The Sun. — London, England, 1814-02-17 00:00:00

LAW INTELIAGENca COURT OF KING'S BENCH, WgDNEsnArj Ftc. le. LIBEL.t.AWitENCE V..PALNitri p GEIqT. This, was an action bronght by a, person who twactises, under ti conveyancer's certificate as a Member of Grav'S-inn, in the counties of 'Cam bridge and i\oriolk, , agalns his 'brother-in-law, AO attorney at ,Upwell,for. a libel inserted by the defendant in the Cam - bridge Journal, in '.the'f,orni of an advertisement, giving notice to the public, that , whereas the plaintiff had demanded of his (the defendant's) clients sums of money, under kretence of his anthority, by the payment of which either they or the defendant would be de frailded, and had under false pretences called on his clients, and took their instructions for busi ness, he thought it his duty to say that the plain tiff had left the service of the defendant more than 12 months ; a nd as it was not generally known, ' e the defendant cautioned the public that the plaintiff had been twice a.bankrupt, and had not obtained Lis certificate. This last allegQ,tion was the only one which the defendant did not in his pleas justi fy ; and 'it appeared that although the plaintiff bad been twice a bankrupt as a tanner, the last time in the year 1807,. he had, in point of tact, obtained Lis certificate in 1813, just before the publication of the lib e l. Lord ELLENBOROUGU held these latter words actionable ; but said, that as no purposed misrepresentation was intended as to this fact, the Jury would not give very large damages on that score. The question for their considera tion would be, how nearly the pleas in justifica tion were made good ; and whether, from, the evidence, there did not appear circumstances of malice, which would warrant them in treating this as the subject of legal. damages. It appeared that the defendant had sent the libel to the Edi tor of the Cambriclge Journal, 'accompanied ,hy a letter; and that when he received the newspaper, which contained it, he read it to seven or eight people, whO were asSembled.in thc:market-room at Unwell, and said it was all true. lt, also ,ap pe,red, that he was so anxious to get rid of the plaintiff, who had set himself up as ,his rival in business, that he ()fired forgive,him a debt of two hundred pounds, provided :he would quit the, neighbourhood.. The plaintiff had been four years in the defendant's Office, and the defendant had trusted' him with thousands. In his jiisti& cation of this libel, the defendant pleaded that the plaintiff, had, In several instances, demanded of, and been paid by . his clients several sums of mo ney, which were, specified ; but the evidence did not make goad this justification, : it appearing that the plaintiff had made such demands in no in stance, but that, on the contrary, the demands being made upon him by the defendant's clientS, he set up counter-demands against them by way of set-off; in one instance claiming for business chine as an auctioneer, which the plaintiff was, and the defendant was not (and it appeared in the books between the parties themselves, that the former had charged the latter for buSiness done by hint in that capacity) ; and in another instance, claiming tor attendance in the county courts, the charges for which, it also appeared, the dcfendan allowed the plaintiff himself to retain. With re sheetto another instance, under which th e defer] : dant,had justified, viz. that of charging the plain . , tiff with having, whilst he lived in his service, re ceived from one Robert Watkinson, another o his clients, the sum of '151., which he had n paid over to the defendant ; it appeared tha that s u m was not paid to the, plaintiff by Ito. bert Watkinson in the character of a client 0, the defendant, nor for law business, but for tithe ;Ind interest ; and it was quite uncertain whether that might not have been accounted for, although it did hot appear in the account-book, between the parties ; for the witness who . proved the fact, _fired seven miles from the defendant's °lac, and said that the plaintiff had been - in the habit of paving' over to the defendant sums of money with out their appearing in any hook. As to the justifi cation of the charge ire the libel, which accused the plaintiff of tiUdermining the defendant