The Sun. — London, England, 1805-07-11 00:00:00

LAU' REPORT. OF KINC7 O S BENCII, WESTMINSTER, IULY 9. ajrIINCS r 141b1 Pit IVA lIN FOR Lox!) t I. NSOROUGH, AND A. SPECIAL NtIiSANCF.. THE - 3.UNG V. ALF/BATON, Mr. G-Aa'rlow, foe the 'Prosecution, stated, that this as an :Indiament prosecuted by several re spectable inhabitants of the neighbourhood of Marl borough-street, against.the Defendant, who carried on a very extensive ,pewier rnauufaaory in that utreet; . which was NeOrked with a steam engine thisinittetinent was -not preferre,d thrvgh any Mo tives- whatever of a maltnant nature, but merely with ti'view to'retnedy an evil by some easy means ; in the use of this engine a. large quantity of smoke was emitted, sans to darken' the atmosphere, and a: quantity of grease being used in the proCess, which carried with it such an abominable stench, that he Might well say, as lie remembered hiSarned Friend (Mr: EIiiISINE), once speaking of which, as in this case, some of the Gentlemen of the Jury had , had oe the premises, that it was. rather a smell than a view. This, he' observed, might easily be re medied,' and he adverted to the case of Mr. Thomp . yin, of Aldermanbury„ who had been a nuisance to his neighbours, but very ingeniously contrived to —consume the 4rnolte by fire (a process for which Sonic .person had since obtained a Patent), and thereby prevented every thing which could be at all often sive. If something of the kind Could be done in the present case, the Prosecutor did not seek for more. Lord ELLENBOROUGH intimated to the Counsel on both sides, that this Matter might very well he settled out of Court. Mr. ERS.KINF,,, for the Defendant, slid, he was 'eu willing to do so ; the premises had cost his Client upwards of 70001. he carried on an exten sive, ingenious, and useful branch of trade, and it would be rather hard if he should be obliged to re linquish it. . It NVIAS then agreed that the matter should be left to the four Gentlemen who had viewed the pre mises, and were conversant with the business, to say whether the nuisance existed; and if it did, whether it could be remedied, and if so, in what inu ; the Defendant to undertake to make such alterations as should be direded ; and a verdict was entered accordingly. ASSALILT TIM KING v. mtg. This was an indiaruent for an assault and false Imprisonment. Mr. Ganitow stated, that the Prosecutor, Mr. Robert Anthony Lowrie, was an architetft by pro fession, and resided in the neighbourhood of the iv er a mt , w ho kept wine Vaults in Glasshouse street, Piccadilly. The Prosecutor, who was a man of education, and had seen better days, had purchased .4 pia of kill, fin medicinal purposes, at the shop of the Defendant; `suspeding it wits not full measure, he tried it in a standard treaiure of his own, and found it nearly one-eighth part ; he so9n after went back to , the ,shot', carrying his own measure along with him, and called for another half pint, which appeared to_till the meagure be. longing to the Defendant's shop ; but when he tried it to his Ten measure, he found it as deficientas the former, and observed it to the servant who served hint : she said, her measure was sealed as well as his—and immediately the Defendant came forward, called the Prosecutor a common Informer, produced • a Constable's staff, and sad he would take him into custody : the, Prosecutor remonstrated ; but the . other stind him bY the collar, and calling the as sistance of another Constable r - who' came np at the mot/lent, he dragged him to St. James's watch house, representing to the people in the street, as he passed, that he was a common Informer. On arrive . tog at the watch-house, the watchman, in, the ab sence of. the , Constable, advised the Defendant to bring him before the Magistrates at Marlborough street ; but this would not answer his purpose ; he - insisted on knowing the Prosecutor's name, who, from motives of delicacy, or, some* other particular cause, declined givinfr it. The Defendant then wrote in the watch-book as follows :—" Timo 'thy Surr, charge a man, who refuses to acknow ledge his name and residence, with a charge of false measure, and FM acitiFf. riot in my house, inasmuch as he called out ." irder !" when several persons were present, where no p4rsonal injury ettuld have occurred to then laid stria injunaion ee on the watch not to accept of any 'bail for hlin. This occurred on Saturday evening, and the Prosecutor was kept a close ',prisoner till Monday morning, When he was brought 'before the Magistrates at Marlboroughstreet the Defendant swore an as . sault,against hint, and he was obliged to find bail.