The Sun. — London, England, 1819-11-19 00:00:00

REQUISI TION to the LORI) MAYOR For. A COURT OF COMMON COUNCIL. A Deputation of the CoMmon Council, consist-- lug. of Messrs. Williarns and Blackett, of the Wird of Farriogdon Without, and Mr. Fenton, of Castle Baynard_Ward, wailed stpon the Right Hon the Lord Mayor, at the Mansion house, be t , veen twclve and one - o'clock yesterday, widi Requisition to his Lordship for a Court of Com mon Council, of which the foilowiug is a copy : " TO THE RIGHT HON. THE LORD MAYOR. " Having learnt that the Court of Aldermen, withont the knowledge or sanction of the Corporation of London, have.re solved upon proceedings, affecting .not only the Funds of the City, hut the rights and privileges of the Citizens, of whom the Court of Common Council are the Representatives, We, the undersigned Members of that Court, do request your Lordship to convene a Court on an early day to consider these pu6ceeaiius, and to adopt such measures thereon as may seem uecessary." This Requisition was signed by very nearly 100 Members of the Court of Common Council, the greatest number of signatures, we believe, th a t was ever known to have been affixed to a Requi sition fora Meeting of that Court. The Lord Mayor, at the time of the arrival of the deputation. was presiding in the /Justice- Room, and the Gentlemen were in consequence shewn into his Lords.hip there ; his Lordship re ceived them with the utmost politeness and affa bility. Mr. IVILLIAMS, presenting the Requisition, said, they had the honour to wait 11 pot) his Lordship. as a deputation from several Members of the Com- Itton Council, with a Requisition to his Lordship to call a Meeting of that Court. The LORD MAYOR replied, with a smile, Why, Gentlemen, you are very quick upon toe. Mr. BLACKETT observed, this is our first appli• cation, your Lordship. True, said the LORD MAYOR, hut you know 1 have already called a Common Hall for to.mor tow upon this same subject. 1 have no objection, however, to the Requisitioo, but most readily ac cede to it ; the only question is, what day you would wish it tor. Mr. WILLIAMS urged, from the importance of .the business, the necessity of as eatly a day as would snit his Lordship's conehiclice, and sug gested Monday next. The LORD MAYOR said, there really was such a pressure of business at present, that lie feared he could no , grant it for Monday ; there was a meeittg of the Court of Aldermen stood for Tues day, hitt any d‘y after that he should be happy to attend to them. Mr. BLACKETT replied, that what his Lordship had stated formed an additional reason for their pressing him to name Monday. The Coutt of Al- dermen_ had already decided upon this vestion, and it was, perhaps, of importance to the future deliberations of that Court, that ,they should be put in possession of the opinion of the Court' of Common Council upon the subject as eatly as possible; he also begged to press upon lAs Lord• consideration;' that"Jhe Common Council - was a meeting of the Corporation, of which the Aldermen. bemg Members, had a tight to attend, and called his Lordship's attentioti to the mini ber and respectability of the Sigutit ores to the Re quisition. 'lite Loan MAYOR said, be had no doubt of th e respect:ibility of the gentlemen who had signed the ittvosition ; in his situation of Chief Magis trate, he WAS itrerestett-in, and bound to protect the rights of eve' y branch of the Corporation, and was desirous of conducting himself to their gene ral satisfar , ton; it was necessary thereriire that he should talte some consideration on the subject, and he would be ptepared by the.neNt morning to Sx the day for the meeting of the Court. Mr. BLACK RTT said,- lie hoped his Lordship would not keep them in suspense till then ; per haps a later our on Monday, than that at which the Court usually met, might suit his Lordship, or even on Saturday, if his Lordship was no otherwise engaged ; it had never been usual to de!ay the meeting of the Court more than three days after the presentation of a Requisition, ex cep• in the last Mayoralty. Air. WILLIAMS said, be was quite sure from the Sluff: specimen of his Lordship's public conduct, and the polite