The Sun. — London, England, 1814-04-01 00:00:00

sonta'Alini - ,7 a variety of allegati6ns evitlence ann The SPEAKER said; it was - Alirettly contrary- to the usage of the House, as far as he recollected, to accept a petition with the proofs and evidence of its allegatiOns annexed to, it.• • The Al'ay vas to present a petition, containing . a particular al legation, and begging that the Muse would bear evidence upon it. The House had then the, op tion either of gOing into the case, or oldisnlissing it at once. Mr. W. WYvtNE agreed with the doctrine of the Chair ; bia as the Petition bad been, put into his . bands just as be was coming into the 14,mise, he thought it better to state the circumstances, an t i leave it to their - discretion. tie then moved, that the petition might be presented The SPEAKEK„said, that the petition referred perpetually to. the documents annexed, and was in itself incomplete and unintelligible. It would be better forllr. Wright to take it back, and put it into et more concise form. Mr. W. WYNNE then presented a petition from Mr. Wright, relative to a case of . a Norwich Cler gyman, and begging to be • heard in proof. petition si•as accepted, and ordered to lie 6nAhe FREEHOLD PROVERTY. .Sir SAl.oturr.v said, that as he not antici pate any objection to his ,present motion, which was merely for leave to bring in a Bill, be should have abstained from any remarks, except that the present -Parliament contained many Members' who were not perhaps acquainted with the object which be had in .view. He wished to make freehold property subject to simple uontra:t debts. By the law 'of this 'country, any man who - bad a debtor might throw that debtor into prison, andlteep hint there at pleasure, It was to prevent and remedy this ,trange anomaly in ourlaw, thathe proposed to rnalie freehold estates subject to the payment of simple contract debts. Even specialty debts._ - had not been paid_out of such estates till the statute of fraudulent devises. instances bad occurred of men having purchased estates by defrauding their creditors, and ‘eho then, to prevent a commission of bankruptcy, had put an end their lives. The object of the bill was so evidently founded in jus tice, that he should have been surprised„if any objections were made,, had he: not. been-taught by experience that - such might possibly be the case. Seven years had elapsed , since he proposed a similar measure, when h e held the situation of Solicitor-General; and the measure when in troduced had the support of Government, though before die Hons.e cane to a decision upon its merits, that support was, of little avail.— Many objections had then been urged against the Bill, the principal of which was, that it would multiply the causes of litigation. The objections then made had been amply refuted by the expe rience of seven years, and be trusted would be re vived no more. No doubt had ever arisen as to the construction of the Act, nor the smallest dif ficulty in carrying its provisions into execution ; and in , one ease a debt of 200,0001. had been paid, which. could not have been recovered without such an Act. -In the case of Sir Roger Kerrison, the Act hart also an - indirect operation, - who died indebted to the amount of six hundred thousand pounds. Sir Roger Kerrison bad no perso nal property, 'but real estates to the value of half ti million, which but for thiS Act_ would not have been paid. The son, to. whom the estates Went, was in partnership with his father s and . thus the real estates were npplied•for the benefit of the crealitors, which Would not have been the case, -as the law previinisly -stood: Many other cases had also occurred of a , similar nature. When the "Bill had formerly been before the House, it was argued that it had a tendency.ro weaken the aristocracy of the country. 'r he Hon. Gentleman concluded. by moving forieave tQbring in .a Bill to subject the freehold. estkatevolitirsOnawhoalie indebted to the payment of , :theit;, debts.