— Ho afterwards attended at the', Quarter SesSions, and the Peteridant not appearing to prosecute, he wilurew his recognizance, and commenced :thi3 proiccution. The'Prosecutor having proved these faes, he was by Mr. Ensmgn, on the part of the Dvtilld.int 3 ht wholly denied he had used any op, vrohl.iorts words at the i'Defendant's shop, but adintt ted he had made use of some- hatittlt expressions in th , .. Watch-house; a n d pos i t i ve l y denied: tl at the Defendant kid'otferiNl to liberate hint it he Nrll tell his; name, W.hdri Mr. Eli t lyaNi; pressed 1); aT i oi t the sithjeet of his profesittn, and his••mnde' of l i ce , he btziluo visibly aircaed, and '‘.4,s at last s o tool agitated, that he was obligeil to retire. Whil e ab • sent, one of the Jury declared hehad known him for - sonic years; he was much reduced in the world, and be had employed him sometimes as a jottrne • yman . p:yer-hatiger. tilt h a return, Mr. Easrailr. was proceeding in • his examination ..vitb respect to the measure and fraud on the public ; when Lori ELLENBUROUG o:4,?rved, that if the man COOCIVed himself impo,el upon, it was no risott chould be dragged to the watch-arouse; hi I,fir4- sllip said, lie mentioned this as a caution to the De " l'endarn, When the Proiecutor had 1(.11 his mea.i.nre to 'stand a fair trial, w.,9 he t, - ) be brought to the watch'•house, and afterwards :in assault set up against him ? if this NVL` pei . .T:isted in, he declared the (_.turi would hereafter vi:;it it wi ii a severe punishinent. Mr. Fo:sx.lNr! said, he was instructed that ne had LUlst PON t muted by R • ;it th. SGN-1..)17. several No, itness'estcl,eontradia the whole of the Pro seeutor's testimony. , . . • After some other witnesses were examined, as to the imprisonment of the Prosecutor, Mr. ERSKINE was proceeding to state the del . ace, when . Lord ELLEWBOROUGH again observed, that he would hold the Charge in the Watch-house Book as conclusive evidence tint there Wasno assault by 't'Ae. Prosecutor at the time; it was an after-thought of the , Defendant ; and if any persons were brought to perjure themselves, it should be visited hereafter with doubler weight upon the head of the Doferiamit. Mr. k4RWINE replied, that he should reserve the rest. of his case for the time of the Defendant's being brought uP tbr Judgment. ; Lord .ELLENBCIROI7GII asked for the measures, in order that they might he impounded in Court : the Prowcutor's was produeed, but the Defendant's was not; however,- Mr. Ensursr. said, he should po4- tively prove it was the identical one the Prosecutor had seen in the shop. The Jury found the Defendant Guilty. JULY 10. LORD MACCLESFIELD V. lIODGES AND OTHERS. The Plaintiff resides in Conduit-street, in the P - rish of St. George, Hanover-square : the Defendants are Commissioners tOr paving and lighting that diS tat: The SOLICITOR. PENER AL said, that this adieu was brought-against the Defendants for polling' down and carrying away some gates belonging to the Noble Plaintiff, which obstnicted the communication he tween his Lordship's stables and Maddox-street..... He should slim the title the Plaintiff had to the pos session of the yard thus separated from the street; and he should prove the violence was committed-, after which he was authorised to expeet the verdi& of the Jury. The witnesses having withdrawn, Mr. PARKE, for the Defendants, said, that the parish of St. George, Hanover-square, had always the reputation of decency and propriety, and its af fairs were