The Sun. — London, England, 1813-07-23 00:00:00

LAW. I NT ELIA cIE,NCE. COURT OF KINi.VS fIENC H, Jut. CORDELL V. PETTY. The plaintiff in this case was an apothecary, and brought this action against the defendant, an executor, for medicines fnrnisbed to testator and his wife. Plaintiff allowed that he had received about 30/. from testator, hut contended that it wtis given as a recompence for his attendanci-„, which were numerous, and at some distance from town. Lindity, who was nmv a Member of the College of Siirgeons, and had been in the service aphtintiff, proved, tl►nt he had n►ixed the Medi cit; , and entered tin,in in the books 3 and he had no doubt but they were delivered according to the dire( tiQns. Mr. Agar, }ln apotbeeary,• swore, ,that the charges in, the bill were very moderate. On cross- C:..,imination, be said, the charge for a draught was one shilling and, sixpence,---no matter of what mat e,11:11S it was compounded, whether of e , pen- Si% e ingrekli‘Nits, Or water coloured with a .little 60 ifiT 4 ip which might he given to a. lady who fan cied herself ill he said water 'vas one of the hest iugredie , Jts for apothecaries. The price of, a box of pills was 3s. thl.----ao matter whether they con sisted of valc,able ingred!ents, or a little dough co vereil with magnesia. .Persons who fancied them 'Ayes ill were the most difficult to treat, but" they were also the' Inuit profitable patients. The defence was, that a sum of money:had been paid into Court, and that the sums admitted to have been received by the plaintiff; amounted to gether to the bump demanded by him, Lord EVANBOROUGII left it to the Jury to con sider whether the motley had been paid on ac count of bill, which tvas not at the time delivered, or at a remuneration for the visits of plaintiff.— Ilia Tiordship also left it to the .lnry, to say whe -0(r they were satisfied with the general evidence that had been given of the delivery of the goods; at' the same time remarking, that it WaS almost impossible, for an apothecary to give any other evidence of the deliverrof medicines. The Jury found for plaintiff, damages, 301. AVELLNG V. BENNETT. This action was brought to recover from the defendant, a man 'of large, fortune; the Bunt of 021. 10s. for the board, lodging, washing, cloth.' ing; and schooling, of an illegitimate son of the defendant, for two years and a half, at Bs. per week for board and lodging.—The plaintiff was a widow, and mother of five children. The brother of the mother of the child proved that she was his sister ?. that she went. into the defendant's service at the ;we of 14 ; that at the w age of 17 she as with child, and' the defendant confessed it w by hint, and then promised that be would take care of the mother and of the child, givd it, if a boy, eloathes, schooling, and neces saries, and put it out apprentice. The defence was, that the agreement was for 4s. per week, and that on the plaintiff demanding to be paid at a higher rate, the defendant said be would not girt more, and that the plaintiff might take tht , child to the path nfileers.. and filiate him, if not tettisfied. She replied, that she would rather key) it at the price. The defendant never had demanded the child to be delivered up to hint. Lord ELLUNBOROUGH said, that directive; the child to he ftliated was nugatory, it not being in the power of the plaintiff to him. The de fendant, when swayed by the nroper feelings of humanity, had-promised, as,in duty he ought, to provide for his child—that promise had not been recalled, and she Jury would consider whether the charges made by the plaintiff were excessive. It was their duty to give what was reasonable. The Jury, without hedtation, found a verdict for the plaintiff, for the whole of her demand. OLD BAI LEY. Yesterday James Joseph AA ftnd fltilph, were indicted for stealing silks to the va, lue of 441, and upwards, the property of 'Messrs. Grant and Co. Cheaps;;le. It appeared in evidence, that the prisoner Young sveitt to the shop of the