in his pro lession, it did appear that the.plaintiff had ap plied to a ,witness, saying, that he came by the de sire of the defendant for the • witness's authority to him (the plaintiff), to let certain charity-lands by auction ; and that, under this representation, tb witness, after another trustee had si f gned the authority, did the same. Lord gLLENnOROUGII imputed great negligence to the, plaintiff in not demurring to these pleas ; and adopted • malty of the replies of the Attorney- General, (for the plaintiff), to the observations of Mr. Park (for the defendant), • who censured the plaintiff for not bringing this action in the comity where the parties resided, saying, that there might be found reasons for preferring then. impartial tribUnal of a Jury of the Court of King's ,Bench, at Westminster, to the preponderating in luence or authority of a country- Attoruey over his neighbourhood, The Jury, after retirinp, for a short time, found their verdict for the plaintiff.—Damages, 3001. COURT OF COMMON PLEAS. TUE ASSIGNEES OF KUNDALL AND BEYNoLIas, BA;MIZUPTS, V. SLADER. This was an action to recover 291. 10s. the ra , lue of a cask of gin, alleged to have been sold by • the bankrupts to the plaintiff. The case for' the plaintiffs rested on the evidence of Kendall, 'who was admitted: as a witness, be having received his ceititicate. - According to this statement Kendall and Rey . molds were spirit-merchants, and were in the habit of supplying a publican of the•Mitne of Phillips, -at Wens, in Somersetshire, with spirits, and, ' zmong other things, sent him the cask of gin . which .was the Subject of the present action. Mr.. Keudall. arriving, in the course of an annual journey, which he was in the habit of Making for the pu! pose of business at Wells, he found that -Phillips had given up his business and effects to Shader, the defendant, to . whom he was in dented to a g rea t amo y nt .. Ile accordingly Slader, and spoke of the accounts buimisting between Phillips .and'lteynolds and himself, and particularly mentioned the cask of gin which he had lately. sent. Mr. 81ader said, that with the vest of the accounts he could nut interfere, but as to the cask of gin h bad ithitia It tihtoiictio 4 wheii • lie hut welved tttc public-house from Phillips, and therefore loOvould he accountable for the value of it, as lie had sent it to a customer 'cif his : he also mentioned that Phillips was indebted to hitito au amonnt con, siderably exceeding the value of the effects which he had taken possesgion of. Kendall . , ou- his .. eross-examination, said, that he did not recollect that Slader promised to pay Merely conditionally, viz, if Phillips should pay him. OLD' P,.8.1.1.1A4, Sessions comMenced yesieill before the Lout . * Mavoe, Mr Bayou 11 . 0012! itirr. Justice HEATH, My, Justice DAMPIER, and the RECORDER. Stephen Curran was indicted for maliciously cut ting and maiming J obti aw cett , with intent :to murder, &c. John Fawcett stated,. that he was master off Shadwell Workhouse, and on-the I Ith of Decem ber last the prisoner was placed .under.his care by - an Officer of Police. He remained quite peaceable till the 18th, %ellen, about tWeh'eo'clitek at night, he was awakened by a dreadful .noise: . He- was much alarttted,. and called a person of. the.. name of. Dune to his assistance. They proceeded to the room whence the noise issued, and' found the prisoner breaking the door With.an. axe. They attempted to seize but he struck the witness on the forehead . with the head of the ,axe•, anal felled him to the ground. When he recovered, he found his nostril cut through, and his lip severed down. to the chin. .The prisoner was at length se cured, though with difficulty, and not till he had inflicted several other wounds and bruises. He THE EARL OF ORFORD V. CHURCHILL. , had been pat to the workhouse as insane, and his His HONOUR gate judgment this morning in COLICIO - ct fully corroborated the account, this cause, which is of great public:interest to fa- John Drammoed the keenef of Slnidwell Of : mulles. The case was ably argued at the bar yes- fice, represented that. the prisoner Was deranged. terday, and turned on the distinction between the The Jury, consequently, under the direction- of general term issue, as