The Statesman. — London, England, 1810-07-13 00:00:00

• LAW vire ['MENGE. witnesses, the Plaintiff bad some apprehensions couaT OF KING'S BENCH, JULY It Oiling: at Nisi Prius before Lord ELLENso. Rattail, at Westminster. that the expected match would not come to any thing. At these apprebemions he was somewhat concerned, because he_cuiteei.vCd , the match, on 'the part olr his sister, to be an advantageous one; and, when conversing ott this subject with his tlittlervind somd domestic friends, observed, that he would not mind repairing a house for the De fendant, but that he must not expect any money with his, the Plaintiff's, sister. • 'floe match took place, , the house was repaired, and' this action was brought to recover the amount of sock repairs. The Jury could not decide in the be:, and ,ac. cordingly withdrew, and after consulting for about thrie quarters.of as hour, brought in a verdict. smuts V. swaisison. Mr. G ?Meow stated this to be an action to w eever compens itinn in damages for disobedience on •the part of the Defendant to a writ of subpena, by which disobedience the Plaintiff in this cause had lust his action in another suit, and had had to pay the costs attending such suit, because the De. fi infant had not aUentled, st hose evidence.was ma terial and necessary to the success of the action. The Learned Gentleman then stated the nature of the action in which the Defendant's evidence had been required, and for the wain of which- it had been lost. It appeared that it was a qui tam ac tion, to mite cc the regulations of the '2oth of Henry Vt. chap 5. thu substance of which was; that custom.buuse officers could nut act as agents for the merchants and others paying custom-house duties and passing goods ; that they could not act in the two capacities at one and the same time ; and that if they should meddle with the freighting of ships, or act as agents or attornies For the mer. chants, they would, on conviction, ffie fined the sum of 401. fur every such oftmee. Mr. Baker saw the inconveniences and delay that attended the constsnt inattention to the regulations of this al. most obsolete Act ; and was, by commencing a' qui tam action against Mr. Harmer, clerk to the Collector of Customs at Liverpool, for an in. fritigement of the regulations of that Statute, anxious to do a heoefit to the mercantile part of : the community, by placing the merchants on that fooling of equality, on which, by that Statute,. they ought to be with regard to the passing of their' valious documents, returns, and accounts. All who knew how b ishiess was caffied on in thou offices would agree with his statement, that the mail who went with a shining douceur in his hand would be distinguished among the crowd of agents, brokers, and merchants, who surrounded they clerk's desk with their papers in ti!eir haunts, but' without needful &recoil isaiiiment ; that such - a one would invariably have the first attention paid to him, in violation of those, wholesome regula. dons laid down by the Statute on which the qui tam action had beenfounded. The man, too, who omitted to send such clerk a douceur, would meet with nothing but difficulties and obstructions in the transacting of his custom-house concerns.; but let bins comply with the expected terms, and every fa. tility would be *hewn him. Bet if such practices were to be allowed, and the Defendant's conduct suffered, of what avail would be the Statutes ? An action had been brought against Mr. Hanmer, clerk to Mr. Swainson, Collector of the Customs for the port of Liverpool ; but Mr. Swainsun, who was the only person that could legally prove that Hanmer was a clerk to him, had refused to obey the writ of subpasna, by which the purposes of the action hail been defeated. The case 4ad been opened, but for want of Mr. Swainson's evi ' deuce, the Plaintiff in the preseut action, .and the plaintiff in that iction, bad lost his cautte;` ind his share of the penalty ; and in consequence of having lost such cause, he had to pay costs to the amount of 2111. B'. I ld. Thu Learned-Gentle man said, the evil of disobedience on the part of witnesses to writs of subpena called