concluded by Lords Romney and Hampden, and many other persons of the first dlstindion in that neighbourhood. The yard froth which the Public . were excluded by these gates .of the Plaintiff was Public Ground, to the enjoyment of which all His Majesty's Subjeds were entitled. As a proof of this right, he should slim, that for twenty. years past it bad been lighted; and that in 1793, and in 1799, it had been paved at the parochial expense. The Commissioners, who were the Defendants, were ap pointed under the Statute of the e9th Geo. HI. C. 75, and it was their duty not to admit the public pri vileges' to be infringed. If the place were occa sionally converted to the reception of prostitutes, every situation was liable to be abused, and the io. oftensive passengers were not to be denied that ac„.. corm-iodation which, the parochial limits :Itl'orded them. When the evidence was conelvitied, Lord. ELLegeoaouon stated the nature cif. the ;alp, the pnuciples of taw, and the fads as refer able to them. He said, the consideration for the Jury was, whetter the space froM which the public were prevented free admission' was, a pleCe.under the care of the Parochial Commissioners:; within, the filming of the Ad. A place might be entirely laid open at all times, ar'inight be public 9tily sub If the Jury thought that biS Lordship had no general right, .they. might consider he had a partial right, 'at particular times and seasons, to prevent intrusion on the premises. The circumstance, how ever, of the liipiting and Paving at the expellee of the Pariah, was indicative that no' such right existed' but the Jury would attend to all the circumstances of the case, and draw their conclusion aecorditigly— Verdid for the Defendants. of his habits, his Lordship maimed up the ei-idencc and the Jury delivered the Verdi .--Not The sensation which this decisien occasioned produced some disorder. one Gentleman expre.sled his feelings so clamourously, that he with difficulty escaped immediate punishment. His Lordship said, it he could discover the person who conducted him self so indeeentFy he would instantly coramit.him: Gentlemen ought to be instructed in the resped due to the institutions of public justice. TRH KING V. WALTER WELSH. , • This was an Indiament against the Defendant, for having in his pi.issession naval stores contrary to the Act of the loth of the. King. The Defendant is a Ship-chandler in Wapping. `. The SithICITOR—GBNERAL said, that, for the pro teEtion of the - public property, it was diretilA by Certain Statutes, that naval stores should receive, in the ntanufaoory where. they were prepared, diti-erent marks, by which they could be distinguished from articles of the same kind proVided for private in dividuals. The Defendant had in his posse:ision a large quantity of marked bunting ; and he was sub je,ft to the penalties uhder the A&, if he could not show, either that he was a eontradtor tbr this com modity, or that he had purchased it at a public sale, and could produce a certificate of such purchase. Thomas Walker and John Gottey, the first an ordinary Surveyor, and The last Principal Surveyor of the Thames Police-Office, .went to the house of the Defendant,. and found a large tinion-fiag, (the mate rials of. which was bunting) in the shop of Mr. Welsh.He not being able to produce a certificate, they seized the article. With his consent, they examined the whole of his stock, to die value of between 4 and 60001. but discovered no other illegal . property 'on the premises. , • Mr. EaSkit4E, on the part Of -the-Defeno4nt,- said, that although he had procured bail, he was at that moment in Court to surrender himself to the justice of his Country if he were fbund guilty. He would admit the general pritieiple, that ignorantia h-gis non accusal, but the express words of the At stating the crime, required that the delinquent must have the goods wilfully and knowingly in his pos session,.and he denied that the hfinting, distinguish ed as Stores, was wiltitlly and knowingly .in the hands of the , Defen&int. 