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London, England, 1826-07-26 00:00:00

suffer. than that a Magistrate should be condemned for an error
of judgment ;" for to en was a misfortune ißcidental to hurnan
naturr. _ _ _ .

—•-• .•
John Leaman, sworn—l am clerk to Mr. Furlong, attorney I
for the plaintiff. I have a copy of the notice which I served on
Mr. Coham, for this action. He said when I saved him, it is
nothing more than I expected.
Da aulant'a Counsel here offered to admit the formal proofs.
James Bowls sworn—ls an auctioneer, living in the •h of
Highampton. Knows plaintiff; who is a tanner, residing aver-
ley. He is sixty years of age. Knew Strong and D who
Is
keeps the Unities Inn. Strong. Redd:may, and a man DIM Sae%
were at the (*olden Inn on the 21Ith March, 1823. 'Mr. Coham
lives rear Hoverter, and is a illagistrate. Witness went With plain-
tiff before him. Haider/ay said he had no objection to pay the '
poor rates of the Chilley estate if the tenants gave him up possession
before the 26th of March, which was the agreement they made with
him. Mr. Coham said that that was just, and one of the tcrotriti said
he had already given up the possession. Coham then spoke to
Strong, who said he psid Os. fol., which he wanted back. Rattles:ay
said " you agreed to give me possession," and Strong replied." Yes,
but I must have my money." Afterwards Reddaway paid the rates
and the panics separated. This was in March. In May witnesswent
with Itattlaway to Chilly, and saw a cow there. Reddaway after-
wards took the cow, ant drove her to the °Wen Inn, the Landlord
of which is pound-keeper of Ilighammon. Next morning a war-
rant was issued, and all the partial went before Mr. Odom, who
told steins that:he subpernaed him for the rest morning, to give
information against Reddaway. Reddaway and witness thin walked
to the Holden Inn with the cow. Soon after a constable named
Parkwell came to the Holden Inn, and said ha should take
Retidaway. IVltneas, Reddaway, and many others, appeared
nest morning before Mr. Coham, who mid. " Reddaway,
I'll immediately send you to gaol ; and you likewise," meaning
witneas• llama, a respectable formai- the brother-in.law of
Reddaway, was present. and Mr. Coham said to him, " Har-
ris, you anne to give hail; hut I'll take none." He
then read an del of Parliament, and said to witness, " Bowls, I
have you : any one aiding or assisting is us bad as the thief."
After some conversation, defendant swore witness, and witness told
all that passed between him and Reddaway, shout impounding the
cow. Defendant said afterwards that witness should he examined in
Exeter, and should he bound in 40/. to appear. Reddaway said, " I'
did not mean to snarl the cow. but to put her in pound and Mr.
Cohain answered, " that is no matter ; you know what you pro.
raised when I was down about the poor rates, so 1 shall send )0..a to
gaeL" Iteddaway said, "Bowls and Davis you've only put the col
in pound." Reddaway was then committed to prison. About a
month after, Mr. Coiiam took whiten's deposition, and said, " I
hear people say, you are going up with evidence in Reddaway'S
favour. He then took down witn, ass deposition, observing that
Itaidaway ought not to have put the cow in the stable of the Gol-
den Inn, but have taken it back to Black Torrington pound. dlr.
Coham then took witness's vengnizance to appear m Exeter against
Hcddaway, and in obedience to this recognizance witness came. He
there nict MT. Coham in the Iligh.s:reet, who said, " Bowls, you
have no loisinem here, I let you off your recognizance.' Witness
said, " Sir, you did not." Ile said, " I did, on my honour." Wit.
new saw Cohan) again after the assizes. Ile called at his house and
said, " there is a mistake between you rind me respecting your re.
cognizances." Witness said, "itis on your side. Sir." He said,
" I will give you a one pound note out of my pocket, aod •then you