—Leave given. FEES IN COURTS. Sir J. NEWPoar- moved, that there be laid be fore the : Louse ~a. return of. the rate of fees de manded.audsaceived in the superior Coarts; civil and ecclesiastical, of t;ngland and Ireland, for the last 20 years, with a statement of the authority under which such alterations had been matte. The CHANCELLOR Of the EXCHEQUER opposed the motion, as no specific grounds for it had.beeu' laid before the House; and moved the reading of the other orders 9f the day. Sir J. NEWPORT said, that as this was one of the days on which notices bad precedence of or ders, and there was another motion to be made, the Right Honourable 9entleman was debarred from moving the other orders of the day. • Mr. BATHURST contended that no specific fact had ban stated, and that theft existed, in point of form, no objection to proceeding to the orders of the day. After some /marks from Messrs: WYNNE, PLUNKETT,TONSONST, STiv-msN, Rose, BANK4S, SIMEON,'and Sir J.NEWPURT, the original motion and the amendment were withdrawn, and" Sir J. NEWPORT moved for a Return of the Rate of Fees in those Courts, Civil and lekelesiastical, of Eng land and Ireland, in which any increase had taken place for the last 20 years, together with a statement of the authority under which sach an alteration had been made.—Agreed to. Sir J. NEWPORT then moved for a return of the amount of all sums paid out of the Consolidated Fund of Ireland to any Officer or officers of the Court of Exchequer, by way of - compensation, to gether with the names of all such -officers, and the gross and net amount of thdse who have accepted such sums as a compensation, as well as those who have declined the sane. Agreed to. , .• The CHANCELLOR of the EXCHEQUER brought up the Bill for the Registry of •Shipshuilt iu India, which was read a first, and ordered-to. be read A second time on Tiitiday the 19th of April. Mr. Alderman ATKINS Moved that-the petitions of the several - ship-builders, and owners of ships trading to India, be referred to a Seleet - i Com suittee.—Ordered. _ • . Canal' PENALTY BILL. . .. . . .. . . . Ty BATEIVRST moved the Order of, the Day fDr the ?Id-reading o,lthe Clergy Penalty Bill.' • Lord FoLKsroNE 'said ; the , Right Honourable Gcntleman had asunted; that tLis Bill would be aanerea ro alitain a second - readiug, without any oli . je6tio,ta being innile to it;_but he Was mistaken ; for as the House then was, he .(Lord F.) was 'de teraulnedto. subnilt to their consideration _several objections which he ha& to it. El'the first place, he did urrp like it, becaUse it was an, ,e 2 pest ~ fueto law ; but he ojected to it More particalarly fru:n the manifest injustice the Bill; if passed, would do to on meant Mr. Wright, who had brought all those actions which it was the intention of ;he mu to put an end fo. An Act bad passed, both Houses twelve.years ago; courage Aeople to do that Mr..,Wright was . now doing ; and as he acted under the'sanc-' Lion and authority of tlikAct, he thought it'would be the height of injustice to pass another Act to, prevent him - from doing ‘thfit a fcirmer ACt of the Legislature bad encouraged him, to do., The very high amount of the penalties had been objected to, and given as a reason why this Bill should interpose to save so many of the Clergy from what it was . said would ruin , then ; but lie could not this objection, for the greater•tlie•amonnt of the penalties, the stronger was the.proof of the Clergy having neglected their duty. The law would not the poorest person who committed an of fence against 'it; because he nias ignorant of the .law : and yet there was—a. -Vent body of men of learning, who, knowing perfectly well what they were doing, yet transgressed the laW with their eves open, and then came to Parliament to get an Act to itidetnnify - .them for having directly broken the Act of a forther Parliament. _ Mr. VETHERELL said, that as to the objection of the Noble Lord.of this being an ex post facto law, it: eo s uld not be otherwise, as every Bill of in demnity must be so. ile apologised to the [louse for being obliged to repeat the arguments.lie bad used on a former night ; but as the Noble Lord bad objected to the procedtfre of the Bill, he was under the necessity of reverting to what be had said before, ‘rbicb he did very shortly. Mr. PRESTON said, though he would not pose the second reading of the Bill, he nevertheless coincided in the sentiments wish had fallen from his NOble Friend behind him. .Mr. CREEVEY said, he thought all the proceed itigs against the Clergy had been bottomed in 'fa naticism, and