prosecutors on the 2:ith of June, represented himself to be a show , keeper at Alban, , , and ordered the goods in question. The prisoner was very particular in the deduction of the discount 'foe ready .money, t h e goo d s 1 , 1 -ere sent with a bill of purceht, ac cording to his order, to the Cross Keys, St. John street. .The porter ,who. took the goods found the prisnuer ?t the gateway of the inns and they went Alto the parlottr, where the prisoner called .for rain and water, The story of ,Young was, , that his wife bad a party 'up stairs, and his horse and chaise stood in the yard. The'porter had not .parted with possession of the property when the prisoner amused him with this story, but: shortly after Molloy, made his appearance, and the pri 7 . sotto . Young described him as ltis servant, and ;s,eot him up stairs w;ili the gods and the hill of p ivcels, stating, that woo,' send down amount at the bill. After akw minutes had elapsed, Arming aifeeted surprise that his Servant was so long gone, but he attrihitted it to wife , being- closely 'engaged with sonic f r kods, nil he left the mops to fetch the money, lint neither ever rettwned, and tht: porter was left with the : rum and water to pay, and in possession of the receipt,— The goods were' afterwards found at Yottlq't , lod4ings. Ralph Wag aCtialttCti, nu evidettO ing beers advanced against him, but the other two were convicted. Badeock, Brady, a n t lifill, the former of whom was convicted on S;tnrday, for uttering lovged check for 501. Qn the banking -house of Robot rs, Curti', and Cu. oar) the tWo otheys of a toisdeinea iiipminselliog, aiding, and abating the. "id Wilcock to commit felony, were brought h p t o h '. it the decis ion of the J mikes" on points of Ltw, oo two oh.leetions talien by the Conma for the tiriorstric, Itte .nett 't sat t't:tmoti p Pt om's Ch...;,ittbm on .'Wetlttesthly Wliettwr Riehardlson, who' bad been traos ported for tz.wiett yetirtit, tt - 1(1 Ittd been twiee for temppritry escapes W 413 3 etilapetesst, vie s , h e n ot,; having .IC;erved his time 0 . 14 ., fri ; e tw o Judgel, BATI.Wi anti GifinS. were of opinion tie:A itieburdson laving been punished for the c s :o • pes„ nd having - been regniarly clisc:lll.irgcd at. t1,:.1 ation of ilk P,t - .-ntence, he %VAS reStOredto ,OCitty. The Pac,,t),, adanssed the pEisone-rs, t2')t.l nformed th.ein, that therJudges had met athi ile iberated o the objections 'taken, and they were mann - n(111;1y of opinion as to Richardsons coin ietencv as a witness ; and that. Ilili was. also an accessiiry before the fact Badcoek and 'Brady, who lo.d received sentence of death at a former session, v: ere taken from the Dock, when Hill was asked, " Why sentence of death strould nut be passed upon The prisoner, by Counsel, pleaded the benefit of the Statute, not having' received the nenelit of clergy at any former period.. Mr: .f...;uttvEY tiled iccounter plea, which stated that the prisoner had formerly been transported by sentence of dna Court, and had taken the be nefit of clergy. The indictment on which lit-was convicted, on the '_';till; of October, in the 35th year of the reign of the 'present Kling, w then put in and read. The prisoner had'heen convict ed, and received sentence of transportation for an assault, with intent to rob Wm. Spice. The RicortnEE bete obsereed, that the prisoner had taken the benefit of clergy. When asked "what he had to say, why he should not receive judg ment to (tie uccording. to law," and he was not entitled to (hi so again. The Counsel for the prisoner then denied that he was the man so convicted. The prisoner was.then put on his trial,-.and the fact of his having been convicted forleiony.. and Sentenced to transportation -in October, 17-'A, proved by Mr. Kirby, the Clerk of the. Papers, and by a 'introit: of Bow-street, who took him inn) custody: The witnesses, swore to the identity of the prisoier, and after retiring they', found him guilty. Mr. Seejeant PELL, Messrs.ALLEY and POOLE?, proceeded on the