loudly for a remedy ; as it happened almost daily that parties lost their actions solely because those witnesses whom they hail subpoenaed had not attended. He hoped that a wholesome etanipie would be made of the Defendant in the present action, 'who had not even set'ont from Liverpool for London; nay, be had even said, when served with the writ, 44 that he would not attend—that he would not go for any money." Were the writs and summonses of the Court to be trifled with in that manner? Were the property, liberty, and sometimes lives Of individuals to be at the risk of the caprice of witnesses who bad been ordered to attend to give evidence, but who would not attend, beta= they might find it somewhat inconvenient with their per sopal interest t He felt confident that the deci. aims, on the present occasion, would show that such was not to be the case. • Mr. Whitely, an Attorney at Liverpool, proved the service of the writ, and that he had tendered` 131. fur travelling expellees, and that the Defen. dant said he would not go for any money. It ap.. peared 'he the writ hs'l been served on the De. fetsdant• at a place nearly two miles from pool, at about five o'clock on S.ttniclay evening, and that the writ required that the witness shoulsl be at Guildhall it nine o'cluck in the morning itt the Itionday fogoeing. Lord r.i.LENBOROUGH interrupted the proceed.. ;rigs, ohs ruing that it was a most grievous com. pulsion to require of t man to be in London at such a short notice; be hies, the Defelident tuight have to prepare some papers, as necessary to his evidence, and what time would he have to OH • such papers rely, and be in London, a distance of 206 miles, by unto o'clock on the Monday, morning ?. *1 he witness had a right to require that convenient time be given him to attend as desired ; but in the present instance it appeared to be a most unreasonable monition to desire.. Swainson's attendance in London at so abort a period. ThOplaintiff was nod.eisited. • TA BEIt. V. Cli A LIMAS. This was an lction to recover 241. ls. 6d. fbr work and labour in repel** at a house fur the Defendant. • The defence set up by the Defbtithint was, that the Plaintiff had promised to give him .the repairs of a house, by way of marriege-portion with his is et, whom the Defendant was • going to marry w! • , this promise war made, and to whom he was seminally married. This promise de- Plaintiff de ii d to have been made In such a way, as to ake it bintling in law. It appearedi that the Fla cliff was a bricklayer - and plaisterer, and that hit fiber had left his affairs in a precaelons eats, and hill left behind him two daughters, without a ny provision, and who were consegaeistly thrown on 'he hands of tile son, the Plaintiff in this cause, for protection. One of those sisters. had • been courted by the Defendant for some. time, when, according to the evidence of one of the —.foethe Defendant. - LUKE V. LADY ♦NN BARBARA PRANCES WYKD- UAM. This was an action against the Defendant on a Bill of Exchange for 2501. granted by her to the Plaintiff ; and -the defence set up was, that she was a fern , se coaverle, br married wwnan, at .the time of granting the bill in question. Earl Jersey was called, who I,ruved'that he Was present at the marriage of the,Defendant, with the Hun. Chas. Wm. Wyndham, in Gloucester-place, 'in February 'lBOl. Mr. PARK, for the Plaintiff, ,centendeet that it was incumbent on •the Defendant, the marriage not Laving been performed its Church, to produce the authority for its celebration. • The Clerk of the yarish of St. Marlfrierboone .preduced the register dr the marrier•hetween noneurable C. W. Wyndham, bachelor, and .L?dy Ann. Lambeth,. Witl9w4 dated, 4th of Fe. bruary, 1801. , • Mr. PARK contended, that thin was not the per. Soo' on the recpid, and that it would not do. . Mr. Gaattow said- this was simply a question of Identity. • Fut Jersey was call ei hack to prove. the idea. thy ;',but . it appearini . it the Declaration was spina Lor Ana Wyndham only, and that it was in, the plea, that the. Defendant *as set out under the name of Lady Ann. Barbara Frances, whereas the Bill. was signed