The Sun. — London, England, 1816-08-07 00:00:00

r • YORK ASSIZ E S. iii' `~. ~'. :~ ' 3 i'~ , • M ~' ~ s I t 1 t w glI ~~{\ ~~\ _,s ~~( ~ \! tiY tpr- . • lliSt MTN :COURT.---BeAre Mr. Baron ‘ , BIGHT V. 11011T6 N. , • This was a qui - tom action brought by the in arrier to recover from the defendant, Thomas Horton, E.g. of How royde, near Halifax, certain penalticsotated to have been iacurred fur magis terial acts performed by the defendant; withbut 'being possessed of the property reqnired by the law as a yialification for acting aS a Magistrate. Mr. SCARLE'rt stated the case, to the jury. He said that the present act lob was bronght,to enforce the execution of a valuable Act-of Parliament, the object of which *at to prevent needy and de pendent persons from exercising the offices hf magistracy, who might from their neeessitous cir cumstances be induced to act corruptly or impro perly. TO prevent this, the law required the pos. tession of certain visible property to a determinate amount, aS a necessary prerequisite ; wizhout 'which a person could not 'apt as a Magistrate, incurring very serioni penalt ies. ot Air Horto n he knew n o thing, and sh ould mice ea observatilms.(tpon , nim which did not arise Vint of the cause : he could not, however, avoid eniatklo g , that it would have been mitre decorous in him to hove retired fromobe exercise of ma gisterial tooctions when. he-was deprixed of the legal right to discharge them. 'Air. Scarlett pro ceeded to state, that by the htli of eel). 11., ex plained and amended by an A'ct passed in the '22d year of the said reign, the possession of 1001. a year, in freebold,• copyhold, or leasehold pro perty, secured in the manner stated by the Act, or the reversion of landed property to the amount of 3001. per annum, was made a necessary-qoali fiCatioo of all persons acting as Justices of the Peure in England. The proof of this,qualifiea tion ‘fris to he delivered in open Court, and 4 schedule of the property on which it was foiinded. With these forms the defendant, bath originally complied ; but it was not only necessary !oat .the qualification have at first existed, but that it should continue ; and the Act required,, that if by the alienation of this property this tptalificatiou Should be lost, and. an action should be brought under t he Act, the defendant shottld give notice to the plaintiff in tire, action as to what property be meant to,groundhis'quillification on. 'fins notice the defendant had not given. The Learned Counsel then proceeded to. state, : that Mr. Horton had been in custody at York castle, at the suit of his creditors but front which be was released, by delivering in a schedule, and making .an assign . went of all his property, tin* the provisions ,of the Insolvent .Act. , Having complied ; with this,, be_ was (Untamed but ;;Ivhsetitient to the execu tion of the assignment, lie had, in divers instances, deted,as a MAgistrate, him ' to. a verdict..for;such penalties as the Act of -Par lianient bad given to the per3on .suing for the saute. , • Mr. Wm. Wooler was shown several warrants, awl other official papers, signed by l Mr. Horton 1/4°,a , niagtitrate of the NVest Riding they were flitted jo the mould's of October .and November 144,40.1O(1 which lie stated.to be the hand-i.vriting .Mr, Horton. The . defendant, he said, had recently acted as chairman at aQuarter Sessions. Mr. Jolni Voljambe, the Deputy clerk of the Peace fur the Vest Riding, proved that Mr. ton„ was discharged not of . the cultody of Mr. kitaveley, the Governor the Castle of Yrnit, Oti-dtrtlik"! provisions Of the lnsolt ern Act, on the . 