reception they had met with that clay, his Lordship would not adopt that precedent as an t x3mple to regulate his proceedings, and urged, that it would he an advantago - to the Court of Aldermen, to know the opinion of the Coat num Council, as well as that of the Common Hall upon this business, before they adopted further proceedings. The LORD MAYOR replied, be was most desirons of complying with their wishes, and would there .. fore take only an hour or two for consideration, and would he ready to give them a conclusive an swer at four o'clock, if they would have the good ness to wait upon him. The deputation then withdrew, and four o'clock Mr. Williams anti Mr. Illackett again waited upon his Lordship, and upon being in troduced to him iu - his private parlour, his Lord ship said— ekintlenien, I do assure yon I hare the most ardent de sire to accommodate myself to your wishes, hut "as I hare al ready informed you, I have upon previous application to me for that purpose, called a Court of Aldermen for . Tuesday next, and I find that it would be contrary, to etiquette, and inert(' lie considered as a so rt o f in su lt t o that . COurt, were I, 'iron a suliscquent Requisition, to surnmon a Common Conn; cil pievionsly.„ It is my earnest wish to maintain peace and unanimity between all the branches of the Corporation, and 1 therefore must decline' catliti... a 'Common' Council before that day." Mr. BLACKETT !kinked his Lordship fur his candour, and suggested WcOnt!sday next, The Lf,liD AiOR IWlfo objection to Wednes day, hot. as it was tire day appointed for the Alert ing to Smithfield, and thnugh he had no appre hension of any , disturbance or disorder, it would wit he proper that be should be particularly en gaged on that (1.-ty. Thursday tvas then named, and cheerfully ac ceded tt, by his Lordship immediately, Mr. 1 1 ..3t.ctAms, in taking his leave, begged . to thank his Lordship for the candid, liberal and genilemardy conduct lie had evinced that day ; and he congratulated his Lordship and the citizens at large, 'Ton that confidence and unanimity which s uc h cit;dhct would necessarily enrorre between his Lordship and every branch of the Corporation d,iring the present Mayoralty. LAW /N FELLIGENCE. coma OF KING'S BENCH, Nov. 18. LIBEL UPON A MAGISTRATE. Mr. Se? jeant VsuGuArt prayed 'the Judgment of the Court against Thomm Thompson, Printer of The Leicester Chronicle, who hart heen con viete,l before the Chief Bann, at the last Le ices tei shire Assizes, of - a Libel on the lien. er. Joi liithluiph, a Magistrate of the said county, in setted in that P,tper. Mt. Justice linsT read the Report of the trial, by which it appeared, that the libel was a letter signed " reflecting on the conduct lit the prosecutor, in having ordered a pauper, under the slat. 43 Eliz., to be publicly whipped, for stealing a few potatoes. The defendant !nit in affidavits, stating that the letter was lint written. by Irin►self ; that the prn• sect►tiut► had originated in political motives; and that he was poor, and had -a fannily of four children. For the prosecution, an affidavit was put in, and panip!,let read, which the defendant since pub• listed, containing a report of hie trial, and re fleeting on the Grand Jury and the Special Jury who had convicted hint. Mr. DENMAN, in mitigation, made a most elo quent and impressiVe speech. He eulogized the Liberty of the Press, and the right using the conduct of men in public situatinus, widtwit which it %vas a ;noel:et y to speak of toe Liberty of the Press. lie contended, that the Magistrate had acted illegally towards the pauper, concerning whom the libel to,cl originated, and still mote so, as it appeared he had consulted with the prose cutor ns to the punishment. tie relented to the 42; George 111. to spew the iUcgality of the pro. section's conduct, for by that statute the 43d of Ltizabeth was virtniii!y repealed. The pauper had long worked for Mr. Moore, the prosecutor, rind his fattier. and, in a time of great itistr,;is, Le took a few potatoes. The Learned Gen:lent 311 %VAS procet'tfittt with much warmth, %Olen be was interrupted by Mr. Justice 13AYL:rir, who said—Mr. Denman, von have used the words " and