contradistinguished from the Mr. Justice Heathy acquitted him. terms child or children, in wills and marriage 'set- George Smith, a youth aged only, eleven years, dements, • t was indicted for stealing a Pair of shoes, value tea The facts were, that in 1745 Mr.. Chas. Church- shillings, from •the • houSe of Alexander Jardine, hill, oh the intermarriage of his_ eldest sort Charles I and Elizabeth Wayne was included in the same in- with Lady-Maria-.Walpole, had .settletl On the r dictment for receiving the said property, know children of the intended marriage a :stn of it to have been. stolen. It appeared . , liow -30,0001. with interest, payable front the time the ever, that the prosecutor lived in 'the 'City of same should become due ; and in the event 'Of his London, whereas the indictment set forth his eldest SOll having no Child or children, 'then to residence as in the County.of Middlesex, upon go to the grandchild or children- of the son who which theprisoiwrs were acquitted. died in the lifetime- of the settler, who left the Samuel Alder iindllenry Wolfe; two boys, each defendant.his great-grandchild; and the question 12 years•old, Were convicted of bieaking a,pane was, whether the great-grandchild, a male, should of ghiss, -- and stealing a knife from . a shop vitnlow, take the money wider the' word issue, ill exclu- Ina recommended to mercy, on account of their sion of the grand-daughter, who claimed as a years. grandchild in the settlement, althongh nearer by f James'lngram was c onv ict e d o f Imrglarionsly one degree i n bl oo d, b ut a female ? • . stealing front tbe- dwelling house of James Bion, His HONOUR was of opinion, that the word' -on Situday, the Gth instant, various articles of issue in the. preamble' did not - entitle the great wearing apparel, shifts, gowns, &c. to the value grandson, in exclusion of the word g,rantlchild, I of tiearly 51. 'Wainwright, one of the Bow -street used. in the operative or enacting clause of th e j patrole, stopped - -.llim with the bundle in Ay.les settlement, and declared, Lady M ar i a Walpole, bury -str ee t, Clerkemisrell, attune half a mil e f rom daughter of the late Lord Walpole, who died in the premises. Harriet Binn, the wife of the pro -1812, entitled to the money, w i th fo ur p er cent . i iecutor, identified the property, and the 'capital nterest.Judgment for the plaintiff. part of the charge, both with respect to the burgg_ lacy and the stealing in a dwelling house, was done away by returning a verdict of . stealing to the.value of thirty-ar s ine Harley . Smith was indicted for stealing four sil ver-watches, value 121. from the - house of Robert, Winter, a watchmaker, residing in Cannon -street, St. George's in the Lest. Robert Winter stated, that he had taken the prisoner in from charity, in order to give him. work. 'This was on the 14th-of last August, and on the 19th be decamped, taking with him four silver watches. These he pledged to four different pawnbrokers, and sent the duplicates in a - letter to .Mr. Winter. . The pawnbrokers were severally examined; and seemed very reluctant, after having _told wh,at.they lent upon each watch, to deliver their opinion as -to- its value. They at length subdued their de lie-acy, and each o f th em thought that 31.35. might be about the worth of each watch. One of them had lent only 255. another 30s.,and one as ~mach as 21.—The watches w ere produced, and -Mr. Winter swore to "them as being his,nroperty. -They were all - pawned in -the same name. john :Johnstone, one of• the pawnbrokers, identified the prisoner as th e person -who had pledged it Mages was indicted for stealing' (or rather for attempting to steal; as he did not: get -off with the property) from Thomas Shands, baker, residing in Providence-row, Finsbury square, a wooden till, containing penny-pieces and halfpence to the amount of 21, cud upivards. Thomas Shands stated, that on-the evening of the lOth February, he was sitting at tea with his wife in the parlour, at :the back of his shop ; he looked towards the shop, and saw the candle flar ing ; this excited hii attention., and he then saw the prisoner on - his knees at the till ; he s jumpednp, and the prisoner ran away, but he followed Min out, and secured him two doors off. It came out in