that the Clergy had . been very. ill used; but as Mr. Wright acted under an act of, Parliament, if the House now called on him to - stop Mr. Wright, he could .noi-consent to do so ; and if it came to a division, he must vote : with. his Noble Friend. Mr. BATHURST answered the objections of the Noble Lord at considerable length., in doing which he travelled over thesaMe ground which he. had so fully occupied on a former night; He said he was sorry to be obliged again-to trespass so long on the patience of the House by a repetition of what he had urged before'; but he was particut larly anxious to impress upon the House. the ,pe culiar hardships to which the Clergy were ex posed, and- the . propriety of adoptint . s.the mea - - sure he had introduced. The Bill was, read a se cond time ; to be committed to-morrow.—Ad journed. EXEC EJTIONS. WINCHESTER, Mancu . Worthington , for forgery, T. Brown., for burglary., and T. Steele, for sheep-stealing, were executed this morning pursuant to their sentence. , These .unfortunate men from the time of their conviction_ have be haved with the most becoming fortitude. They left the . gaol .at ten o'clock, and continued singing a hymn all the way.to the place of execution.-- Jost . before they were launcled' into eternity, Nirorthingt6h and .Brown addressed the spectators in a most impressive manner,' and acknowledged the justice of their sentence, Worthington had held some confidential situations in London, since which he had resided some time in America, and previous to his enterirt the Royal Navy, had been in.the East India Company's service as a midship- Man, Steele was . a native of this county, and Brown kept a green-groCer's shop in London. On Saturday last, I attended the. execution of Michaq For, convicted for conspiring the murder of James Connell. He- was escorted by a strong detachment of dragoons, and infantry' front Mill- Hoot to Moite, and there Met by a body of infantry from Athlone, eta six pieces of :artillery. The prisoner was Ina chaise, accompanied by a Priest from Mullingar. abotit one o'clock the whole proceeded to,the.-Fort of Kilmanogue, near Moate, the race where the conspiracy Was . formed, and where the nocturnal meetings are frequently held ; a temporary gallows being erected, and all. matters ready to execute the sentence of the law; Michael Fox was • asked if .he wished 'to say any thing to the people ? He said he did, and began by advising them to take warning of his sad fate, and give up the, business they were concerned in ; that it was a bad business, and tvOnld only lead them to destruction--(this he enipharically re peated half a dozen limes, and‘said, God for give those who advised them to it"), - lie ,ac . . knawledged. that he had been sworn a leader in, the buSiness, arid that he sworn a great_ many to Unlawful oaths ; said he must freely forgive the Judge, siie Jury, and all his . pro secutors—:-and all this was said with his head out of the carriage window. The Priest of the parish of Colry, his own Priest (not the one who came with him from Mullingar), having got into the carriage, d'esired him to say no more to them—if it had not been for which; he would'in all probability have continued and disclosed At a quarter before three o'clock he ascended the scaffal, and was launched into eternity !-an awful example to those deluded people who are made theinstruments of designing men, who take special care to conceal themselves, whilst the on fortunate victims of their delusion are sure sooner or later to suffer the just sentence of the law, and . leave their helpless families to' brood in misery over the misfortunes brought Upon-them by-those restless instigators. 