only in the name uf , , AUn, Perker.OatnteCto non-auited. •. •.. COURT Or COhildON PLEAS, JULY 14. LOPT9II V. VINT E*K. -• • • 'o was enaction to' recover 351. tise amonat of :an accounialledged to ,be. due by the tiafes • dant for board aid lodging : - 1 `The action Win brought by the executor of a 'holy named Sneak, deceased, who kept an oil. shop in Guildford-Street, and with whom the Da. fendant,lodged and boarded 4. for ,w hid accommo. dation it was asserted he was.to have paid 301. per week. On an investigation of the facts, however, It was proved that the deceased had been on terms isf.the closest intimacy with .the,. Defendant, 111141 In fact was for some time his reputed we,4,.andoc. 'Nally went by his name: A ahnrc Pre/ 64 to her death, a qnarrel,toOk ehice between her and her protector; and from her instructions the present demand was made. The Jury returned a verdict fur the Defendant. . • , sialcu t s.no v. • C 1 that this action was bronght by Mr. BeiChtird,;,,wfio lox respeita. ble • upholsterer and tildes:tattle in Tork.street,, Westminster, against the Defendant, .a" shop. keeper at Charing,Cross, .to fame! 461., for the funeral oU f a r, Staid'. 'The Defendant and Me. .Smith -mere on good terms of friendship, and when he came to loan from Dartford, in'Bent, where ho resided, he remained occasionally in the honie of Mr: Chappel l end died there. Mr. Chap. pel . serit for the Plaintiff, and gave orders toeonvey the body for interment to Dartford, where it was. I accordingly interred. The Plaintiff sent a person tome time after to collect the amount Of the bill, and when the man went he was told to make out ; the bill to the administrator?, As the adminietris. tors did not pay, Mr. Chipped was again applied to, and he said the bid ihnold be paid at Christmas. .The Learned Serjeant aincltuled by observing, if a man chuses to order the funeral of a friend, he must pay for it. . • I Mr. Surjeant Hur coetendid, that the befend. ant was not bound to pay the bill cud- that the' demand ought to' be discharged by file relations ef - the deceased. • It was rather-hard, he said, that the family of the deceased were to go down to Dartford in mourning coaches, : with pages and otheigrand attendants, at the expence of the Do. fendmit. He also objected to the bill. Mr. *Downs, said the Learned . Serjcant, who makes '.patent coffins to preserve people frolit the rasur. rection men, and who ought to charge as high as any man, would not chinas., euravagantV. It appeased, Wader alt':' to circumstances, that 'the-Defendant had given the Order for the fnutral l and the Jury found a verdict for the Plaintiff. RA I ISSPORD W. SUPPLE. * • This was an action to recover 31. for fixing the Duke of Claretices arms over the shop of the De fondant, an engraver: . The question was, she. titer the 'Plaintiff had been employed by Mr. Supple, or a Pelson named Remmington. The Jury found a verdict for the Plaintiff. The Learned Judge lamented the folly of the parties in going to law for so small a slim, as the casts an both sides would be more than the victor . could gain by a verdict. EST,VIIVSTRIC SESSIONS. a These Sessions 'commenced pisterday before Mr. Justice !ILIUM,' LING and the Bench of Jus dces. William Freeman and William Cases pleaded 'silty 'to an indictment preferred *Oast them fur guilty _ adicti dein keeping disoiderly houses in the parish of St. Mar tin. It appeared that they kid quitted their on. nntions tenements, and in consequence of their ex. pressions bE contrition, they were only sentenced to seven days imprisonment. <The next person tried wig 'a gentlemaa.eamed Patrick Davey O'Shaughnessey, formerly a re. spctablc shoemaker in St. James's street ; but' n consequence of becorOing insolvent, was con. strained to takb the benefit of she luenlveut Acts ~; ~. • - -.:'_ - - 7.' . , . . . .•. • . . t Nitl• , i ____ . • ~, • I. v 4 ,. THY. .STATESMAN. , • . i-L.