41711., of January 18,14 , , ,and, that lie gave in the necessary schedule,. and , made the assignment of his property required :by 'the act. . • . . Mr. Foljambe, ill answer to a. question from the deictulant's. ; Counsel, said, that Mr. Horton sites a gentleman of an ancient family, and a re lation of Sit' Watts Horton. AlcliAltDSON, for Oie defence, Saiti, that it Was trite that Mr; Lipton had of late years, tit!Ongb Misfortittir*, tO Wbivit We are all,sobject„ puffered a great deelension in his fortnne, but lie }tall not ; Assigned the office of a magistrate impro perly ; and during his pore prosperous days he bad reudered,useful.aMl honourable servic es . to his eountry in this capacity c and when the ountry . Atoml in need of military services, lie had been Atutmg the, foremost. in the pnSt honour, loving commanded the Volunteer. Corps raised in the district in which be resided', and sub. sequcntly ,the Local Militia, compo,ed, 'in a ,treat measure. of the members of his corps. ; The estate at Howroyd had. descended. to the de fendant through a limg §erits of ancestors, and t!,01.4 ,1i he was obliged to retire to thelsie of 'M i nn for ptotection from his ereditOrs, and 'was a tracked 4)n his return hya number uF acceptances, which the first witness (Woofer) ought to have provided . ler; yet, when he came to examine into the state Aaf, his affairs, he found that, there w;ls : a strong ~tr. not only that 'his est at es would tijs charge all his debts, but that there would remain a surplus, for his own use; of more than 1001. Tier an ti The Jury ittimedbit.th foalid a verdict fur the Danetges, 1001. ; costs, 403. -Ward, late of flothwelt; wn s c ommitted on Tue•day last for suliniUisteriUg • 1 „, 1 ,0., to sister. The,prisoner, is only 17 yew's oi. age. It was a most paioftil circumstanee in this c.: sr, thee the(110 , 1 to.antevial witnesses were persons nearly connected with, the prioner, a Sister and ,a younger brother. It ,was with the utmost diffi culty that bnswera could be obtained from the Pinner to question, the tendency of which was xr t crimioate_ the prkotter, who had no Coluisel. .littigc took great pins to 'investigate the cir- CunlitauCes of the rase;; the prof very. cont. elusive. :dte r retiring fora few minutes ) found the prisoner Gailty,' and his I , firdship fnediate,ly passed *sentence of death . (woo her, and exrressly stated, that sentenee would inevitably be executed. , - J)ORSET A SSI3ES. Ott Thursday, August,J, Mr. Justice PARK ar• lived at Dorchester, and opened the Commission for :tile Sutnincr , As*ize for this County. The lutrt.then ntliotirticti till the_following day, on account of Jlic2b3rnceol Air, Jut! ice fioutoYD, who was'accidentally "detained at Salisbury. On Friday, at halt-past eleven o'clock, the Ica.rned Judge not having tlien arrived, Air. Jus- 2 2 3, , # ' Lice l ' AltN. went into : the Crown Court and ail dressed the Grand Jury, Ile stated, that as he was talteu by surprise, it . being the tiuty uf his learned livOtper to preside in that Court, he could not be expected to instruct them so fidly as the nature of the different offeticei might retpiire. 11,e was happy to perceive, however, from the hasty view he had' taken of the calendar, that it con tained no cases, except one, which were not of ordinary occurrence. The LitSe to 'he alluded was that of a great body of people having tumultuously assembled at Itritiport, for very lawless and unjust purposes. It appear ed that this riot had been committed merely be cause those deluded persons imagined they should be able to redress certain gi ievances under which they laboured but• it was nwelt 'to be lamented that they, should think such a measure could add to their cUrnforts. Unfortunately, if conviction should follow, they would find that the strong arm of the law must punish the wrOng-doer : the Ma gistrate-did not bear the sword io vain, but must' wield. it for the purposes of virtue and justice. The Grand Jury would have to teach them this fearful lesson; and when they retired to their private resi denCes,it would be necessary to Morin their less en ; lightened neighbour., that all attempts of thii kind orly int ceased the evil ; it was one of those things, the end whereof is death. These was no occasion to plead poverty . for the purposes of crime ; charity v,;is never withheld from the honest and in dustrious, hilt measures of this nature hardened the beaus of the charitable; and it was only to be wished Oott cite deluded part of mankind would taste' warning by these cases. The distressei which these persons sought , .to relieve by their own violent and tionultuotis conduct arose oat of the, peculiar circumstances of the times, and emit(' not be expected to last long; but he was sorry to say, there were persons of that nefarious