7 --Sounderes News-Letter. On Friday came on to be' tried at the Guildhall, Exeter, before Mr. Jukice DAMPIER, and a Special Jury, the cause of the King, on the prosecution of the Hope Thsttrance Company v. Thomas Bedford Pim, of Exwick, in Exeter, paper-maker, for per jury, in answer to a bill of discovery, preferred by the Directors of the saiatontpony, against the de fendant, relative to the, fire at his - mill, in die year 1809. After a trial of six boors, the prisoner was found guilty. SIIIIIIW/ AS§I;74tE,. I{ll . -ieSTON, Mmtcir 29. BUJILF,Y versus ILt TRI MS; L. D This was an action against the-Rev. Dr. Be thune, a Magistrate of the county, for misconduct: in 108 office, -in f.asely imprisoning "the plaintiff for severs, weeks. • 7 _ _ _ Mr. Serjeant Bpi . stated, that the plaintiff - was a farmer residing at Seal, in Kent, where he- ma tinged a large farm, in OccupatiOrt• of" his'mo- Aber. lie had, however, 'the mitfOrtune to liave been married to a very abandoned -W01113.11, who absconded. from him, and lived hi an adulterous intercourse with a man of the name of Midhurst. After some time, she left that roan,, and then would have returned to the house of her,husband ; ,but he, with the ,natural feelings and.honestin dignation. of an Englishman, refused to receive back the'adulteress Co his arias. She then applied to the parish for relief,, and at a Board of;Magis trates, at which Sir Thomas Turton, a lawyer, presided, ,she was refused to be made chargeable to her husband. She, however, aftel4ards ap plied to Dr. Bethune, who, 'either in malice or shameful ignorance of his duty, : sent his warrant and apprehended the plaintiff, and then proceeded to convict .him asp rogue and vagabond for hav ing deserted his faintly. This was so far from the truth of the fact, that the only family he had was a daughter by that woman, which daughter be had always fostered and prOtected; and, notwith standing all these facts 'were well known to -the Reverend'Magistrate, as he should prove, yet he •had the boldness to convict this honest farmer as a rogtie , and Vagaboml, and to send him to prison for seven weeks, because he refused to provide for a wife who had abandoned her duty, and had openly cohabited with another man. The law was, that a woman who so condacted herself, forfeited her claim to her husband's protection. — When the conviction was removed into the Court of King's Bench, it was quashed as a matter. of course, and the plaintiff was immediately restored to his liberty. • Ile now sought rediess'for the in jury he bad sustained, by bringing .the present action ; and to this action the defendant • had 0 - Wed, that he -had tendered two-pence - as suf.L fieient satisfaction for the injury which he had done the plaintiff. —.The-Jury would say, whether they considered this as spflicient compensation for illeg4ly causing an honest, man to suffer impriSon, meta' for seVen-weeks. The conviction of the plaintiff by the defendant; and the order of the Court.of Bench for quashing it, were put in,and Jcad. The fact was. also Troves!, by the daughter of` the plaintiff, 'that her mother left her ifather's hotise,, and thit she always was brought up by ;her father. It was also oved, - that the wife cohabited 'with a man at lingfield of the haine of Midhurst. Mr: MARRYAT, for the -defendant, submitted ,that there was no proof of actual .malice` against the plaintiff in thedefendanf, and that the action aotild not be supported against a Magistrate for mere error in judgment, unless actual malice was proved. Mr. Serjeant BRST, on the • contrary, argpeil, that malice was an inference of law from - the factS; and that where there was such gross misconduct, malice would be presumed. The Learned Judge, having heard the Counsel on both sides at considerable length; was of opi nion that express malice must be proved, 'and that ignorance of the law, and error in judgment,. in the Magistrate, would not subject him, to an ac tion.--Plaintiff nonsuited. WEDNESDAY, MARCII 30. THE KING VeTSUS RENTON AND OTHERS. This was an information against the defendants, for assaulting and obstructing G. Hemming, an Officer of Excise, in the execution of his duty.— The cause came on yesterday about two o'clock, and the Court sat till ten at night. This morning it was resumed, and did not finish until four o'clock this day ; but although it lasted so long, it w.as not very interesting. Two of the defen dants were found guilty. 'THURSDAY, MARCH 31. THE MURDER AT VAUXHALL, Charles Calaghan, who was,. indicted for the murder of Moses Merry, Miss Compertz's . foot man, was tried this morning. The trhil lasted until three o'clock, when 7 he was found . guilty , and sentenced to be executed on Saturday ❑corn- ing. He was convicted on the evidence of Ilyatn Parrish, bis 'accomplice, whose testimony was fully corroborated in almost every particular, ex cept as to what passed when they were,alune in the house.' The particulars shall be given to morrow. . LINCOLNSHIRE ASSIZES. This was an indictment against Robert Morris, a prisoner in Lincoln Castle,- miner an exeettlion.for debt; it was stated, to the amount of nearly 14,000/.