=l and is, of. coarse, not in very flourishing eiy. eumstances. "He stood indiatea for violeoily as. eaulting Robert Smith, on the 7th of November. last, at a public-house in Crown-couvt, Pall. Mall. The Prisoner appeared at the bar sup- I pokted on crutches • Mr. Smith, the Peoseeutor, stated, that he was formerly a green. i grover, and that the Defendant dealt with him for some years ; but broke fifteen pounds in his debt, having first given a bill for the amount of his ecceunt, which he neglected to pay, and which he, the Plaintiff, was obliged to Cake up. •On the day i specified . in the indictment, witness was walking in P4ll.Mall, and -observed the Defendant, hot did not take any notice of him. He then went into tit/ public-house in Crown.court, kept by Mr. Nl*G.averan, to whom he mentioned the circumstance of t his having met the Defendant ; and alto observed,, that he wished never to have any call to him, from the dishonour able manner in which he b ad acted. While he was streaking, the Defendant came in ; when Mr. M'Gawran remarked, that " Here came the man of whom they were speaking !!' The Defendant instatitly pounced upon the Plaintiff, and seizing him by the neck, - twisted his neckerchief in such a manner as almost to suffocate him ; observing, at the same time l that if it was not for the law, he would ram his fist down his throat, and then struck him several entnersiful bluw3 on the foe. From this dangerous situation witness was lescued by the landlord, who, with some di?. firefly, extricated him from the urious grasp of 'the Defendant. Mr. 'A LLEY, Counsel for the Defendant, then cross-examined the witness as follows : Q. To what reason do you ascribe the violence 'of the Defendant?—A. I suppose when he heard that I had been talking of him, he knew I had no. thing to sorgood of him, and was therefore re. solved to take his red:lst of me without kuoiviug+ -for what. Q. Pray did yea not return the blows of the Defeudant ?—A. I had not the power to do so. Q. Why you must have been very much hurt ? —A. I was exactly like a man that was hanged and.cnt down. Q. !bye you ever experienced the sensation of Itengitig ?—A. No ; I can't say I have. Q. I sec the Defendant is very' lame—has he not lost the use of one arm ?—A. Faith I can't tell ;' but .I.know I felt the effects of both. Mr. M‘Gaetran.was next examined; he corro. berated the testimony of the Prosecutor, and de. posed, that • the. Defendant ran off without his wig, swearing by J-8 he would prosecute the whole kit of them for a rubbery. What became of the wig he hneti not, but he saw an Irish • barrow-woman *pursue the Defendant, calling. on him to take his wig ; but whether she succeeded in her solicitations or not, he could not tell. Mr. ALLEY made a very ingenious defence for his client, contending that the Plaintiff was the first aggressor, and struck the Defendant a blew on the face, before he resented it. This, ho ob. served, he could prove, by a witness who saw the fact. He then called the witness to whom he alluded ; but he was much disappointed on examin. ing him to find, that he corroborated the testimony of all the persons who bad been questioned iu be half of the Prosecutor. Mr. Justice MAINWARIN, summed up the evi dence, and the Jury returned a verdict of Guilty ' without hesitation. After some deliberation, Mr. MAIMWARING sildressed the. Court, and observed, that himself and his brother Magistrates were at a buss how to act, under the circumstances of the present case. From the prisoner being itisolvenl, It would be useless to impose such a fine on him as the aggro. Wed nature of his offence deserved. They were therefore reduced to the necessity of passing a sentence of imprisonment, which, from the ap, parent ill health' of the prisoner, could not be so severe as bis misconduct merited. He then addressed the prisoner, and informed him, that `the Court sentenced him to Two Months Impri. .sonment. The ,pritonorAlen shortly addressed the Court as follows:- 46 Mr. President—l have to return you my thanks for the patient hearing you have giveu my prosecutors, notwithstanding they are perjured. My Advocate, with much eloquence, has told you thereat state of the facts, and I feel myself muck indebted for his exertions. I must-also express my gratitude for the lenity shewn to au ould man, like myself, seventy.one years of age, 'in only sendlug me to prison for two months : God bless you all ! The butt-end of an ould man's bless. ing will do you, no harm !" Here Mr. Justice NAttes remarked, that the prisoner should take care and conduct himself wit/ due respect to ? thet Court, as they had tbe'power to cxtend Ike term of his sonfinement r if they thought proper. , . Mri Aim., on behalf of the Prisoner, ob. served, that he meant nothing disrespectful to the Court. - 'The Prisoner, In continuation, declared, that nothing could be further from his wishes than to insult the Bench.