no forged notes found upon bei. .The prisoner, who appeared a good deal affected on her trial, set up an alibi in defence, and called a Mr. Edward Turieigb, who swore that the prisoner lodged 1 1 in his house, and bad not been out for many months,; except once an Christmas eve, when she went abroad for the day, bat returned in the evening. The case went to the Jury upon the credit due to the many witnesses for the pro•ectition, and they im mediately found the prisoner Guilty— Death. POLICE. S ROBlltiv.—Te sterday. William Crouch, a young man of well known character, was brought before Sir. R. BIR:4111 and 0. R. blassanutt, Esq., charged os suspicion of commit dog a very daring highway robbery. Mrs. Finch, wife of Mr. IL Finch, army clothier, of Long-Acre, stated that on Monday evening, betwee• eight and nine o'clock, she was returning from the West End of the Town with Mr. Finch ; when at the corner of Hanover-street, Long-acre, she saw four men standing talking together. She bade gold watch and seals, secured by a ribbon at her side ; and, as she passed the corner of the street, the lour fellows rush ed out upon her, and one of them, whom she had no doubt was the prisoner, fixing his eyes full in her face seised her watch, and, after two or three desperate tugs, succeeded in tearing the ribbon asunder, and ran off with the watch. Mrs. Finch screamed out, and her husband attempted to follow the thief, but was immediately seised rosod the waist by the others, sad held abtil he got nearly out of sight.— After a hard struggle be got from them, aod rimmed him into Seven Dials, bat the fellow escaped. Mr. Finch corroborated M is. Finch's statement, and added that the prisoner in every respect resembled the Man he pursued. Morris the officer stated, that being informed o the robbery, he took Mr. and Mrs. Finch to several houses where persons likely to be eozaged to such a transaction were to be seen, and she saw upwards ut 40, bat could set identify any oae of diem. As the} IMO ping along Chandoe.street;they met the pri moor, and Morris having seised him, and taken bin. lots a public home, Mrs. Finch immediately said el. had so doubt he was the maw who robbed her. The prisooer said be was i■ soother plats at the time of the robbery.—He was committed for re-eia siltation. A yoga; Ran applied to the Magistrate. static , himsetflats as sersaat la the employ of Lettl Charles -----,,—.......... Beistieck. fir the l eatorciag of tbrp el imp dna tilde: Mr. MintlittLl. isfonned him, that he had le " a trot in etch a ease, and tittered bit to the C. 4 Conscience: "bat so ;m inify. it turned oat ti y e delisted wt s not within the civil of the Clan; Condense. It emanating to £5 at least, r oe tip , menthe wages, at the rate of 29 ;mimosa or 30 gs'",„ • year. the roving mat admitting that those two sift were is dispute hetweee him and his Lordship, h einivolag as the rate of 30 guilseas • year, and h i Lordehip potifstirgairitalhe agreement was SW! f i 28 guineas. The yews, mad Inquired if Lord Charles Beotioek led given bail to a charge preferred by him ag,i," his Lordship. on Tuesday, for an lt in foci turning Sias oat of his Lordship's hones , i n e 0„, queue. of a dispute between him and Lady Bernie.}, The Megisteate informed him his Lordship b,4 gives bsil.es aPpoot at the Quarter Sessions. Joseph MaereN. William Moaner, and Samuel xi, , hoc tete committed ler trial, charged with ruW, ‘ tieprapalses ofiliesees.Ourdser, ielWild-eosrt, ia oh ne temple they were, of a large qoantity of feath ers . Jo* Hasa, • preprietor erf some of the ?Winch, stage ..aches, was mulcted to the penalty of 34 ail costa, fur earryiag eight °amide preaseagers, beim / "„ I nters aims is allowed by Am of Parliament. "lilmtv•enome ()rms.—Yesterday Ater, and a eri 'ek • •,ests were brought up by Morris, t h e 4 acs,iv! before the gluing ' Magistrate, Cantu Oat r, Fi4. with as aggravated assault. • It ared from the esideave of Mrs. Ora, thuds rrs Lied M. Tars.? ea Monday lest to thee. es'itep in Little Earl street. Seven Dias, ale the latter, slider pretence of seeing a so rt w hi c h l a ii;alt ;been geld there, asked if they bad gat oar that week snit a boy of 14 years. On witness turning coned sks said to her friend " that is the coat I am renal, ;" is ' a few miaow* a scuffle *ward, and in the affray tie einsplaiaant was most grossly ill.trered, lost her us ring, and bad her bonnet and clothes turn to piece., received a black rye, and was otherwise beat, es I almost deprived of her sense.. Tisis witeess's test, mony was fully confirmed by Mrs. 