will not be worse off than the rest." They then parted, after he
gave witness the one pound note.
Cross.examined.-1 attended at Mr. Coham's between seven and
eight o'clock, with the plaintiff and the others. Mr. Cohath then
said to me, " I'll send you to gaol also." Ile gave me no reason
for adjourning the meeting of hearing to the following mtining.
The plaintiff appeared to be in liquor. I did not, upon my oath,
hear the defendant my that he adjourned the meeting because the
plaintiff was in liquor. The plaintiff was in liquor, but he was ab e
to walk. It was to give evidence against the plaintiff that I was
bound over in 401., yet, when I met the defendant in Exeter, he
told me I was not to come there. I paid the expenses out of my
own pocket. I got nothing from the county. The defendant gave
me a one pound note 1 have known him ten years. He is a cler.
gyman. I can't say how long he has been a magistrate. I believe
he transacts a good deal of bosiness as a magistrate. I did not say
before the defendant that I did not know any thing about the tak-
ing of the tow, nor whose cow it was. I had some conversatiou on
my way to Exeter with Mrs. Strong. I did not tell her I would
procure some Money for her to hold her tongue. I told some jury-
men I met to go down to see the pound and the gate. Sttong end
his wife said they did not care a d—n, they would swear plaintiff
stole the cow If they should not get 101. I then said, what would
you thinkof &I.? i don't recollect ever afterhaviog any conversation
fibrotic money. I did not tell Parkwell that nothing was said be-
fore defendant of impounding the cow. Whet plaintiff said " I did
not steal the cow, but I took her to place her in the pound," Co-
lson then said, " that Is nothing, I'll send you to gaol."
Leonard Dennis sworn—Said, I am pound-keeper at the Golden
Inn. I remember Reddaway, the plaintiff; bringing a cow with
him on the 4th of May, 1823, The pound was out of repair, and
I put the cow in the stable, as I put other cattle there before. He
told me she was B:Tong's cow. Several persons came to my house
after—Mrs. Strong, Bowls, Martin, Parkwell, &c. They staid at
my house till four o'clock. Then we all went with Parkwell, the
constable, to Mr. Cohaut's. This was between five and six in the
evening. Mr. Cohan; said the man was in liquor, and he would
rather have him in the morning. We did not enter into the business
then. We came next morning. The defendant was in the hall,
and said, " Iteddaway, I shall send thee to gaol, and Bowls like. ,
wise," or some such words. Plaintiff said he had brought the
cow to pound. Myselfand Bowls,and Bet Strong and lice husband,
were examined. I told him the cow was brought to me about five
in the morning, or a little before that hoar. I said he had known
all the rest from Reddaway. Plaintiff said he had brought the
cow to pound, and it would be eery hard if' he should be sent to
gad for that. The defendant said he should put him to gaol, for he
stole the cow. I was in the room during DOWWS eAllnlieitiODe I
do not recollect all that passed.
Mr. Justice LITT LEDALE here invited Mr. Sergeant Wilde and
Mr. Williams to confer with him. The Learned Counsel, after
sonic private conversation with his Lordship, conferred fur some
time with their respective clients. After which
Mr. Sergeant 'WILDE said, that his Lordship had suggested to
him, that though the facts might be established, yet the point of
law was against his client. The defendant, also, with that knew.
ledge of his Lordship's opinion on the law in his favour, was
willing to leave the whole facts to be investigated by some gentle-
, man. The defendant was aiso willing, notstithstataling this know-
, ledge of the point of law to submit to nhatcver decision a gentle-
; man to be named shoulit make, and to pay to the plaintiff what-
, ever should be awarded as due to his sufferings, although he was
I aware that he had acted in this matter to the best of his dil-
-1 i cretion.