vin• dictiveness," as applied to a Court of Justice. The Court feels no indignation, ,ind is to I , l' vin dictive, but mild and ienieto in the adminisitation of justice. Thr JUSTICE repeated the same send- Mr. DRNMAN said, lie was not sorry, but ex tremely happy, that he had drawn such a declara tion from their Lortiships, and Was sure his client would have the benefit of it. But, he would ask, was it proper, was it discreet, that a Magistrate, in the exercise of his authority, should, in a public town, subject a husband, the father of a family, pedlar, in the sight of his wife and chil dren, to the punishment of whipping, and left to the degraded clemency of a constable ? It was nu ,exhibition calculated to excite the most painful emotions ; atiil if thi'rentarks opt /that act of severity in the Magistrate should have been too strong, it was the exaggeration of a humane mind deeply wounded by such an exhibition. The let ter, whoever mi g ht have written it, did great credit to the heart of the individual. The Learn ed Gentleman, iii a most eloquent and impressive speech, pro c eeded t o state, that the prosecu. lion had originated in political motives—had been commenced by a Member of the True Blue Club, and was conducted at the expence that Club, whose object was to put down the paper of which the defendant was pt inter, and which was opposed to it in politics. He. concluded by hoping, that whatever warmth he might have dis played, it would not injure his client. Mr. Serjeant Vaughan, Mr. Header, and Mr. Balguy,spoke in aggravation. The - CHIEF JUSTICE, after consulting with his brother Judges, inquired of Mr. Denman, if h would he satisfactory that the deftmlatit should give his own recognizance to appear again for judgment, if called upon ? Mr. DeNmav replied in the affirmative. The CHIEF JUSTICE, after censuring the seve. city used by the Magistrate, ordered that Mr, Thompson should enter into his own recogni zance for 5001., hoped . he would stop the sale of the Pamphlet_ Mr. Thompson assured his Lordship he would ; and was enlarged upon en tering into his personal recognizance of 1001., to appear When calkd upon. CROWN JUDGMENTS. THE KING V. JOHN M'ARTHUR. This was a Customs conviction against the de fendant at the last Assizes for Cornwall, fur ob structing an officer in one of the Islands of Scilly, in the execution of his duty, under a writ of assist ance. lie was sentenced to two months' impri sonment in Bodcnin gaol. THE KING V. CHARLES WHITCOMB. This defemlnot, an Excise Officer, was convicted before Mr. BMA!) Graham, of forging thecertll7- care of a Sul vr) or of Excise. • Mr. A. Muotto moved in arrest Ofjudgment Upon a point of pleading ; and, under all the circum• stances of the case, The defendant was ordered to he discharge& • THE KING V. BRYCE STORE, ESQ. This Gentleman was convicted at the last Assizes for Hereford, of an assault upon Richard Bidden, a surveyor of taxes. The prosecution had been taker up by the Board of Taxes. It appeared, that at an election dinner at Hereford the defen dant refuied•to drink the health at a Gentleman proposed. This gave offence to the prosecutor, who making an insulting 'commentary upon the occasion, the defendant flung a glass bottle at his head, which wounded him severely. Mr. JARVIS now prayed the judgment at the Court upon the defendant, for whom air. 0. Rimell appeared. Tbe CouRT, after animadverting upon the cir cumstance of the prosecution being taken up by the Board of Taxes, and the oppressive meaSore of removing an indictment into this Court, which might. have been well disposed of at the Sessionn, and at the same time observing with some warmth upon the prosecutor's ovoking conduct, ordered the defendant to be discharged on his own recog nizance ti 1001, to * court op 'for judgment when called upon, anti to keep the peace towards the prosecutor. THE KING V. JOHN HUTCHINSON. Thig defendant was convicted at the last Essex Assizes of assaulting and obstructing an excise officer, named William Ford, in the execution of his duty. He *as sentenced to pay a fine of NI. THE KING V. WILLIAM SOUTER AND DANIEL H(LLES. These defendants were convicted at the last Sus sex Assizes