The British Press; or, Morning Literary Advertiser.
London, England, 1825-09-07 00:00:00

COURT Of COMMON COUNCIL.

Yesterday a Court of Common Council was held, in ennse
quence of the death of Mr. IVoodthorpe, the Town-Clerk, i
being thought necessary to use the utmost expedition in appoint_
ing a person to fill that office.
The Loot) MAYOR informed the Court that he had called the
members together on account of the death of Mr. Woodthorpe,
their worthy Town-Clerk, who suddenly expired on Sunday
morning. The Court were aware of the highly important
duties of the situation. and of the manner in which it had been
filled for many years by Mr. Woodthorpe's son, who manifested,
in the most decided manner, his qualification for the office. It
was indeed well known to the Court that no man could perform
the business of the office with so much accuracy as Mr. Henry
Woodthorpe, or with greater zeal. (Hear.) It was, in his Lord-
ship's opinion, a grateful consideration that, in the midst of the
general regret for the departure of so able and valuable a servant
of the Corporation, it was in their power to testify their feel-
ing towards him by appointing his son to the same situation.
(Cheers.)
Mr. S. Hixow, as the oldest member of tile Court, .rose to do
justice to the excellent individual whom they all lamented, as well
' as to point out to the Court the whole admirable course of Mr.
Henry Woodthorpe's conduct. He at the same time thought it
necessary not to deviate from thausual course observed upon occa-
sions of the kind, but to appoint a Town Clerk pro tem. until a
person should be appointed according to the accustomed forms. Hs
then represented that Mr. Henry 11 oodthorpe had performed For
several years, during the infirmity of his father, all the duties of
the office that the moat indefatigable attention had been paid by
him to everything connected with those duties, which he had uni.
brad', executed in the most able and courteous manner. !Cheers.)
Mr. H. Woodthorpe was appointed the Town Clerk Jiro ton.
' A short conversation took place upon, the necessity of abolishing
certain fees which were paid upon the appointment of the Town
Clerk and other City Officers: and of certain gratuities, and It
seemed to be generally agreed that the various offices alluded to
would be benefited by the abolition, insomuch as they would be-
come more independent.
The Court then adjourned.

MANURE F.XEMPTION:

CODHETT v. TYE,

Our readers will recollect that in consequence of the Bench of
Magistrates at Bromley, Kent, having at their last meeting dis-
missed the charge against Steadman, the keeper of the Huxley-
turnpike, for taking toll of a wagon sent to London for dung,
which did not return laden until the next day, Alr. Cobbett pro-
cured a MITIIIIOIIII for the collector at the Footscray gate, to chew
cause why he allowed the same wagon to pass and re-pass without
demanding any. As it was evidently 111 r. Cobbett'a intention to
entrap the Magistrates, if possible, into an opposite decision, the
novelty of the case excited correspondent interest, and came on for
hearing on Monday last, Sept. 6, at the Bell Inn. Holland, the
former witness, proved that the wagon passed through late on
Friday night, June 24, and returned betwned three and four on Sa-
turday, without any toll being demanded by Tye, the collector
This evidence was not attempted to be controverted, and Mr. Lewis
Levy, the lessee for the last 17 years, acknowledged that he never
thought any was doe for manure, but if the late decision proved
him mistaken, he should feel much obliged to Mr. Cobbett, as it
would put more than 1001. in hit pocket, though he much feared
whether Mr. C.'s late friends, the farmers, would be so; still as
this was the first instance upon record of a collector being sum-
moned to recover a penalty for letting carriages go toll free through
a turnpike, he trusted the Magistrates would dismiss the use.—
After a short private consultation, finding them of a different
opinion, 31r. Levy contended in somewhat unguarded and intern-
perate language, Ist, that it was Impossible for them to convict his
servant, unless they had proof that toll was actually due—Second,
that Tye was collector on the day alleged—and 3d, that they had the
Local Act lying before them, to show the table, and thus ascertain
that he Witless thank naught to hare taken. These objections, how.
ever, though backed by the Solicitor of the Trust with references
to Acts of Parliament, were finally over-ruled, and, the collector
convicted in the mitigated penalty of one shilling and seven shil-
lings costs.
This penalty Mr. Levy declared it to be his intention not to pay,
but suffer it to be recovered by distress upon the collector.
In the course of the discussion, Mr. Du DI.OW, the Solicior for
the Trust, stated that Mr. Cobbett had inserted several convictions
in his Register which had never taken place, and if we did not
mistake, particularised one stated to be gained by Mr. William
Cobbett, which he actually lost, and was compelled to pay 201.
penalty.
TURNPIKE TICKETS.
CODNETT t. STEADMAN.