the- course of examination, that the prose cutor did not count the money in the till at the time, but i did so immediately after he returned from having taken the prisoner before a .Magis trate. During his absence, however, his Wife hacl taken money in the shop, and given change, so that he . contd not be positive as. to the exact amount in the till at the moment it was attempted to be taken. • Under these: circumstances, the Jury did away the - capital part of the charge, by finding the prisoner guilty of stealing only to' the amount of 39 shillings. ' • Henry .French was capitally indicted for feloni ously, and without lawful cause, being at large within this kingdom before the expiration of the term for which he was transported. - He was found Guilty, but reeopmended to mercy in con sequence of Taunton, the Officer, 'having men tioned' in the - Coarse of his, examination, that be was working as a chandler. The following were all capitally convicted : Andrew Rooke gird George . Hatcher,' for stea!ing two pieces of printed cotter), value '4os. and up-- wards, the property of John liuglies, in his dwe11 . .., ing-louse ; Abraham Levy and Charles Harding' for a robbery on William Woodhouse, and taking, from his person a silver watch and a 5/. Batik note,. his property-; Moses Solunions, John Morris, and Joseph Burrell, the oldest eleven yearSjor a bur glary in the darelling-hOuse of Richard Atkinson, and stealing a pair of shoes, his property. Sedeant PELL, for the defendant, rested his defence wholly on the improbability that Stu der should ]rave promised to Pay for the gin, when Phillips was his debtor to so great an amount ; and - , , ..at the' same time, that he should have taken posse4ion - of the other effects of Phillips, vho was insolvent. No witnesses were adduced for the . defendant, and the Jury, found a verdict for ,the 2n 10s. , The Court was oc cu pi e d d ur i ng th e gr e ater part of the day with causes uninteresting to the. ROLLS COURT, FEB. 16. THE POLICE. MURDER OF WHITE. Bow-wrattET.—YeStrday Conieligs Callagha n was brought to the Office by „Mr. Chambers., the High Constable of the Holborn Division, and charged before Mr_ NARES, the sitting Magistrate, on suspicion of being concerned in the wilful murder ofEdunind, alias Edward White, in Bain bridge-street, St. Giles's, on Sunday evening fort night, by a nuniber of Irishmen,lt appeared that the Coroner's Jury found a verdict of wilful mur der.against.the prisoner, as, according to the evi dence before them, he was . principally concerned in the affray ;he was the,n not in custody. Ye s _ terday morning he called upon Mr. Chambers, the High Constable, and sin rendered himself into custody, stating, that he had been extremely un easy ever since he had seen himself described a s being concerned in the murder, but the evid ence must have-been - mistaken, as he had been in 'St. George's Hospital till Tuesday. Mr. Mums: told him that he must surrender himself to the Co- rover. UNION-HALL.—Wm. Caisey, a genteel looking Man, was charged by Mr. Frederick, proprietor of the St. George's Coffee-house, with stealing two shirts and various other articles, his property.. It appeared that on Monday evening the, prisoner called at the prosecutor's house, and inquired if he could be accommodated with a bed. Being answered in the affirmative, he said he should per haps stay some days; he had supper, and-retired to bed, and did not make his appearance till late the next day., When he came down, the maid servant was struck by his appearing much . stouter than he had done the day befor e . Her suspicions being roused, she stopped him, and having pro cured assistance, proceeded to search him, when, ,concealed between his shirt and 'waistcoat; they' found two shirts and two silk handkerchiefs be-. longing to Mr. Frederick, and a grnvn and other articles belonging o the servant. lie was coin mitted I . ot - re-examination. • , The late severity of the season has proved fatal sto i the beautiful, bridge of Derry, so long the ad miration of all those who had seen it. The float ing ice, with a strong ebb tide, and. the great' t3ood occasioned by the thaw, having carried away' the centre cl the bridge, with ten or twelve and all the work.S attached Co them. A -puir.pkin'has rece'ritly been raised-in the State of New York, of the - enormous weii4la STEALING DEAD BODIES. . TIATToN-GAitnEN.