point of law. Mr. Seijeant Fproduced the Act of the itb of Geo. 11. cap. 21. which he contended expressly poiwe : out the punishment to the crime of which tile prisoner liad been formerly convicted. .The Learned Ser jeaut then read the Act, whkh enacts, that from and after the first of May, 1/3-1, Whiasoevershall, with any offensive weapon or instrument, unlaw, fully and maliciously make an 'assault, or shall, by meatus or in or by any manner, demand money, goods, or chattels; of or. frOm any person -or per sons, with a felonious intent, that such constitut , edrobbery, upon such rrson .or persons, that then end in such cases, or in every case, a person or persons so offending, being thereof lawfully convicted, shall he adjudged guilty ot felony ; and every such offender and offenders shall be subject and liable to be transported, as in cases of felony, for the term of seven years. Mr. Serjeant PELL contended, that the word ing'of the latter part of the Act,- created,punish merit for the offence. That part of the clause which declared the offence to be felony, annexed the speCific punishment to it iu the following. sen tence, " and every such offender, &e," The, Learned Counsel continued, that if the dime had stopped at the words " guilty of felony," be should hoe coneeived such to have been a clergy. able felony, but.there mass coupled to it a spetitic A. nil" 'nip of. fence was created by the Statute, and punishment was annexed. The ItEcoanEa observed, be had no doubt of' the prisoner having formerly received benefit of clergy, but as'the objection had been made, be would lay it before the Privy Council, On present lug the Report, but for himself he had overruled it. • - Sallie (lay the Iteeordet paiscd _sentence on . the folltiwing.prispners, • Charles Wheyler, 'lose:tt NfOse, David tlosittili, Mu r y loney and Jktnes Smith, to he transporfed for life,---461111 Ilopgood, .lieury.Dale, and Ann Arnett, for 1 , 1 Jones, James Alittold, Sarah I)evritig, Ellr.abeth Beadle,' Thomas Ni) ! isitery, 'flumes Jeffery, 'Mary • Clarlc, , lohti 'Whale, Ann . Jenningx, Sttototali Green, Penja :min Willis, ‘Villiant Kemp, 'Thomas Sargent, Anti Itiwe, yk ein un,Thonjai Upcott, ;tames Voting, Josql) 11101- Loy, ‘Villiato Fear, Charlotte May, Niary. Baker alias Cathe rine 15.1‘Cinley, mint IT hinnas Coventry, fur? years. tour Hera tentented to he infpriotted in iliellonse of Cor rect;est Clerkettwell for 2years— for one year titidl). fur 6 c:ilenticr inon‘hs car.:.h-5 to he imprisqled ill Nctivgittv for Various rriods, , -7 to be ptthliely and 3 privit!Lely ritsiiited-14 were fined le, each and eltargeit-,and were discharged by prociilMiltiOn. Yesterday, about twelve o'clock, John Itagen, a lad of 13 or 14 years, was apparently &Owned while bathing near the Strand Bridge : he Wal under water about ten Minutes, rescued by some watermen, and restored to animation by the means recomtnended by the ,llumaue ,Society. It is la mentable that none of the many accidents that have occurrol at this particularly dange'rons place have become lessons of prudence to bathers. On the morning of the 30th tilt. at Barnard castle, Sarah, wife of Joseph Walker, was found on. the floor, with her throat cut from ear to ear. She had for some time been in It state of lunacy, .and had been left in bed, apparently tali' asleep, only for about a, quarter of an hour, by her son and daughter, who, on returning discovered their mother in the above horrible sittiatipn. 