charac ter among us who turned it temporary ptessure into a belief that it would he permanent. Such persons were enemies to the good order and peace I of society, and should be carefully avoided by the poor and illiterate. The Learned Judge then al laded to the late riots in another part of thecorm try, and alter coniplimenting the Grand Jury for the energy which the police of their eounty had displayed in suppressing - the disturbances at Brill port, he,dismissed them for the 'purpose of floci; ing hills against such of the prisoners as might appear to be guilty. SATURDAY, AUGUST 3. Jacob Powell, John Tolemon the younaer, :umiak Saunders, Hannah Patsyll, and Elizabeth Phillips, were indicted for having unlawfully and riotously assembled, together with a great mini ..ber. of other eril-disposed: persons,, aumenting to 200 and more, at Bridport, in the County of Dor set, on the 29th day of April last: Mr. Mootte - , bn the part of the Crown, stated, that the pristmers at the bar stood indicted for an offence which, though not a felony, was, - almost as serious' in its nature as any that could be brought before a jury. lit conscquence of the situation in which , the country had been lately place tl, a great clamour bad been raised : hitAillst the bakers in . Ilridport, and on the 29th of April lost a most serious and riot. took plaCe iu .that town:. It was fit that the labouring classes of the community should know, that by taking these steps they deprived them selves of the means of obtaining provisions, and thereby only increased the distresses of they complained, It was for the purpose of re pressing this evil-that the preseur prosecution bad been.institnted ; and he 511401 d call witnesses who would identify each of the prisoners as taking . a very. active part in the riots. They attacked the bakers, and curried away a great quantity of `strong beer from the brewery of Messrs. Gundry and Co. which they intended to : distribute among their deluded and lapiless companions : in addi him) to these ontrages, th'e,y.placed loaves of bread on a pole, to instigate others to tumult, and used the most threatening language. If he should prove• that all the prisoners were implicated in these transactions, he was sure the Jury would hear from the Learned. Judge that they had sub-, jented themselves to the correction of the low ; and he hop.ed their cases would he a warning to the rest of the community not to engage in such violent and lawless p ro ceedings. Mr. Edward Nicholas, Richard Burden, Robert Turner, skate Corniek, and William' Dimond, proved the facts. The prisoner Powell, in his defence, said he met the dray, and had both his hands In his pockets. He saw.a woman fall from it, and went to pre vent its going over her, He stoopedfiown, when the people crowded about him, He then jumped on the dray,. to escape being:lnjured. Mr. Ni cholas ordered him off, which he did not reflse, lie Was then ordered to' go. to the Town-hall, Which he agreed to do. fie had no staff' in hii hands-Toleman said be was secluding in the street when the dray came up. Two women fell K: he went to help ode of them up.. She had a loaf ona,stick, and he was then taken into tnstorly..r.- SuAannah Saunders said she was not in. the mob till she was taken up : she had been at „home. at, work.—llannab Powell stated, that,. she was in the : town, but slid not break any windows. Eliza beth •Phillipsiaid'she was going up the : town to seek for :work.--No svitnessys; were called to con firm (hese different statements, but :several per sons.,gave each of tbe prisoners' a good character. They all appeared to have been honest ,intlnstriollti, sober,, and peaceahle, till. these transactions'„— Jecoh Powell was a WAMt.COlllber . j 'Tolotiair, a flax-dresser ; Susannah Saunters' and tl aima n rowell were spinsters ; Elizahsth Phillips was the wife of a mason ; she was touch affected dining the. ,trial, end held an infant in her arms. Mr.Justiee 1-Joettoy ; addressed the Jut y. pie -observed,-that-this.rwas an indictment against the live prisoners' ,at the bur for 'having on the 29th of April last tumultoously assembled at Ilridport, and making a riot to the,disturbane.e of the King's peace ; certainly- iCappeared in evidence that there I,vas.a very great riot on. that (lay. It seemed to have been occasioned by.the high prices of proyi sions'which then prevailed, and the rioters appeared to have seized the dray for the purpose, as they supposed, of, redressing:some grievances. ; It w-.