--Thomas Light; WUHim .4r not, and Spelling, were brought up vester. day, in the custody of Read, jun. and Mathews; the ofticeis, by whom they were apprehended. It appeared that the prisoners were going tip Hol born about half past four o'clock on .Tuesday evening,. with a horse - and cart, they. were oh, served by the above-mentioned officers, who knowing the prisoners to be resurrection men, stopped 'the horse and cart, and, after a hard. con- tesi; succeeded in securing the prisoners. They then examined the contentsof the cart, and found it contained seven-dead bodies of men and xvomen; . one of the bodies WPS headless, but how it came to be so remains as yet to be cleared up. They were packed up in bags and baskets. The pri soners were followed by .an immense crowd to Hatton-garden Office, whence they were coin- . rotted to prison, and the bodies are deposited in the lock-up. house. The cart was. hired at Battle bridge. it is supposed the bodies were stolen out of Bunbill-row burying-ground. Sow of the officers-were sent yesterday to make inquiry at the different burying-grounds. The office was crowded with men and women, who had some of their relatives buried on S un d a y l as t, to see if they could recognize any of the bodies, but the officers being. mostly attending the Sessions .and o:herw•ise employed, they were ordered to call this day, when the prisoners are , to be brought up for another examination. , Saturday morning, at , Westinuir Colliery, near Glasgow,while . the people were at work- in the pit, part of the roof fell in, by which two of the men were killed, and three very severely hurt. El;lNFilifiGli, Ff.u. /0.. • , '; MANUrICTORIES.—The increase of tl~c ti Lancashire is the greatest ever 'known County. Every part of the county is in mot": 1 , and every p art o f every family now obtainsP' ployment. A famous trotting race took place vest - a-2; on a three-mile piece'of'ground, on Epping rest, for a'. wager ;of GO guineas, hctweco WATT!s celebrated chesnut mare, 'Helen, s'' e h, grey horse, the p ro p erty o f M r. NELSON, ncy-road. The anOnaiS carried B s t. ear n, .0 every yard of ground was contested. The t pi mile was done in three minutes and a half -- $ 4 second in three minutes and twenty seconds -- 4; ',e third in three minutes and twenty-fire Sec6-fliee in all, ten minutes -and'tifteeif seconds. Ther' lL o was closely contested throughout, am! t!;e-li— i Won it by.hall a length. o f/ A few days siiice, as two young men , brot° r Nained'SAlk"YEß, of New Shiireb:im, %Vert! ill P ra t o suit of wild the marshes contigua''' b i the bridge, th gun of DAN trt,,, the elder, 09 r ,r, dischar g in g it at some d uc k s, un f ort unatelY,lsi,ait when the eXplosiori 'dro v e the breech- P i n li" 1 10 his skull to the brain, and so , injured it, 6 0 '01 despite of th e best surgic a l s kill, h e l an goi three days, and then expired. On Mona BIRTHS t T , Of monday Last, u •nppistiehi, Essex, Mrs. Lewis 1 \ . a daughter. , lao it) ~On Tuesday last, in S er j e a nt ' s Inn, the Lady of - , Green Waliiiril, Esq. of a"dal?gFiter. 00 4 m Yesterday, urtkin 1 g, in Porti an d,pl aee , t h e L ady o f Curtis, Esq.•of a daughter. ~... MARRIED. . ) 0 Last Satuzday, at Chiswick, 111 r. W. Rare, to Miss 'i l' I-retitia,TT ti hatnas, of rphani G n ree. itl ' • ec , , On'tiatiirdav, the loth hist 'at' St George's Churcb, ' ie t 4 , *ark, Lieutenant Samuel K e nti s h, - ofilic Royal , Navy, w e is Barnes, only daughter o f P eter Barnes; E,,,q, o f s u rreYr Kt:nt.ri)ad. ..By special license, on Wednesday, the IGth inst. ti f l ' Hon. and Rev. th e nii m of liriiici.sor, the Kiizht . Tioo' )ie' mas Wallace, M.l l , to the Ri g ht, Hon. Jane,,Nri s c o nutes9 vine. On • Monclun last, Charles Itobi , rt Anflersoa, E. t o p riet Lane, elde s t d aug h ter of the late Richard Lui.