--Although he was, a bcoken shoemaker, he knew better than to go beyond his last=" he sitter ultra crepida m." He hoped. howevet, the Court would send hint to some Com, iferieble place, where his healthiwonld not be sa , bakes to the unjust prosecution of his enemies. lia was then consigned to the care 9f a Jailer. • • ADMIRALTY SESSIONS, Juzr 12. At ten o'clock the Court assembled with the usual formality, arid Sir WILLIAM SCOTT and Mr. Baron GRAHAM set on the Bench. William Oliver, $ Frenchman, was Wick, for the wilful murder of David Totter, on board a merchant vessel, called the Peggy, of Ranier on the 22d of 'April last, on the seas nos Gib., ratter. From the evidence of Timms* Gee and Joht Smith, who were seamen in the jewel, it appeared that the deceased was a manor Colour, andsailall in the ship from Halifax, in America, to Gibral tar, in the capacity of cook, and that the Pi. scaler was engaged at the latter place as a seaman. ;~ • : - ~' . ••.`. - .'"l - r"""T:' ,- c - :' ' • • -, . , , . . . . • , .• _ .... I t - •s. s • . ' Isinr imdimmi ... i . • At -WC:Past . nine o'clock in the evening of 0 10 nd Of April, the deceased and' the Prisoner were lying in adjacent. beds, and the Cornier declining to site* the latter his way upon deck, an alter. cation ensued, in the comae of which the Prisoner 'threatened to slab the deceased with his knife; both parties then proceeded to blows, but the other see. men paid little attention to them, as there was no light iu the room. After, a lapse of some 6116,4 Smith, the witness, procured a candle, and disco. vexed the Prisoner sitting upon a chest, holding a handkerchief in his hand, which had been bused 1 fast round the throat of the deceased. On trying % to rouse the latter, he was discovered to be dead ; and although they bathed his temples ) and uted . other means to restore animation, yet they ciim. .., pletely failed. The Prisoner was then ordered, to t be guarded, and he enquired whether the blteh t was dead' anil being told that he was, heexprisod • • 'his satisfaction, observing that he should go to hot with pleasurt, if lie killed iwo more black b--.. 5, i The prisoner, who spoke good Engtisb, keret; in his defence, that after soma angry words, eri k - . 1 deceased struck him in the face with a tin put s - s I whets a fight ensued, and 'Luker was killed. flu , i I denied having throttle& the deceased iutentiouall 7, i but could not tell how his handkerchief was round his neck, as he was in a state of inebriety. Mr. Baron Wools recapitulated the evidence, ' 1 and observed, that the question fur the Jury to I decide was, whether the prisoner bad murdered the dbceased with a nialicious intention, on, haw* . r entertained no milkiest, intention against him, had deprived hint of life in a fair contest, in whey& 1 case the offence would amount only to Mae. slaughter. $ The Jury, after a short conversation, returned* 1 verdict of Manslaughter, and Sir WM. Scory , sentenced the prisoner to pay a fine-of One Shil. , ling, and be imprisoned in Newgate for the spare .., of Twelve Months. . . John Brodie, the Master of a trading vess2l, ) was arraigned on two indictments, for au abom nable offence; but having made an qeidarit (bet ! some material witnesses in his behalf coeld not ( be brought to town for some days, the trial was postponed to the 27th inst. P The Court was then adjourned to that day. .. . —.— t , PO lAGE. - , ; —.... . . Is ANOTHER CHARGE OF A MOST ODIOUS NATURE. • I QUEEN.SQUARC.