'He was a very young man, and unacquainted with the pros iiionS , of this , recent Statute. So •utterly ignorant Was' he that he was offending against the la«s that he expoied this illicit property to all the world. The Wet Docks: were very lately opened, and exhibited to An admir ing nation one of tic grandest.speEtacles in the *h-7 nafi- of mankind— , an nuinense cottnercia.palace s rising front Ow dust,' which is thstined to become the Mput of rite wcAth of the fdtr liaafters, of the globe 7 -on thi3 tite pelenclaut lent this Flag to a neighbour, to be. s'..l,::cncicd °lt a lofty pine, wie .it would the tt.,tice of the proAgious crowd of Spe6t:v - ,op :iss , ,-inblvd to -Ls it the: - . it possible, if he knew this article weuld ez:,ose vigil to transporta tion fur seven ye:m, tiois thrkm him , • • self lwneato the nplifietLy.yo t r:: of I:4e , After outnevous witnesses had lwt'n en he •' halt:of the who .depo , iv,(l to Op, integrity uti..‘i I) it is, of 0.4, NL irs h. l; ,,,,; (i ri, I:4ov...ortet ; at ! it tt.t.iAm Ai mitt rti Scat rrs, South - hial 'cc No, I IV, '-itphd Y.r:r're - /idt .rt;,s'etntht Ord,vi Ivr the Pape'', Letters for the Fditvr, (bost-Da4), OLD BAILEY. Yesterday the Sossions commenced -before Sir SoULDUN IAWRF;NCEi Mr. Justice CtrAmßßE,..luid the City!Otlicers. • • • Christopher POliard wa indieted for a misde meanor' in obstrufting Captain Parry, and the crew, of His Majesty's Cutter the-Resolution, while mak ing a seizure of contraband goods. • It will be remembered that John George was con viaed at a recent Session, and has Sitic. been exe- . clued, for firing at the' crew of the. Cotter. Capt. Ptirry stated, that on the loth of January, -after the seizure had been made, a person dressed in a blue surtout coat, with white buttons, conversed, with him some thne respe&ilig the seizure; but he could not swear to the identity of the Prisoner. • • • Three Seamen on board the Cutter conoborated the above statement with respe& to the dress of the person who conversed with the Captain, and added,. that the same person shook hands with several of the. King's men, and requested of them to aa with ho nour. On leaving them he exclaimed, " D.--41 them that turn Judas ;" and shortly after the smugglers cheered, and commenced an attack with stones and fire-arins, which wounded several of the crew 'of the Cutter. These witnesses also refused to swear to the identity of the Prisoner. Joseph George and 'Ann his wife stated, that they saw' the Prisoner amongst the smugglers before an attack was commenced, and that the ,Prisoner was in company with John George (who was conviaed) when he requested of witness, Joseph George, to assistaii rescuing the goods. They, howeVer, -va ried materially with reSpea to the Prisoner's dress. The. Jury retired some time, and returned a ver diet of acquittal. MIDDLESEX SESSIONS. YES4ERDA-i" Martha Howard was tried for wilful and cOn-apt Perjury, in swearing falsely at the trial of :seause before Lord ELLEmmitOnon, in the Court of King's Bench. The filets of this case were the same as at the trial of Mary Harford, who was con viaed of perjury oh Monday. The Prisoner made a similar deposition at Westminster Hall, and after the Perjury had been dearly proved, the Jury found her Guilty. • GeorgianaDerville, a 'notorious Priestess of Venus, was indiaed by the Officers of St. James s Parish for keeping a disorderly house in Lower James street, Grosvenor-square. It was proved by several respe6lable Witnesses, that the Defendant's House had long been a nuisance to the neighbourhood, and that the 11,Ail 3istrhood cxilibitod . thorncOyea in th, most indecent situations , at the windows; it, how ever, appeared the Parish had negle&ed to prove that the Defendant paid rent and taxes for the house in question, in consequence of which she was ac quitted. It seems she left the house as soon as a prosecution was commenced against her. Foa9ERY.