'What is very remarkable, slier had caught the nobt part of her blood in a pot, which she had placed oarefuliv under the bed. Leicester, Loughborough, and the intermedi ite villages, Scer visited on the 9th inst. between four aril five O'CAOCk in the, afternoon, with due most awful antt - tre . mendouS thunder and lightning ever hefore kw ti ly) the oldest inhabitants. At Lei cester, one thud was killed and ;mother 'sirttelf. .blind. At Longhborongh,, the: witid‘Ws were shook in a most alarming manner,. a feW brickS were knocked. off from the top of a airuney, and , Mr. Bridgett, the gardener, who, 111011 g With two of 1110 taco, had talio,ll OleltCr Pauli: a lied in his garden,., were all instnutaneansly struck.' down, froi4 the- effects, of a tire ball, which fell about half dozen yards from them, and quite: enve loped . them, 'for the moment, iii fire and ,smoke, pre them, At liirstall, but did . not.Otberwise five lambs, which were sheltering under an oak tree , were AiMed, 4nd`alsd a carrion CIOW, Willett happened to have perched in the said tree ! And at Rothley,,the rain literally fell in torrents ; hail alto fell to such a n extraordinary degree, that ajar the stout was flyer, it was found lying in Sotne places four .or five inches deep : the injury dt.ruc to the fruit is very considerable. SCOTL:`,ND. EDINAU111;1-1, JULY 1 B'.-"-ACCOl`dillp* to the pre sent peices, inclutlim; - the dottei tti 6overntrtent, the.fuflovviog the vatue of 'produee.'.iniporzed iitto the Clyde, by the late Sngar num Cott nu 17(1,174 • 152,1410 All other produce 207,015 .i s ilol,ll C. The Marquis of Douglas has at present i num ber of men, employed in taking down honse. in ti,! high town of Hamilton, in order to enlerge I)is pleasure grounds. A. man employed in this work was, on Wedaesday, killed by it large stone fall ing upon him, front the fourth .:toty Of one of the bonses.—lle has left a wifc. and Emily. Op Wednesday se'nnigrit,. Joseph - Dawson, a native of Buckie, was committed IleiSQtlet*, to the Toll-booth of Banff, accused of assaulting a young girl near Finuachty. Lately, in blowing up a rock of white free stone at Ardrossan, a part of a tree was found completeliietrifted into the nature rock. = From the Vqkience ofthe blast, a large portion of this natural , enriosity,was reduced into atoms.— One piece, was entire', 15 inches in length and 9 in girth ; the colour of the hark s with Orc appear /nee of branches from the parent stem, were very visible. :Pew places present themselves more.: worthy the attention of adepts in natnral history than the rocks around Ardrossan, composed of an endless variety of strata of metals, severat of which ,bear evident marks Of 'volcanic production. About ten days ago, a man, in digging a drain on ,the farm of licidleston, in the parish of Gar vock, turned up a gold coin , of the reign of .Tames VI. It is extremely thin, but in circumference it, iseqtr - t1 to an : English halfpenny of coinage 1799. It is in a state of complete preservation, the Je vices and inscriptions being nearly as visible and entire as if it had come immediately from the . mint. On the e: , :ergue there is a coat of. arms. surmounted by a coronet ; the inscription is Ja . • cobus VI. D. G. R, Seotornin. On the reverse, ti sceptre and sword crossed, with a lesser coronet at top, a thiStle ou each side, anti underneath, the date IGO!. The inscription popull• supreiria lex . A whale, nearly 30 feet hi, length, was lately brought ashore in the neighbonrhobd of Irvine. The hay crop in Scotland this sensor is in ge neral somewhat lighter than what is reclioned a good crop. • HIGH COURT OF JUSTICIARY. Thursday came on the trial of James accused of rape and assault. The indictment. states,,that " you the said James Wilson having,, on the 20th day of April, 1813, or on one or other of the days of that month, or of March inl rnediately preceding„ or ,of May immediately fol lowing, on the High-street, or elsewbere, in VAUD.