A Juror was then ivitinlraem, sod the whole of the case was re-
ferred to arbrration.

LIVERPOOL MADSLWJIER SESSI(JA'S.

EIIIGIRATION.

On Saturday Messrs. Oliver and James Bedtett were arraigneAl
on an ineictment, charging them wtth' conspiring to defraud tao
persons, !Arnett Michael and Eleanor Kennedy, of the sums of
51. Ili. and IL Ili., under the false colour of procuring them a pas-
sage to America.
Illessrs. Jost and Ca o MPTON conducted the prosecution, and
Blessrs. llatxcoca, HALL and Verrant.E3, the defence.
The evidence was very voluminous on both sides, and the trial
'gated about nine hours; we arc therefore enabled only to give a
brief outline of the case.

On the part of the prosecution it was proved that a poor Irish
woman, named Eleanor Kennedy, came to Liverpool, in the early
part of May last, to get a passage to America. For this purpose
she went to the office of afessrs, O. Beckett and Co. of. Strand-
street, who are passenger brokers, and there' paid a deposit of 3/.
towards her passage money. Not being, however, able• to raise the
rem4inder of the money, the 3/. were returned to her again. and
she went back to Ireland. She then scraped to.tether all she
could, in order to send her son and daughter to America, as they
were unable, from the distress in their own =lntel!, to obtain a
livelihood, and they all came' to Liverpool on the 24th of May.
Mn Kennedy went to Beckett's office, and bargained for the
nsssige of her son and daughter In the ship Plutarch, for New
York. She agreed to give U. 10s., being all, lite possessed ;
and on paying that sum she received a receipt, in acknowledg-
ment that they were entitled toe passage in that ship. Iler sou,
Michael, a few days before the vessel sailed, went with the other
passengers to the Cliftolo4tOtne, where he paid Is. Gd. to Beckett,
to have his name entered on the muster-roll. The son and daughter
then went on board with their stork of provisions, &c., and re-
mained there. On the morning of the 30th May, the Plutarch
sailed, and when she, got round the Rock the names of the passen-
gers were called ore? from the muster-roll, where it was found that
the names of the two Keonedyn, and some others, were not entered.
Kennedy showed the Captain the document he had {,•3t from Bec-
kett, but the Captain said he could not take him, ts his name was
not on the niuster;roll. Some of them remonstrated, but the re-
sult was that seventeen of therp were ordered into boats, with their
luggage, &c. and Sent back to Liveipool. 'rite muster,roll was
roodueed, when it appeared that the name! of Michael and Eleanor
Kennedy were not entered. -
Witnesses were called on the part of the defendants, one cf
whom, named Ilanway, proved that the money paid by 3lrs. lien.
nedy was only as a deposit in part of a SUM ore/. ,154., which was.'
the price of the passage of two persons ; that 31m. Kennedy was
told, that unless the paid therentaintler before the muster-roll was
cleared, her ton and daughter could not be entitled to their passage;
that, upon asking her for the balance, she said phe could not pay it.
It was also sworn that she had offered a bribe to a person to secrete
her son and daughter oil board the ship ; and one person, named
Evans, who had secreted ;tin:self so as .to
.get a passage gratis,
swore that Michael Kennedy Was found Secreted under some bed
clothes at the same time titat he was stoweti,away among the cargo.
Mr. Petrie gate the Betketis n very good character. Fie had fie.
quently employed them to get passe tigers for his ships, and always
retold them honest and industrious. Captain Petrie, shipowner,
gave the Recketta a similar character. The latter gentleman said
that the Plutarch was an American ship, and, according to the
British Act of Parliament. the number that the Plutarch was en-
ticed to carry was 1411, reckoning two children between amen and
fourteen years of age' as one adult, or three under seven years.
There is, however, a new American law which wakes no allowance
for age, accounting every individnal, infant or adult, as one person.
The inspector of the port reports to the Board of ettetonts at Lon-
don, what number of passengers such a vessel can cotiver.ien;ly
cary, and upon his report the licence is made out, so that there is
no triode of icnowlng the correct nitualicr of passengera mail the,