of a conspiracy, by perjured evidence, to condemn the sloop Judith, Oil a charge of suttiggling. It will he recollected that the de fendant Sauter was one of the persons convicted in the beginning of the year of perjury, in prefer ring a false twusation of smuggling against Mr. Hem y, of Arundel, and that he was then sen tenced to two years imprisonment. Both de tentlants were now sentenced to two years impri sonment each in Horsham Gaol. THE KING V. JOHN REEVES AND SEVEN OTHERS. These defendants were convicted at the last Sussex Assizes of a riot in the town of Selsey, and of an assault upon Charles Saunders, an Ex cise -officer, in the execution of his duty. The detendauts were sentenced as follows :—John Reeves, six months imprison oent in Horsham gaol, a fine of 501., and fiod security for his good behaviour for three years, -himsellin MI, and two stiredeS in 501 each ; William Bennell, the like term of inapt i , ownLai, al the same gaol, and to find security for three years, himself io ;001 anal ca,a sureties in 251. each ; William Page and Chat les Benoeli, t h re:: innoths' inyrisonment, and to find seenril for tat like term as the others, themselves iu 501., and two sureties in 201 each; and Joint Page, d in Appleton. and Charles Ben nell, two mon hi' imprisonment, and to find se entities for three years, themselves in 501., and two Snteiies itr 101. each. ALUMED OUTRAGES AT COVENTRY. Mr CHITTY tooved for a title to spew cause why a re iminal twormation should not be filed ireainst Jeremi:ilt Goodall, High Constable of the City of Coven ry, and certain other persons named in the Jfidavits, for certain alleged acts of outrage comtnit red at a public meeting, held on the 15th inst. in the neighbourhood of Coventry. The Learned Counsel stated the following facts from the affidavits, in support of the motion :—A short time previous to the 15th inst. a requisition, signed by upwards of 700 of the most respectable inhabitants of Coventry, was presented to the Mayor of that city, calling upon him to convene a public meeting, to take into consideratiou the late ttinsactions at Manchester; but with whi c h revisi:ion the Mayor ;dosed to comply, assign. log for reason that he had a strong disinclination to have any such meeting in the town. In con seqoeuce of this refusal, a hand-bill, signed by the said requisitionists, and expressed in terms which removed all idea of violating the public peace, or of creating any disturbance, was circulated, an nounciog that the said intended meeting would nevertheless take place at Friar's-green, being about the distance of half a mile from the town. In pursuance of this notice, a meeting accordingly took place on thelsth inst. at the appointed spot, at which from two to three hundred respectable inhabitants of the town and neighbourhood were present, when, a Chairman being appointed, a calm and temperate discussion upon the sobjeci of the Meeting took place. No disposition to riot or disturbance was manifested by any indiv;dual, not withstanding the inflammatory nature of the subject, which had previously agitated the public mind in different parts of the conntly. Tempo rary hustings had been erected ; and Or,: affida vits then proceeded to state, that whilst the dis cussion was in its progress, a large body of spe- Cial constables, to the amount of 600, at the head of whom was Mr.Goodall, rushed in amongst the crowd, for,the purpose of dispersing them by vio lence. Many of these special constables were armed with cudgels, loaded at the head witi lead, and without any previous intimation, warning to disperse, or notice that the Meeting was unlaw ful, proceeded to lay about them, right and left, amongst the unarmed multitude. Beating every person,who came in their way, with these dan gerous weapons, they at length succeeded in dis persing file Meeting. The affidavits proceeded to state, that many of the people, thus exposed in a defenceless state to the violence of the assailants, were seriously injured and wounded. Mr. Justice BAYLEY--Have you the names of those persons so stated to be injured ? Mr. CHITTY..