- burgh; met with Janet Scott, presenily or lately residing with William Dickinson, schoolmaster of the parish of Prestonhaugh, ,or Prestonkirk, and residing at Linton, in the county of "'Adding ton, and havinr! atreed .said ..tanet- Scott to proceed along with :you to Paddington, in an empty cart, of which you. had the charge, and the said Janet Scott having proceeded'ac eordingly„ in the said. cart conducted by you, .from Edinburgh towards lladdingr on card " peth Pringle-, servant at Clarhiugton, in. the ntyoi ot Paddington; who nisd came from Min burgh, in company with you and the 'said Ja . net Scott, uliiai lgiatvoiliii,gy:s,tioi dice,ptat s rlo'oritri after ncrit in the county of atteinpt to rise aunt iadecent lib P e a r s t s i i e ng s with,., leer lu ;" —" and Thomas AtkinsOn Mills, sta7 dent, or Irately student of medicine, at Edinburgh; presently residing, with has father, William Mills, at Ilowtle; by WOoha., in the county of Northum berland, who was passing on the high road at the time, and who heard the inid Janet Sciut ciy out several times, '' intirder," having come to her assistance, she, the said Janet Seott at -tbaf'tinie made her escape from you, the said :Tames Wilson; and, further, you the said James followed the said Thomas Atkinson Mills to the public road, did then and there, NvickedlY and feloniously,. attsauk and assault him, and did strike him with your clenched fists sebreral violent blows; in consequence of which be was kubeked down, and, when he was so knocked down, you did continue to strike and kick him .repeatedly, Swearing, and threatening to take until he was resciml by Charles-Watt, carter, hi Had • dington; whereby lie, the said Thomas Atkinson _Mills, was much brnised, and swelled on flathead .and various parts of:his body ;.and thesaid Janet Scott having, in the meanwhile, made her escape, and taken refuge in the house of Joint Duncan, at Sommerfield or Soinnerfield, about half or thereby, from Haddington, you, the said James Wiliam. did, a very short apaoc thareafter, enter the said house,. and drag 'her _forth of the same by violence; and did force her to proceed along the publip road towards Haddington with you, till yoir came to a line in the iniaiediate vieinitY , of the new bnililings at the (,allow green. of Pad dington, into which lane you, the Said James Wil sOu, did drag her, the said Janet Scotr,% l tic. "'list trial was not concluded till late in the evening and'yesterday the Court met-: at eleven o'clock, when the, Jury retorned , their verdict, all in, one voice, finding the Said. James Wilson .guitty Of the assault :on Thoinaii ~Atkinson Mills ; by a great plurality of vbiees,-guilty of the assault on Janet Scott; and, by aPlitrality of voices, the rape lent proven. Their-LiordshiPs,, in .delivering. their "pinions on the degree of pituisbnient proper to he inflicted in a dale so highly aggravated, :expressed their deep abhorrence of the criminal -condnet . of:tk prisoner, and their indignation at the total disre gard of all moral feeling strewn by thoSe people to whom janat Scott applied ,for protee.tion from his brutat lust and violence. After a suitable ath»onition from the Loan Jo 3 7 TICR.CLE:II . K., sentence Was • - prouounced,.ordain ing the prisoner - to be confined in.the Tolbooth of Edinburgh, till Friday, .the Ester or August, nod then to be taken to Paddington, and PublielY whipped throngltithestreets of that btagh, ~and thereafter transported beyondseas, for seven years, Under the usual certification. nUNTE.N;C;DONSIEIRI : : , Ji:_y ,~ Sarah, Farell, cf Great was ititiet"ct \i an a s,ault`on :Ina Lizard, the Hunt at 4 counsel for - the. prosecution , :••,tateJ? although- this ,indietnient canie bt;fcre in the sh- , Ape of a collision it .of very serious consegfienee." It' would be in tlie lark re• m en/bra:ice of ti:e Court, th..t a bout t , .% ago., the saine person, Ann I 4zard, 114 d 1 11 ' 11 t reated as the opinion of the .igas):-!3(, vulgar pcz)'ale who assailed her v, u %' iicb 'fV:s absurd idea seemed to be againrevl.,...l, 11 though the pri.sone t rai:rht plead that :-.iltrg•te" tinder that impresSiOn, yet he trlzsted t:ie wc..411al make a seveee exainple'of her,- inuriler tot deter others in future..Aiin izzard statcj th ll ' she lives at.Grea.t . Paxton, ltnows Sarah ,Fitr . q! who followed her as she was retitruin,;: Ili ~n eight o'etock one evening,—;she came eh,se the witness, knitted her fist, atid ca iled wiwoi old witch—said - witness had a white cat, aP, I sitch that?