(s very unfortunate - suflb a step should be taken, which I could have no other effect than to increase the evil complained.of; hecause,if from the circutotonces of ". s .. • - t t ines provisions twee iintisuaily dear, anti the people took these measures into their own hands, the persons who exercised these trades would cease to . carry on builtiesi, and the potir, who could not thents,elves, wind(' get neither the one nor . the other. The' consequence .would then be ten times worse than before. As a reason to show that in genertl the distress arose fro M-causes that could not be prevented; he would Merely observe, that if any tperson asked too much for his articles, others would undersell him, in otder to get the profit to themselves.. l t was lunch to be lamented, that several of the prisoners, who appeared to he industrious persons, should have left their busi ness .to see what was going on. Taking th eir characters into consideration, if' . th e• Jur y' had any doubt of their having assisted in the I.kit, they would feel-it their duty to acquit them ; hitt if they were satisfied with the evidence, their former good conduct could not avail, though it might add to the regret of finding such persons engaged un lawful objects. Ile was glad so see in'the course of the evidence that speedy measures were taken to sup press the disturbance. Mr. Nicholas was entitled to great praise for his spirited conduct, and it was a . very wise step on the part of the magistrates to stave the beer. if that had not been done, the popu lace might have become intoxicated, which would have led to worse nets of mischief. In .outrages of this nature, every one was —responsible for what the others did. The learned Judge then re capitulated the evidence, and the defence of the prisoners. Jacob Powell had stated, that he only tried to help a woman tip : but how Mlle he the people ? Ile-must have been there be fore the woman fell, even if his story were true. There was no proof, however, of what. he scat-A ed ; and Mr. Nicholas had sworn, that lie was. foremost on the dray.. Toleman said, lie was ,standing in the street when the dray rivas brought up ; but ihow came he there ? As to Susannah Saunders and Hannah Powell„ it was much to be lamented that they, as honest indastrionS women, should have joined in such riotous measures. The Jury, holvervr, would weigh the evidence, and it t hey were satisfied of their guilt, their former gornl conduct would not alter the fact. Elizabeth Phillips did mit appear to ha7 , e acted with the mob : she was 50 or 100 yards before ; and though she made use of very violent exptessions, she cer tainly took a less active port thmi the rest. The. Jury would take these circumstances • into consi - -- deration, and, in so doitig, wouldsive her the be nefit of her former good character; The Jury deliberated for a short time, and then returned a verdict of Guilty against all the yri. soners, , , • Sozuel • Ibllett; a lab o urer, was next indicted for haying, on the 29th of April last, unlaw,fully anti riotously assembled with a great number of other persons in the horonAh of Bridfiort, and for having broken the witnio‘vs of the dwelling-house' and shop of John Fowler, of the said borough, baker. The prisoner, in his defence, denied the facts %viten the Learned Jodge lec,toitolalcd the evi,- - dence, rod the ,Jory iontittlimely returned a ver dict of Guilty: &if MIS indicted for having, on the 29th of April last; felonioory eartird) away tt •erilv; Co Itailling 3 norintity of heir, from the pterniies c if nessti. Guidry iinri Co. tit Brkthentri4mpton, ticar Bridpott; in 'he county of Dor , :et,.bretvers.," The prisoner . denied' the , Charge ;- when -the .lodge - addrn - ieil the Jury. He lamented t h a t %.,) young a person (the prisoner was only II G years of age),shotild hive acted with others in invading the premises and stealing the property of the brewerb. There