---Yesterday a young man underwent an examination at" the Mansion-house, before the LORD MAYOR, charged with forging and uttering a Draft upon the . Banking4house of Sir RICHAUD CA RR GLYN and Co. purporting to be the Draft of a tradesman in 'Change Alley, for 201. which was de te6ted before paid. In his defence, the Prisoner said he found it. He was remanded for further examination. Tab, Cook, and Lambert, three of the men con cerned in the b6rglary in the house of Mr. Buck hurst, of St. Mary's, in Romney Marsh, had nearly etreated their, escape .from the gaol, at New-Hall, last Vriday evening, having sawed asunder their irons ,and the bars of the windows, although they were an inch and an half thick ; when,. about nine o'clock, the gaoler, going in as usual, luckily discovered these c;rcunbtances, and prevented them. A watch spring, which had been converted into a saw, was the only instrument found on their persons. ' TheY have since, for better security, each had an additional pair of irons. After the amusement at Cricklewood, on 'Monday, and the Pugilistic Corps , had refreshed themselves, another pitched battle was fought for ten guineas, at Kennington Common, between Dowling, a tailor, who was seconded by Jemmy front Town, and cogley, a shoemaker, who was seconded by Maddox. This fig - lit was made when the Black had beaten his man, and at six o'clock in the evening they set to. It was a complete novel scene, as neither of the com batants excoeded four feet in height. They, how ever, fought in a determined manner, and each hdd the best of it alternately ; but after many clean Rnock-down blows, Siiip was declared the vi6tor, after fighting 27 obstinate rounds. The Ccimmon was filled with vehicles, and .the admirers were as numerous as at the battle in the morning. _ . The 'faith of the amateurs: - of pugilism, in WiAt. is technically called 'science, begins to be a little shaken. Dutch Sam, one of the greatest masters in the art, received a few days ago, a complete drub bing, in a casual re?wcinke with a slayer of sheep. and oxen. Passit * r over,Wimbledon Common, on his way to TOwn,from Thames Ditton, where he has been for some time itt training, he fastened , a, quarrel on the Butcher; to it they went.; the strength and resolution of the tr.dn of blood pre vailed over the skill and dexterity of Sam, Who was every time knocked down like a 'bullock. In the hope of intimidating the Butcher, he was told, dur ing the. that he was contending with Dutch " Be; he the Devil," said the Butcher, " will bang hiM. well now I am at it ;" and he'kept his , word. In the course of a dozen rounds he so cat up the Hollander, that he could scarce see or stand ; and he was obliged to acknowledge himself • , beaten, tor.the first time in 116' life. 4,113.3DRACT OF BILL :~, - 1 F 1 ~' ~i3 . . ----- To Amend an A.ft passed in the fourth year of , present I.V4jesty, intituied, r.: An Aa for Prevent. ing inconvenient:les arking in cases of INTercluots, and such.other Persons as are within the de. scription of. the Statutes relating- to 'flanlirupts, being entitled to Privilege of Parliament, and he; coinn - 4 Insolvent; and tO prevent delay in enter. in g appearances in ...k.ftiOns brought against. Per son shaving Privilege of Parliainent." of the fourth of The Bill, after re.citing, the A 3 the King, declares, that the provision of the salve; for granting bonds, has been found, extremely salutary ; but that it lia,l on wiriooc. • casions• been rendered nugatory, by the impossibi* of enforcing the entering appearance; in v fit payment o f the sums for which such bonds had been given. .. . • To rem* -this .-inconvenience, Clauses to tlia following elle& are proposed to be eugled, viv When any summons shall be sued out against at by experioncei. trader or perskin within "the deScription of the . 11 ` . 'lament, and who has entered, agreeably relating. to. Bankrupts, and•having.Privilege of Par to t.ll M t .' into a bond to pay such sums . a maybe re col la adions against him, such persOn shall also, 0 1111 ! 