—Mr. CLARKS,. Counsel for the prosecu tion, stated that it . was for an assault of a very ag gravated ,nature, committed on William Toxford, the turnkey of the prison, at a time when that person was suffering under extreme . ill health, °Whig to a violent assault made ott him some time before by a felon prisoner whom he Was assisting a blacksinith to iron. 'This assault. IN the defen dant Marris happened on the 2d of December, 1812 ; and the reason why the visiting magistrates of the prison - bad chosen rather to bring- the mat ter before a jury`, than act summarily upon the powers with which they were armed. for the pu nishment of refractory prisoners, was, that a com mission of inquiry had been instituted by .Parlia , ment, on the complaint of Nfarris and others, into the regulation and stiperinteildance of the gaol, and the report of that'commission was still pend ing at the time they would hare-been called•npon of their own authority to punish the defendant. — It was, therefore, to avoid even the appearance of injustice that they hall foregone therautho rity, and referred, the complaining turnkey to a jury. William Tuxford being caned into the Witness's box, stated the Circumstance or the case, as fol low :—About a quarter before five in the evening, the bell Was.rung, as usual, to call the debtors A I v'ho are‘allOA ed the'range.d ing.thedaY, to their apartments in the prison • 11 . " t bat the defendant attended to it, and we'. iii ;' he, instead • of . ' regarding it, continued.. tor walk up _ma. down with . gentlemen Booth and, :Mr. s : -and. 5 ."-aa,„ aft,cr .soin e notes, when ail the oilier. debtors had been lacri.44 up;clKilly•remindea. hy : tlie, tornkty .(thr, w itnes: that' the bell kid heetfruni: • bf this, also,l o rt Idiik no notice ; 'but- was soon afiera g ain acc.o s ‘ e ' e hy the turnkey, -who said, " If you will not CoT e in, - f shalt he - :blige - d• tri use Means . that wig' .uupleasant hot'':. to myself and to you;" .upon Marris u A very gross language, • and c a , j oat to Mr. Meiryweather, the gaoler, 'kilo -""Y.'!3 iiithe garden, -to know he " authorised 'il—d.rascal o . of - . turnkey to insult hint." Merryweather said be knew the man wohil ' do so, unless lie was himself insulted , • and 0 3 , Marris must go in,. but his friends company hiM if ',bey pleased. - The two gent lenit:;•: however, wishes.; Marris a g ,od night, and, .wen' away. Marris ;Lien went towards the prisou , e 1 elaiming , that Mete weather was a d--(.1 (as% and a d--- 7 d tyrant, and be had hot Jong e reign there. L continued this abusive lani;totr some time ; and, in particular, he - said, sPe" . ing still to the gaoler, " you cal, rye will do for you ;' we have Mary'l 3o ' ° ( in London." He then went up the s tairs Abe ptison leading to his room, the Witness I°l4. fowing, and being so weak as to be oblig-"e, to take hold of the iron bannisters for support•.:l Marris abused him, said he was a d—d rascal , 3 - 1 ` that be and Merryweather should he hung of • ther Witness said, " 1-have done nothing t° hanged for ;" Marris replied, " You d—d ass,_ shall prove that you hare done somethidg ."' ; Witness observed, that in his conduct be 13 been guided by the wish -only of seeing all felln'i prisoners' come in alike. Marris rejoined , ' you call me fel l ow, I'll knock you down, for not be fellowed over by you." Witness obscrve'ur' that he did not wish to Have word* with him, , with any body, for he was too ill. The wit° es not being able to walk till the stairs Marris had two, or three tiines halted to' let , „ l ';' l ' get up, that he might continue his abuse. 