'Faroe,. The defendants, oa being called °poi for their 4. fence., several denied the statement Ordered againt them, and maintained that the cornplsinent was the first aggressor in the assault,. In 'a i rport of whirl they called two witnesses. The worthy Magistrate, after re-examining the complainant and Mrs. Turner. ordered the defeadams to find good bail, which mot being prepared with, they were locked up. U.Nitm-nahh.—A watchman, named fPilett, was brought before L. O. ALLeruz, Esq , charged trii having grossly insulted and assaulted a female of re spectable character, named Callahan, who Wlongs is the corps drausstiple of the Surrey Theatre. It en stated that Mrs. Callahan, when morning from her duties at the theatre to her lodging at Yi i alwortb, es the night of the 22d last., at half-past l'2, oSserved as elderly man, of genteel appearance, lying on his bast in the road. He appeared to be wholly unable to assist himself, and was *outmoded by persons In whose lista he stood so chance of being humanely treated. Mrs. Cabalists retired a few paces, to ob the matinee of the crowd, asd at themes time to obtain the assist. anee of some decent penes. There was se watebteu in sight, cat else had 'tamely deawn back from tie crowd, when she saw a fellow approach the helpless old man, and catch him round the waist, as if the ie. motion of raising him up. The action was seats* over when the old man cried out that Ise eu robbed, and the man who had taken hold of him ran off with the greatest speed leotards an interviewed place. Mr. Callahan, who had suspected the ab ject of the thief, called aloud fur the watch Neural times without any effect, At 'length the defeadast came when his assistance mild be of no service, and Mrs. Callahan reproached ►im with his negligence, and told him of the robbery. The watches** so little relished the charge, that he seized Mrs.Callehan, called her a strumpet, declared that she had robbed the gen tleman, and dragged her to the watch-Imam. Mrs. C. begged that a female who had seen the transudes might be admitted to state the facts it the night ta stable, bat this was refused. At length it was use; tamped that Mrs. Callahan was a very respectable per and she was discharged from the watch-home. — The Magistrate sap d the strongest isdignaties at the conduct of the watchman and the night constable; but Mrs. Callahan having beard, a good character of both, humanely pleaded for them, and they were an missed with a reprimand. FILMS IN VINCOAR-taco-•••41. arxea PANTICVLAIS. —When the house of Mr. Roach caught fire on Sus• day night, the family were from home. Yesterday morning, when it again broke out the inmates were la bed, and had great difficulty in saving themselves, as the dames had burst forth with great fury both in the lower and upper apartments. As soon as the ruins could be safely explored, it was dimovered that osty the shop and kitchen and the attics had soffered any thing from the tire, the two intervening doors being almost untouched by it. The high wooden paling which rneroands the part of Drury-lane Theatre ad joining Vinegar-yard, was at one time on fire. MARRIED. Yesterday. at St. C Iles's Camberwell. Mr. brains, of Salisbury -square, to Sarah, second daughter of Jolueßtire- Esq., of Cainnerwell. On Wednesday. the 94th Inst.. at St. Lawrence Jei'q• Charles element Descoo, Esq. of Mlll-steeet, to Mrs. Bast..., of Belle- vue•lodge, Reigate. DIED. On Sunday last. July 91. Mary, widow of the late Jahn Newberry, Esq. of Outwit+. aged 71. At Pernambuco, on the *those. Charles Pow's. Esq. of Chandos-stre.t. Ca vend; sh-sqsare. On %Wednesday, the 21th Inst. In the 44th year of her ass. Louisa, youngrbt daughter of the late Thomas Peek's, Esq. of C.apham-commoa. On the 294 inst. at his hrase, la Stamjerg.baren. ortlt amptoashire, Georg • Vas der Neanberg, Esq. aced 73, for• .nerly a represen 'tire of Carotid! Weed. Lately, at his apartments la Cork Ceasitgeaol,,Johs Fits Gerald, Esq. In the 84th year et Ids age, and for the cast pe...••••• (4,1, MAN WAITS AT LON,OIII.IIAHNIB W. M r , r• T 0,, after 7. s4:venine 32 r. attar 7. enkhei : Primed. and Pebilibed at tt • &Ikea " 'I he Brorantoto” sod " Tns CInSTITVIIOII .. (S•liddi Pater. No. 997. Strand, by R. WARDELL, LI.B. ot all emonsolealloos, Orlen, ie. are regretted to M - ...