3 mouths after personal service of the" st: mons, cause an a ppearance to be enter ed in t4' .proper Court , an d, on default thereof, shall b e a „ c. counted bankrupt from the service of the sanVt; In Cases of negle& on the part of a Defeada, ut, w ei Plaintiff may enter an appearance for hi m. in cl i of Bills of Discovery, filed in. Cdurts of B(Ilil,„, process or 'seqUeStration issued against a per 9 7, mg Privilege of Parliament does not eato pearauce, the Court is empowered to appoint deckcot, in Court to enter an appearanCe for the Defr) a A In the case . of a Bill in Eqity, to obtain 10 1 r -- : ( sons having Privilege of -Parliament the' dioveryo; facts VP') math, the non-appearance of such Pe r . bee u is to be taken pro cod'esso. After a. Bill 41 ? be ei taken pro confS.oo, and an order or decree 11 _ 35 01 made by- one of the Courts, di reeting ' anY P; o f 410 thing who has Privilege. of Parliament to P),"tariit, money, such parson is, on negle6. of I . l b tha t liable to be - made a Bankrupt.. It is prov"'ruera., . 'e ;PP hers of PAliament liable to airest, "or to them any of their Privileges• in this Bill shall be construed to makertah ,_,,, On sun dae .. . • - , ... . e n Kan)lre.‘4 Apt'. Swift, after utteritz sotne blitipl i 7 11 ; 0 to be interred, the corp3o was not P erin about'_o be Ostein ‘ t d, i jgitihittitgal t a: i or 31:: c`.o,lflilt hit:lo, to:cs, 03 b, Ns : er l : t: 101 1, '''lting, suddenly fe!l doWn and es.pirect ' itfr a ~% ( : a l e r her head, and IrAldi Il °ll' tat' ''''' . 1 rrcarried into the Pburth, . a i i of :itlY:gasC::ldier in the Bait . 9,0 ' 3 mili. ' la -' s 1 5 ' 13: ' ve tefr.:,ttaoiianri.4e,O3,o:o::::l::::Pfsi oa P-C aa tu l a. • -11s1A1.0A.:(7nrehtitiaop:vi°as.:e.h.etlrea_3(r11-norl'e.,34Fl:lll).ialr:,Ylitoialtsdl .Ntilheia:dfie .nesietcs:liao'ly'tilileil::ol.lri,}l::ose o'gr‘s°lll4lehei:ph: left to theft 00001. 3-yreacil• , eO . O hn . r a , rge .aiieniblage allitiiiid-1,30 ce l `: ° 1 the f ron 0 - -.-' tairi 5 gOCd horses Were in' Welo°llmo svere btritneeclecrrtLyiace_netidail4ice:llye its their depredations', ~,eri..• , el l° .41,er\,::::ili4stiero0i:skt_tteifieeir,i0..brriii7yri(ii)r.lioittydate:strc jOstii.e:,s:ll3l.si :it, t‘o.o:ll.olsclric.Srt:loied,uidt::r.l3violbndelortejvg..:,ive:tlivi,t.)::t:letint.t.i:ol,...i,',:il,l,o::::'l,lo-licel;4l:l,f b ea high price,;.-'--Tbelight-li°g'r,r'ii'l4'. I'tid- - llstlri t•• aay j hc SeXeral. Gent lemen Chu. ter, Ov ,„"). • and §WIFT :Ind Co. at. 171. 2.3: 9d P t i, . fablic thai ever wa3 tnade. Tlid Lottery will ~ at . ' the 2.5,q0u ickets, only, and .t 3 to bJ,0111), t i le 1,0 11 Septeinber. The Tielseta are ortlW", ' of the TNasury to be ready in a few LieY s * —..„_._—..._---:_......—..ft-- Still' NEO. . A ..,....... GOI/4VSSIiND, .11.0-1 c 9+ 1 , (?": I'l' " • IOW: ''..cl.lll%VtleaSPliirgiata:tilistelitts:si,i;kGl-I:rtY:4l:ll:,e'ee;rl,:il63l:Vilril.fr,c;snilvilt4tivCl):ti;:i.titi;li:l;:':.''''ll:l-:4‘'.1:::;;;Vir:::::c.::'I1)r)o,VIVe°1111;e19111i4glirti I Jo ( lilaivfot 0°11`4#11" S rr Tonningen. . '. ' ... -10,?Rfinip. .- • o r 1 41 ' L r !ow: , , ' ll On the 2.ith tilt. at Swalfhant, in 'Pie -:(11 qitili4`,:o,, folks W. FL C. 13.-nej..:t ESq. 01' II"' 1)(1:1j1f1J1111.14 Miss Nelson, dattiliter o ' f the Lite !L ev. lot of Fransham, ie snie CountY. /foil sC;:lo',ii!‘, On irlouttays al the a „ Nt t i t the Oen , .01., pooliilsr tilhanishirct.Lieutenant-Colonel Ctl,Q,qicioort'l, / Co clstre:lnt c•uaids, to Nisi I:111C IN i 11..,.. I, daughter of the late Sir lohn tVlittetbotql i!i'lc'hi Mt , ~,i t 'ir °" Tuesday lair at Sc. Various (4,00,1400,01 u Weeks or Salisbut;, to Nliss Kooo,c,f! ~,,,,, T0t0,'.., (?' Attain ' it oc'zier, of t;louceste.r. p lace, . _,,,..1,,11:71; x,i,,..,:,,,c, , On flee iple or Ai4il last, .11 4,11..1';' of 0 1 ! ' I l i H: l 4 Pinci i'tOrtiliOSVCS, of the 6111 Pt egoV ci , icon, 1f..0c„,t,5, M. lolinson, cLitighter of sit joilit'in,." 0, otlit. . ,:l flour Of t Ito nuptial, of their (:‘,"",",ll,l'j)rllllo.?4jii'l'isi'ij'' Regiment gave.. ti u'rrs• slitcoilid 0.0...-,, i 4 30,1 ti.l . I)istrict over which •Coiouci "''‘ ~' " 1 , cipAl inliabitatts of eot. 1,1::,•-• • -----"--- ..................-- . ~ -............................. 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