-NO, Iny Lord ; but the facts I have stated are vouched by the affidavits of several respectable individuals. The CHIEF JUSTICE—OH whose behalf do you make this application, and whw are the persons that make the affidavits ? Mr. CHITTY--My Lord, I make the application at the instance of the Secretary of the Meeting, who was present on the occasion, Mr. Lewis, a respectable inhabitant of Coventry, and to whom the people in that part of tile country look tip for protection and support. l'he•aiffidsvits proceed to state, that the constables immediately began to Pull down the hustings, "%Without producing any - warrant - or authority for their conduct. The people attempted to disperse in the most peace able mariner, but instead of being permitted so to .do, the constables lay about them as heavily as they could with the weapons I have described ; and the affidavits then state, that a great number of the persons. so dispersed are materially injured.. This application is made against the High Coo stable and other individuals, who took the most active part of the transaction:— ' - • Mr. Justice BAYLEY—HOW far do you impli cate these persons•with this transaction Mr. CHITTY—The affidavits state, that they came on the hustings, and were employed in ac tively encouraging their. assistants to lay on the people with their sticks. My Lords, 1 trust 1 need not urge any argument to slim the import ance of having the question, whether these meet ings May be- so dispersed, deliberately•discussed, in order to quiet the, minds of the people. upon a subject so interesting to the feelings and preju dices of Englishmen. In this point of view alone I should hope your Lordships would entertain this mot i o n, Air. Justice BAYLEY.—.It is certainly illegal for any Officer ()fins! ice, in the execution of tiffs duty, to use weapons of a dangerous nature, unless the necessity of the case requires it. The case you represent upon these affidavits seems sufficient t ° justify the Court in calling upon these parties for some answer to the application. The Judges (Mr. Justice Holroyd was absent) having delibera,ed for a few momt•nts, The CHIEF JUSTICE said, take a rule to she/ cause.—Rule to whew cause granted. COURT OF ME DEAN AND CHAPTER OF ST. PAUL'S' NULLITY OF MARRIAGE. BRITTEN AGAINST NICtIoLRON,. FALSELY CALLING HERSELF BRITTEN. • In this cause, which is one of Nullity of M ar ' riage, by reason of minority, it appears that Win. Britten, the parry, promoting the snit, %vas bu r " in the parish of St. James, in the city of Bristol, no the 9th of May, 1793 ; and that oo th e 26th of April, in the year 1814, a license for the marriage of these parties was applied for and obtained from the office of the Consistoriar Court in London, by Charlotte Rebecca Nicholson, then a spinster. The marriage was solemnized on the Ist of May following, n it hoot, as it was pleaded , the consent of the father of Wm. - Britten, a minor, he being at that time of the age of twenty yea rs and upwards, but under 21. On this libel fi ve. witnesses had been examined, and interrogatorie s administered, bit no counter allegation given in' The dates both of the birth and baptism of the party promoting the suit appe4red from an - ent r t made by Benjamin Britten, the father, in an o ld Bible, which was brought into Court. ' r h e evidence of the mother went to depose, that the marriage was had altogether without the priciti or consent either of het husband or herself, and t ha: she had learned from another son, 3-5e1) 1 " Britten (deceased), that an improper intercours e had subsisted previously berveen his h i - ot h er aml the articulate Charlotte Rebecca.; that tile Wh et' manifested the greatest divress and vexation 00 the news being communicated to hint; and that the first intimation she hersdf had had of t he event, was on the occasioi• of her seein , the de " fentignt looking through the window of (4 0 / 1 counting-hotise, when her son said, as she , ticingb . ! inculaily, pointing to defendant, " Mrs. B . 