did not.nppear any eviut donee for believing his sitiry,. ttnd therefore the J ur y mus t find. him guilty ff .cfranctlinteny. They returned a verdict accordingly,' but recommended him to :mercy. . . James Stodge ll the ynting‘n. runs indicted for a siosifFir ofrynce, and lotiud Oia/ty. : At four o' clot k the Learned ,liige having gone thrOugh the colendar, the • Court adjourned CM hoif-past live, when he passed sentence on the differenf prigoners. . . Jacob Powell, John Tolernan the youngit, Snsanualt ,Sauntleys,. Ilannah Powell, Elizabeth Phillips, and Sauttlel Follett, were first brought to the bar. . , . . . The Learned Judge observed; that they bad been found guilty of a most netrsgeons riot,at Itridport on the 29th of" April ia'st. It was for innate for them that the Magistrates took mea sures to .supp - ress the disturbances immediately; if the mob had become infuriated with liquor, Mel any lives had been lost', they would all have bees parties, and ansWerablefor the oonsequeneesb Some of them, however, had been more active and forward than the rest, and it was particulara ly to be lamented that pet sons in the habits-of industry should commit acts which ivould'oely ini crease the difficulties ender which they laboured'. The sentence would have been greater, if it had not been.for the activity'of the .Magistrates and some other persons ; hut, tithing all the eircum• stances of each 'case' into consideration, he sen tenced Jacob Powell anti Semliki Follett to be im prisoned for the space of twelve calendar months; John Toleman the younger,to be imprisoned nine mouths ; Susannah Saundeis and Menai) Powell to he imprisoned sic months; Elizabeth Phillips, ho w took a less active part, but used very violent expressions, to be imp isoned three months ; Wil- Ilate FrSt had been recommended to mercy, but be must bc punished according to the nature of his offence ; James Stodgell had not the excuse of youth to plead in his defence': each of them, how ever, had been itepriioned for some time, and as the viots Were to' soon' suppressed; he seuteneed William Fry to pay a fine of Is. tuella be impri soned for .nine months ; anti James Stodgell to - pay a fine of Is. awl imprisoned for.tvielve months; both to he kept to hard labour. John, alias Thomas Rouse, who W 33 convicted of bigamy, was sentenced to be imprisoned for tvvo year., on account of peculiar circumstiinces. . . Lw..weelt, tieta.clitueut's pt the I3th Ligh t Drat gif6ns 3trived in On.!kit!, to f;upEly the place • of the .th Dragoon Guards, who have left that city on the;t• route for Ireland The I3th, who are Waterloo men, are expected to winter at Carlisle. ;~ PO KE INTEti,iGuNcia • Bow-Si _nEir.-- 7 •Lord I,augford attinuled f Office, charged with of wit! - , tip Judge's warran t. - The particulari or tite: , ll of the charge Witi not gone into befOre th't gistrates, listosic and Sir who were sitting at the time,, -but his Lor gate bail himself and iwo sureties, to appe answer to she indictment. ; .. ; ;• QUERN-SavAsts.—A Gentleman named Pat Charged the Driier of the hackney-coach,Nd with overcharging bins in his fare, with g him abusii.e language, and iii the sequel assist • him. The conic:ldMutt agreed to withdra Complaint, on condition of defemiant's tt pardon for the offence' paying all expellees, giving ss. to the Officer who had :the troul Ko after hits. This agreed to, the defeudan dismissed. .Richard Wiltshire and Walter Townsend, ti Wiuliatir Dodd's gang, leere brought up by 4; the watchilien, Who • s4id;thaf about one o' in the morning he heard cries of murder pr om Newton's-court, Chandos-street. that anott.er murder was committed,. 'be pro ed to the spot., and, found the prisoners in patty with Sophia Richardson, one of their there were other persons in the court, but ran off at his approach. lie thought it his however, knowing the prisoners to be bad ch ters, to take them to the watch-house. Thu gistrate commended him for doing so, and o eel him to bring forward any of the gang he sl happen to meet with.—Botit • committed tt House , of Correction. -- • MANSION-1 - IOUSE.