—At an early hour yesterthry - murning, the skeet leading to this Public Office Mae s so crowded as to be completely impamable, in cue. e sequence of the apprehension of a fellow, naiad , n e _ Dickson, out the preceding evening, in St:James's ' Park. .The increasing prevaleuce of practices 3 most odious and disgusting to humanity, is new " become truly alarming; and we sincerely hope, that the determination of the •Magistrates to per. r sur e with' tinceasiog vigilance, their etiorts, in orS • 6 der to extirpate from this metropolis those miss . w creants, will be the tumuli in future of putting an end to such practices. On the examination into e this charge against the Prieuttur (who was foraierly e a gentleman's servant), which. took place helot. - W. FIELDING, Esq. it appeared, that on Ili' . Y evening of his apprehensioti, he met with • a nun, 1. bee of buys at play in llorseforry.road, and that. • he prevailed on them to accompany him to a pelt: lic house in that neighbourhood, where he kepi- Y supplying theta plentifully with beer, mixed wadi gin, till he thought a proper opportuaity off (,!, itself fur him to accomplish his diabolical object;. " and fur that purpose,. he selected one of them, O whom he, in a state of intoxication, inveigled into % St....James's Park, where the cooversation, which se wasunfolded Or the lad, that passed between them, b . 'e l' is disgusting beyond conception, durum which, their actions were observed .by a Serjeant of the a Guards, who immediately took them into custody. '"Plic Prisoner made no Malice, and is commit' Se Aed for trial at the Westminster Sessions. .. al • -On his being conveyed to prison, such was the • it fury of the women, that it was with difficulty the i - officers could save thtfmiserable wretch from be. ing killed. . . rt UN/ON HALL—Yesterday Score Palmer, John Palmer, Bartholomew Russell, John Gre. ' I gory, and Edward Forbes, were brought to this 'Y Office, charged with creating a riot in Vauxhall ~ A ' Gardens, about one o'clock in the morning. 1 1 . It appeared that lbe above persata were into, '" cated previous to entering•the Gardens, and that 4 le soon as they got in,. they used the must obit* L n . language, and pushed down several persons. Ti. tY Officers on duty in. the Gardens repeatedly urged it thim to desist, for which wholesome advice they f. were knocked dowse by the Prisoners, who were „ at length taken into custody. ' e The Magistrates ordered them to find bail to an. th swim ihe complaint at the ensuing Sessions,• which .3 a• they did, and were discharged. ht ' TuAuss (Mom—Yesterday C. Robertson, a , Swede, was fully committed to Newgatc for tria l, " having been charged with breaking chests and Il▪ e lockers; on board a Swedish ship lying at Limo• house, of which he was one of the crew, emirate at bin the seine of upwards of 601. and some plated to spoons, which he took for sifter, and offered thews en.as such to the Jews. his _ . ...a. 11 1 . BIRTHS. al _ On TnesdaY last, at Evingtou, in rent, the Lady o f Se '' John C. Honeywood, Bart. of a daughter. ia-, Wednesday last, at his home in Taseadneedle-street, the e s,. Lady of Wm. Ws Prescott, Esq. of a son. . _ ...a4 . or. MARRIED. Yesterday, at St. Patd's •Chereh. Covent-garden, by ate' ' cial licence, Bunn de Steiger. •of Bente, in Switserlitadthl Miss de Tastet, daughter of Fermin de Tastet, LA. J Ass ford-lodge. Essex. the . inn DIED. -About a week since, at his lodgings in town, Mr. Wilmot Wells, Manager and park Proprietor of the Margate Them (nil tress Gentleman of the mistatnisble manners, sad Mures- ir 4 i sally respected-rind esteemed. • ix . • i 'Op the SUili of November last, at Patna, jn the East 1n• • a des, Bedell, 'the-wife of the Rev. W: A. IlOatill • g_.........---•• ib. ; ---- -,- PRICE OF STOCEB YESTVIRDAY. . ' .Bank Stuck Vidi . • Othanium il pieta. sun . :3 per Cent. Red. 701/ 'lndia Mau 184 184 wed :her Cent. Cans. ti: j 1 laden 8,.:.+ g prem. )taxi 4 er Ceut. ail Elea. s 4 7 prem. 5 p er Cent. Nati).9Bll t'orosol!s for Ace. ilii rat- ' Lime. Ann. lB'l 94 ti • Lnitery Tickets WI. Ile. —.........., (I. . LONDON : 14:11;tett told PlatiNheri by I). k.ovat.t.., at W . an. b ' .Si• T II iji •,I pipes tr7i, Fleet-street. • -' ' .: .- ~" * '. ' . ~ - • . .