'mu. The deposition of the father was to the same ef' feet, on the material points of the birth and 1 4 1 1 ' tism ; as was that of Ann Waters, a servant wi t ': had formerly lived with the fat herand mother, an " , on calling on the latter on t h e 10th May,' 793,100 0 that her late mistress had been delivered, on the preceding day, of the child who is the minor in th is suit. Among the exhibits, the entry of haptisnl, from the registry of the parish church of St, Jam es ' Mistol, on the 9th August, 1793, and mentioning the birth as occorring - on the Dub May, 1793, " 731 , pleaded as strongly corrob orat i ve of t h e fact "` minority. The Learned Ju'dge (Dr. JENNE R), at el stating the occasion of the suit, observed, that both pa r' ties were minors. At the obtaining of the licenc e ' C. R. Nicholson, the party proceeded ag4iiisf,tyf a attended by, and preductd the consent of, her 13 ' ther. So that it was perfectly valid as on net part ; 'hut, as 'had been well observed, the hl' band wds, at the time of its solemnization, w itFitl only eight. days of his majority. Dates, tl!ere fore, were of the most essential importance; these not being pleaded with sufficient acurael r f the Court thought i tse lf b oun d , i n j ust i ce to la' the pa;lics, to obscrve the same course that ‘ O5 taken in " . ..Johnston and Park er, " b y g i v i ng t heili air opportunity to ex am i ne the Bible, and t the exhibits, with the utmost care, and to [Ac e " ' them with the most minute particularity.—CW elusion of the cause rescinded. CRUP.LTY TO ANlMALS.—Richard Merryman, Smithfield drover, was brought before the Sitting Magistrate at Queen-square, charged us jot' lows :—On Monday night, the prisoner, driving $ flock of sheep through Tothill-street to a slaug" ter-house, one of them ran round, the ner, but it was stopped, and it mixed wit' the rest. The priltmer, however, selectirig it out, brought it back, and beat the pout: Creature so dreadfully with a stick upon the lie° and nose, that it dropped down, apparently dead; when, to make it rise again, he began to probe r ic; eyes and head wi t h an i ron sp ik e, t i ll the gro'"), was covered with bl oo d. A great mo b co l ec tel and several repr o b ate d him tor his brutality which he appeared regardless, a nd st ill con tinue ( ' his inhumanity. A Gentleman passing by rall°" ; strated with him, b u t i n .va i n ; h e i n the m°' menacing manner threatened to serve him is the same way, unless he h e ld hi s tongue, sating r t was no business of his, and he had no right to in terfere. The Gentleman immediately represent e d the case at this Office, when a' warrant was gran t ed against him, and lie was taken into cusfe l I'uple.—Theby M ag ist ra t e censure d hi s co ntW in the severest terms, and fined him, conforma bi l to the Act of Parliament, in the penalty of gi i j which being linable to pay, h e was comm itted t Tothill•tields litidewell for the s p ace o f one mgO ir ; tii A CatmON.—A Mll aof decent and respectilu„,; appearance came th e ot h er even i n g in to a House, in Oxford -street, and after. pretending read the newspaper, h e exc h ange d his hat, Er walked off with the topcoat and umbrella, 0 ,e . ; longing to a Gentleman who was at dinner ill g u same room. The feelings of the people in Dundee are st present muck agitated, on account of the n!lrn b ee of dead bodies carried off from. the burying grounds. The pe rsons em pl oye d in (1)13 abort'. m liable traffic have raised, a c cor di n g to re port, _ bodies last week, an d p ac k e d t h e in six .bps 1 1 6 ". which were sent t o Edi n b urg h b y one a t - smacks. -.- MARRIED. f Brigb t°l On the 16th inst. at Sh e ffi e ld, M r . E. V a li ance , to Miss Ashhurst. • Dr n. . $t 6014 On the 18th inst. in his 74th y e a r , th e R er .T.C.mg 44 years Minister of the Hamburgh Church. ,ffitric6. A few days ago, at the seat o f h er b ro th er , in corls"`dol•- of a locked jaw, which proceed e d fr o m b ar i ng a t oot nn h 0 01 4 , the week before, Miss G or d an , s i ster to Ch al ks ',.••• -- , Esq. of Wiscomb Park, in Downshsre. _.......! G►e at LONDON: Printed 113. B. CARSTAIRS, of No. 2 ' 4 IV, 3' Ormond-street, Wuen-square; and published tiV SCRIPPS, of No. 7, South lolton-street, a t Tgj r d c rfr (Mice, No. 112. s :rand ; where Adveitisements) larttcr, &c. (post-pnii) must be adirassed• 1 ~~ r , Nu * .•i'-"z----=----:—.. 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