---YeStVlllBy Abraham ; I was charged before ,the Loan .MAyoa with ifig - a single boot from the door of a booth in;. the norick; ~--Conintit red for • t rill. Parker, a labourer, employed at ,the New tom-house in, Thamcsrstreet, was charged l'eto with Stealing lead from the building. — commit teil; tor trod. - • " • • SJIA DUI E 0/t , FICE, ---,Yestertlay„. in , c quence of of Lasears'belonging to the East CiAtiory Ship, refusing to iv) on board Ganges, outward bound, three Gentlemen,. a for the otrnersi applied: to, the Magistrates, immediately sent for them Hope, l'ortreny, ris, &c. who found their Only motive was,• not_huving been paid wages due to the the laSt tour months, and which they emit demand on their. return to India.. The a vvere therefore ordered :to settle this demand an Officer accompanied them to Grareseudo they-cheerfully embarked to finish theie,v,nt Ik4 al. &moo -,St - Re.r.T.--James Butler, only ten years' old, teas that ged with rObhint iteitlj A' Child-only 1* years old, on the' of a silk :shawl -belonging to her mother. child's-parents reside in. Brown's-court, ct't nor-square., and permitted her to go kith he tic brother to take a w ,Ik in tlatoes- s "Tc t ' ford-street, when timer ;net the prisoner, trio be was eoing to purchase some fruit, would •• with rliern it they would accolil him ; they accordingly. ‘vent, bat he witch' opportunity when on pet-zoo was pa , ,sit;g, snatehe4 the shawl, with which Ite , riin 14 ,vl,l r.ken until same time afterwards. - prisoner;- though young in years, is own fender and -*as rectignized by all' officers have other similar charges agaimmet •him.: m an ded. CORON INQUE,', , IS. On Monday an ;Inquest, was held at die f . . and Horses, Sum!lberry-green, on the bn W. Parrott, groom' to Sir Joseph Banks.-- Oliver, a, surgeon, deposed, that the dee came to hisslt.op a. few days since and %vas, in conseqnenee of a hurt he received on the from a kick of a horse: on Wednesday caul died. Witness opened his head, and fowl(' ibis, death had , not been. occasioned 4y the hut by delirium, caused,by mental flevi,i` somesorto-4. Phillips,. butler to Sir J. Ii said, the deceascd informed him that he bad bit by a dog in the country, which witness tl made a great impression on his, mind, since time he had been in.a , very desponding state flied in.a state of delirium. —Verdict,--Liouo On Monday an .Impiest Was*. held at the and Star,. Shadwell,, on the body of 1: Master of the ship Sunnyside, of Ne.weastile' Turner, the Mate, stated, that on SatnrditYm ing. the deceased Went into s the Ship's boat to some-letters on her stern, when a barge vF 3 ' nett down by the Aide, .and caught 'the dc c between her stern and the stern of his v, whereby, he was so much bruised, that ( 1' half an hour after.—Verdict,--Aceidenta/ Ile Another. Inquest wasiteld at.the Five Litnehonse, on the hotly of J. Ganloa; 151 ' 1 cro.s.ing the deck of the .Commercial %vett planl• lying in. the Dock, ant! fell into the whereby a , blood-vessel in the abdomen. was tuned, which. caused' his -death in two hou Verdict-,4cridental Death, • • - - An 1n uest Wrait.also held,ra Guy's gogpit' the tlody of It. Millar, 14 years of age.; 9 4 4 Saturday last .eras leaning axer the raili4 lingsgate, looking .at :the vessels, and feti his head upon- one ofthe stairs, which causl immediate death.—Verdict —eleciden la 1 1) ca l On Saturday afternoon an Inquest ryas St, Margaret's Workhouse, West ininateri:.l) body of one James, a boy of about scvt Ye' age,: who waii drowned Uri Thursday . lasr,-by ing.off craft into the Thames. The body tin tanird till Friday morning, at •the staired ntinster-bridge,—Verdiet Found Drosued. l • On Wednetday last, Mrs. /Minus Martin, of Vauxbo daughtsr. • _ MARRIEO: • „ On the tst instant, at Wylie, near Weytuontli. 1-4 e" Robert ltegimeat, to Anne, second tlttog Captain Wilkinson of the Navy, Weymouth. I On l'ousd:iy, at ' Beckenham, Kent, Mr. Baker, lane,. to Miss Prichett, only daughter of 'Abe kits: Rev. Pritdiutt, Rector of Layham, Suffolk. _ DUD. At tile Coltear, Etr,in,Jatnes.ftQbertton, Es q. late Wand ut Jamaica. LONPOti : Friuted hr J. 13. CARSTAIDS, 14.1, C buildings; and pnblfsbed by W. A. SCHIPPS, cif at the - gtls-Orrfcc, No. t 12, Strand where _1 4 , 1v turas, Letters ? (pest-paid) aittstbe ..:.~•: . ';.~: • , . .r