“l/, Chief Justice of Newfoundland. DIED. On Saturday se'nnighl, at Si:rutty-Hall, Norfoil tr . " s?) Le I.)owits,- Countess of Houle. , d l R li Lieutenant-General Sir Charles oss, art. I 4, v t.' , i 5 •, the tiitti Regiment is becom e va can t. " 1' ~,i • if • di ! Oirtly ti ' •st •,t ti a• .e sth tust. at the ad v a nce d age o f 85 year.:, I I!' o b person, Esq. of Il'%ltefielil. ' - : . -A Jill; 04'Sunday week, at the ati , :anceit age of B], Beavi 9 6 - i 'd , Esq. of Tiverton,' 43 yrl Town-Clerk of - that tout , Been aitiktointed to th e office in 1713&. ' - - Otontainy, the Gi h inst. Mr. John Iresou, of the Ite ll ,ft Battersea-fields, aged 7i years. The sanie day, at his hou se a t E verton, near Live rl, the sttli year of his age, ,lohn Marsh, Esq. forracriy t'lloicr'''' On Sunday last., at her house in the 4,13,1ini-roal, L ii ters . . Randain iMillll, aged n 77. ' eli ct • At her hou:te iarr , street,• Mrs. C atup h e ll, r • r i Joi?n Campbell, Esq. l a t e o f Charter=house-sqilaf•e• ,rve' On •Ttte:,day last, at his house in Oxford-street, Mr , 4 ,e, Reynolds, BoolAeller and Stationer.. ii or , On .WedneSday, thy lGth ip'st. in th e 70th , y e Ur o f b pis ', S d O o, at his house in Chelsea, James Neild, tf,s. one of . 0 0 ) ;(1 jesty' .Justices of the Prite: for the Counties o f Buoo 'l i li sv Kent, Middlesex, and the City anti I.i!)erty 4, 1 1 :1: 4 ,' i 3O ,1 Treasurer to the SocitAy . fothe Relief of Persons ceP' Small Debts. COAL MARKET, 1:wl. W. Ships itt 'garde., Ships sold. • 11f. Netvcasstle . 2 ;ionclerland Stode.Coal. Weish-Coal 11 1' • • •52A. Od. to 6 '7 0 ,1 . ~ • • •Ggs; 04. to 01 Od. ta. .e 5.• ..... U,..., 844. Ott. t() I'itlCH OF STOt Bank Stock, 20'S2 2(;:3 Navts per Cent. 97 if • Iris:: 5 per Celli.. Cer.t. 8414 ; per 'cettt. 70 • Ann. 17 : 1 -16 17 P.-1G YESTERDAY. CCI. - , lnclih Bonik, 7i• Exche q . is• Oinnium, CUI •?.a "iv 014 ditto, Ipeai Ann. . 4. 7:Cil th ri fpr: , 2b 5t 70, 70170. . LtiNDON P: int,.:(l by. J. Ni'• f 11u e a n d ;., .Istsi-!ti by xy. A. SUICI e l ,Tv l d , ' tl z• t 2, ";trat,(l., nwnts, izia‘t bt' [PARTICULARS OF THE DEATH di BLAPLi From the investigation into the CirCiiinstanc e ! of the death of Blai r ; alias &Wert, who Strangleu 6 hituSelf in pri s o n oil Friday, it appears , that blame. is attributable. to .Captain Sibbald or btu his servants. Blair, from the moment he recciv' ed sentence, stink- into a state of total despail. The resolution lie had shelmdming the trial cool; pletely. forsook him, and he .could not ' l3 l l P a s r himself lirithout assistance Wh en h e w a s remove d d from the bar. From that instant he refused al sustenance. fie was placed •in th e i ro n-rool%" 4 . the jail, and chained hr anirop is the practi ce.w ith persons un-dersentence.old"`:i Mr.Sibbald, theleeper, visit e d hi m f re Cptently, i with his usual humanity- to the unhappy persons an ; der his charge„ offered hi m t h e ass i stance of a act ' gyman, and en d eavoure d to persu a de h i nt to. -.ire front the place whe re . h e was_ lying, and-par:att e of differenf kinds of victu a l s , which were brOgi r On Friday at . th ree o'crock, the din ner 'hour of the jail, the i nner t urn k ey too k warm broth to' hilt), hut• he refused to eat. W hect pressed, .h e sa id t h e broth might be left, :1;`1 li 'e would take it a fterwa . rds: When the 01E0 0, returned at five, lie took with. him a beet.StOk by Mr. Sihbalcl's orders. Upon opening- the O n : demned cell, he found aparently standiq; bat on going up to him, - ther e beim, little 1 4 4 ? in the ce ll, h e discoi-ered . , thi!t he hano l l l by the neck from the roof. instanav 11 5 down. The handkerchief was iinntediately his neck, and a surg eo n sent, f or ; h at, body was still w arm , no ass i stance could he 00'n.ii avail to restor e an i m a t i on. The .root of the icing low, behad passed,th-braccs °this brree'r e through an iron bridle which supports one of beams, after . pieking away the plaster ttitli %%1' was covered with his nails, and to his ht aces fasted a cotton handkerchief, which he .wo.r O il' his head irlstead of a nh.;:htcap; It is supposed he ''e 'object 'soon after beimr lof!' e i o Lip authree o'clock; as 'the prisoner cot;fine",l the room below heard at that time the soun"r, :he fall of a 'chain, and'imined;aHy Cr - wise, as it were of th'e' shuffling of a table - in rooni above then). The prisoner's son, a fine "') of seven years o f -age, .and for wh om i t i s 11 0 1 4 : 7 something may be c l one , ,been i n i rw h i eed kim, which seemed to Lace made a strong °, pression on his mind. .j