1'1 : • li ess went to the women debtors' room, at the of the stairs, counted them off, and saw that tt'i were all right, and was returning, when lie 19" ) .'L l‘larris waiting for him on the landing, who 01 , , , 1 `` IVll'at do you wean by calling me a felloiv," Witness answered, "l_did not call you 'a fcil ° ,y l Sir; yon . misunderstood me; 1 'meant no, su 'n ` thing." Marris, however; directly struck hia:4 the shoulder, grasped' him round the body, said, he would be d—d it he would not throol' i .i, over the bannisters. Witn6ss had' the .keys d t h i: e prison in his band, which he drOpped down stairs in defending. hitnself; and, clinging by . ` t ) ; banui,:ter with one arm, and by. Marris's. with ,the other, he was able to hold so .as to I',' .c Vent . his 'being thrown\ over. Marris tried 311.1 4 'possibly could to accomplish that; and wO t e :g .was extremely hurt; in his weak state, front Violence used towards him, it is a stone- :i t ' ll :0 case'; had he fallen over the bannistert, he have pitched 1.:l'or 15 feet at -least. He h'"' io blister on Atilt! time, which : was rubbed off .1 ": 1 % itruggle, and the blood poured down bis his arm, where he had hcen_ bled, al5“; br ok ' . ° i t bleeding again ; his right sick, was MUCh against the iron railing, and, altogether, he, ' t so much injured, that he knew not how ta 1 ; 1 I down_itairs for pain. Millais laughed at this, io "Said, "1 would cry if 1 was you ; but I'll, go s ti you cry before have done with you." ' had been' for five or six days before under thec,„ of Mr. Franklyn, surgeon of the prison ; air' in consequence of Marris' treatment, danger°'' ill for sonic days after. . Mr. SOijeant ROUGH addressed the Jury -41 your of the defendant.---'the Jury considered' a few minutes, and returned a verdict, GuiliP 1 4 The trial took place on Saturday. On M° l ! i t o i• morning Mr. Marris was brought up in the el1;0, nal Court for judginect.—Sentecced to be trip fined in Gaol for one year, and, at the expil l iol of that tiine, bound over to keep the peace for years longer, in securities of 3UU/. / The Assizes. at Lincoln finished on Toevi ° 'e/ , :the 1.-.lo'nLiaron AVoon left three persons f oc ; cation, tr;inely, Humphries and Nay, fora:10; glary at-Long Bennington ; and Ward, for t a r utilu offence: at Marehatn-le-Fen. The April is appointed for their execution. MARRIED. Itirr • 4 t o. . ' On Thursday last, at St. George's, Ilanover-svar e l a iyiiil l, Wyatt, , F.sq . .. to Miss Ranking, daughter Of George I. .;, Esq. of Caventhsb-square. •'„ 11. t , Yesterday, at Sr.' Clement Danes, Lieutenant Furuc;:sife4 to the:seemo) datighter of John Dam, Esq. of G3 (4 ) t f Linoolll'A Inn. to t a Lately,. Mr. F. Sedgefield. of Welburn, :Yorlishiret , 4 t pr , widow of Mr. M. Smith. Ths.bride has been titarrte times, although " not 21. . DIED. • , -- ---- - . , On Wednesday last„ of a typhus . fever, ' Mrs..l4aOs. 0 a -' Is• ~. 10, , ofJohn Ranson, Eiq. of Blountsburv-square, most ti e , t w; . p e gretted by her family aad ft tends. She was niece to for td John Butler, Esq. • formerly iNt't:mber - of Parliameot leo County of Sussex, and - mother of 41te present C‘i bli ? Portsm § outh. ' . • tef u ne,7 4 0 . The same day, of.a.consomptipn,-theliev'. Willi; I'' df Emanuel college, Catoltridge, yeutt . gest -sun .vf ~,. .s- Thorents Preston, Esq. Kennit(gtoa: - -- - • t , jillY On Toeiday, the lid init. •.,n London,` after' a shor it Charles Fanshawe, Esq. Recorder of Exeter. t• Itt' he On *lmlay' last, at. Peekhr.m t Mrs. Ilope, wif.c ° i i, Wallis Hope, Esq. of the Oi . duatire Office,Towe r • gig e On M.onday last, of an apopteetic.fit,. Mattlie, null In of Bennown; County_of Westmaath, Irelau ll • so • 1: , in Dublin, Major Arthur Deriiit. . ', f law Lately, axed IVO years, Willi - on Newmsralt, o'.^ known by the na3te of Bli:u? Billy. - __.----.-<•-• . . piticE oF STOCKS YESTE:IOO.• (IV' Bank Stock, Abut ' India Stuck,- . -0. iv , Nary 5 ppr Cent. a 4 91H 90i; India Ilontis,•par,• 4s l : . C 4. I. Irish 5. per Cent. Ext.:heti. iiills ., Is: I / 0 '0 4 0j 4 per Cent. shut . ' 0120111 M, 114 II ~ 0 1 4 3 per Cent. Red. shut Ditto fur I:itlill.pil, , , , ere } 3 pe; Cent.. Cons. 63i 6 6ii . 1 1,1 i e 6a 64 611 62i Cons. fvr 6th Al gi , Bank J.. Ann. shut GI i G - 3 . ...L____________ •cr . •- : - ....---, , ()woo. , . LONDON : Printed by J. 11. CARSTAIRS , tir l '' '. O' buililiszs ; an published by . W. A. SCRIPPS, (iivicervi. at the SuN-Orr No. 1 . 12, Strand ; wh'i' r e c s re o4 vents, Orders, Lutturs (post -paid),:34. Iv , '" ' , BIRTH. ' • ca lf Yesterday.morning, at htr house in Saville-row, the ,' of Lawrence Kurtri A lit, E,q. of a daughter. . ..../ __-------