—and threa tene d to throw -I)er-)').' pond if she did not .To h, • No other evidence being produced,' the juif,.t. found the d ir ° e t i f • e ul t i l I• G F fi a l r v i 1 _ e t 1:; o , i sit ( t s u , eat 0 1; t izzard stated, that 'foe is ., daughter of Aim .Izzard—Lnows ttizird veli.—V,Titness lived with a Mr. Wayr.lar! i l a o 3 r t; so l‘ m -e e ll , t aie r)l . l —!- e e lV v : el ar li d n !to t o ° 4 ‘ I.) l y i e t l i ic ei s i i# l)" : tj!t;: : l l . ::( ,''i ;• ' diet ttut speak to'\'V.srd, butt Tara cal l . t „ l r; tomes one of• Nan izzard's-imps," or four ties with a stick--wituo s m with a tin can Which she had in her baud , Ward then. flung a great stone arlier--witnt• not lait the prisoner with the can till she I ' 3 ' l struck by her. Mr. l'Jiclwell said. , to don't, yoU beat her well, she (•ais let nohodY witness %rent back way home, anclnit t near Sarah lavell's vv ho her—Ward then struck NVit i)CSS t ri 'her in a. ditch-I—Sarah F3vell was - bY• 9"`:`'' well corroborated he above, exceP rullitl "/ Izinrd in the ditch.--Verdiet, Sentence—(in consequence of ,. lu t e ,,g iie tt . , the prisoner) cOmmitted to d a ItYs, and to give security in , 201. rt)r er "P' .11 haviour . for 12 miontlas.!,-Sarah:k ed and discharged. ""------,----....- 7 ..----,--- Mr. FLETCHER, the defendant ill th brought b? Captain GoonALL, wls, Court during the trial, and • had fortitudi to hear the character ,rawn of ..bitu by GARROw. . A Clergyman - at Manchester hstated as sta lowing fact :—Exan,iiiinr, the Register Collegiate Church f or the last six ymber, ears, January I, 16 0 7 , tc i the alst Dece found from the signatures, that so •ruluy persons had beet) m tbeir a rried wit o h wu in tlmo hat ly e were not able to write wo 4t..aiiipears-tlw.t there are ,oxi sbee Sitarind Islands, and t hat their 'ilite6t. V aces stocklogs worth two guineas per .the coarsest worth only lour-pence, On Saturdaysennight, in the evo •concla from Whi t by to 'Sunderland will .:,' lai le 'ed tut 1)alton-bridge; about sls. y, latter place, the coachman hal ins, ne!:;ket•th the drag on the wheel. A leittiile (Ill: a hail two inside 1. o rills broken, a ud was o ther v , • serious wound in, the head. gen tlefnan •in time hurt, and sJJ Last week Ralph Bennet,. or imstoo,,,t,i6 ..n.ancis Greglory, of West Hallam,' 1-I,lle,boi went do,vtt into a coal-pit At the latter pia, % A i Vii, ott attempting to e%plore a passage, It t i , . fluminable s air taking firc brthe candlei t , r , et 11-I")ther pit, called by the colliers a•ile3iLif op tied in their bands, exploded, anti hi11...0 I so k the spot. Both :he bodies were itnio d 1 .4 , ~.........„...") , 0 0 9.' 41 3:l::.o;fitt,..aal_ly::‘.•::iitlteei.t.:lc 0 I ' 4, On Monday 1 4 .3, at Brac t o n I ‘at i , .e, On saut,l4 - y cvenni- 14t qt t hl-4. ' 'lY°f' -° 5 w O uu n q W fit r ici e ,, , , ne .t s u lla s v ia t r h g e: r i e l l‘ *:u : , t s a i t t :lN l :i: ll u P i g a . tu btar Lea o t t l lo t',lo34. F' s(ll 'l l t:nh d rigt, on the 14th init. the,lter• yr ' M.D. aLe 5. ,dAr, , ti Liuni, rl. Lased e~ , : hra _e ll °Sy s : t ifa t et) i t ett;iser 3o :tu f it t ML-'; : it e l:*14(111c111 1 111. 4.. :b: t 1 ; 19PN :e bi 11 of -On the, €,l tio t: 1 , , he 1...1tt4,:n, ~ ,t It John 11.4)(.1110y, I , 4l:ind of t',.ylot). ().1 • :,.. , .)rgoTtly;or, • litti•ticon, I .. , ,Jrchun.sert.3,llu 4, 1 , ~ , If the • Nlitter, , S ' ' • , • ..t)/ c. t r oc.l.lv, the c?iit, - (i t ', .•, ts: st. I I ilitirttotlitsi:. , • , tort. 0:I thy tt tkAurNd x • 4) ;.; 411:1 Ui3 ill.' Mr. :Nict.l,,l.ii , 'lrt!.l4are: l , • Ui p:r). Awt. PitiG.t.: OF STW; Bank Nrtry .' • .3i3 850 t. India LONDON : Printed by ; aid ptihttsbitd by SV. A. at the, SUAT-OF'FICF., N. 1 lg. Strand uteuts, Orders, Lettori (volt paid), &e, ..:: - .1 - ri to ‘'' ;; tl 4 • It_ ,cc ,/, a; , ..t (q. goo ,l Li , =. ti .i ti ood.;' 0; Pi 4is iii Flip i f sceiiiil ~. t.'l' l e cot) 11 : = i c, , ; Sir, 11 ‘" 1 . 1 .1 ,! iSr:: i tbe £' I- 13"11' ( of q ty 4 Li I. IZ. fi l: Vt lC ar ' I 811; oi . 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