Immediately after the hearing of the above, Mr. Cobbett again
rose to prefer an information against the Collector of the Rualey
Gate, for not giving him (Mr. C.). ticket on paying the toll when
passing through on horseback the 29th July last.
The Magistrates having decided against the objections of the So-
licitor of the Trust, that Mr. Cobbett was incompetent to be both
witness and prosecutor in the same case, since in the latter capacity
he was entitled to half the penalty upon conviction,
Mr. C. proceeded to observe, that if aggrieved individuals were
not allowed to be witnesses, it would be next to impossible here-
after to convict turnpikemer; their extortion or insolence usually
taking place when there were none others present. He did no, how-
ever. complain of any incivility, for the keeper knew him, and
was therefore upon his guard, but of his not giving a ticket upon
the payment of the toll.
Solicitor—Did you ask him for one ?
Mr. C.—No. I do not charge him with relating but omitting
to give.
The Solicitor here read several clauses of the Turnpike Acts to
show that gate-keepers were only required to give tickets where
other gates were e-ected upon the same road, and under the ma-
nagement of the same trust, and contended that as this gate did
not tree any other, a ticket was altogether unnecessary.
Mr. Cobbett replied, that the omission of giving a ticket was
altogether a trick ; the law required him to give one to on who
passed through I", and asked how a stranger upon the road was
otherwise to secure himself upon his return on the same day against
a second demand—stated that the keeper of the Andover gate had
once served him so, and compelled him to pay twice, but, added
Mr. Cobbett, " I informed against him, and made him pay the
penalty."
After a short consultation, Lord SYDNEY announced that the
Ma‘istrates decided that the Ruxlty Collector should pay 40s. pe-
nalty for the omission.
• dlr. Cobbett subsequently observed, that the collector at this
gate was now so convinced of the necessity of giving tickets, that
he actually gave him one last Sunday evening, unasked, when lie
parsed through in a post-chaise.

THE NEW COURTS AT WESTSIINSTEL—As Michael
mas Term approaches, the banisters, attorneys, and others
make inquiry respecting the progress of the New Courts
'erecting near Westminster Hall. After some delay, occa-
sioned by the altering of the first building, the work has pro-
ceeded with as much expedition as circumstances would
allow. The inconvenience which the Judges have so long
suffered in temporary Courts is likely to be soon removed,
as the King's Bench and Common Pleas, in the opinion of
the workmen now employed, will be ready by November.
The Common Pleas, which is in a more forward state than
tiro King's Bench, appears to be built and fitted up like ,
the old Court, though it is larger than it was, and there is
some difference in the architectural ornaments. The ca-
nopy over the bench is new in carving and design. There
is a door on the right of the Jtolgea, which leads from the
bench to apartments intended for .their accommodation.
The Jury-boa, and that for the witnesses, stand as before,
and the seats for the Sergeants-at-Law, in front of the
Judges, are enclosed by a circular partition of oak. The
Ind evils, want of space and light, are likely to be the sub-
ject of complaint. The Royal Arms are displayed over
the bench in good style. These high Courts of Record,
when finished, will still occupy the site upon which they
have stood since the reign of Edward 111.
DREADFUL At CI DE NT.—On Monday Major Ridge,
who was at his brother's seat, at Vining, near legate,
Peterstield, on a shooting excursion, went out with his
servant to enjoy the sports of the field. After going over a
hedge, his servant handed him his gun through the hedge,
with the muzzle towards him, when it accidentally went
off, and the contents passed through the Major's body.
When the account left he was alive, but there was little
hope of his recovery. The family were in the greatest ells-
, tress, and the whole perish lamented the accident, as he
was universally respected.

• • roLrci. •
MANITOV-HOESt, SEPT. 6.—A man named Metes was,
charged with having stolen a watch from the constable of the
night, who presides at the watchhouse in Duke's-place, whilst his:
worship, the constable, was uleep on his post.
Trip, the beadle, .who is in the habit of paying frequent visits to
the watchhouse, to ascertain whether the duties are properly per- I
formed. suited, dist he coiled in on the night before, and found
Air. Al inden,Abarbonstable. awake, and apparently (ratified to per-
fonn the ardlious duties of his oilier. fie left him alone, and ,
i upon returning, found him taking a comfortable nap in the eau
' chair by the tire-side. Raving awaked him, and qui stioned him
about.' young man who had been seen leaving the watchhouse
the moment before. he perceived that the constable must have slept
as sound as a w9ehman, for he had seen no young man. He watt
very anxious to supposed to have shammed sleep, anti began to
joke upon flee abject, when putting his hand to his pocket, he be-
came suddenly convinced, and he admitted that the sleep he bad
enjoyed was rcal4 for his watch was gone.
The complainant himself said that, somehow or other, he had
been overcome with sleep after Ur. Trip left the watehhouse, but
iten the sleep and the robbery had occupied no more time than a
ketuaner ofan hour. He bad not seen a human being in the interval
between Trip's visits.
Trip said, that as he approached the watchbonse, while the night
constable was asleep, he saw the prisoner look over the door, but
as the young man had been accommodated with a lodging in the
watchhouse before, behad no suspicion of any bad motive, as the
watchhouse WU, he thoug'in, the last place a man would go to for
the sake of plunder.
The prisoner at tint denied that fie hod been in the watchhouse,
but admitted that lie had looked in and saw his worship the night
constable fast asleep, upon which he walked out but without seeing
either watch or clock.

The Loan Maxon said he considered the theft almost in the
light of a judgment upon the night constable, who had niade good
the old charge against the guardians or the night by falling asleep
instead of attending to his business, which was little more than
keeping himself awake. The conduct of the prisoner was extremely
suspicious, and he should be remanded until inquiries could he
matte about the watch. Twenty thieves, however, might have
visited the night constable In his sleep.
The prisoner was remanded.
The keeper of one of the booths in Bartholomew fair was
brought before the LORD Alavott, charged with having offered
gingerbread for sale on Sunday evening. and with having ob.
strutted two of the City officers in the performance of their duty.
Daniel Forrester and another officer stated, that on Sunday, as
' they were on duty in Smithfield, they saw the defendant, who
stood before his booth on the footpath, stopping the passengers,
and soliciting them to purchase his gingerbread. The officers in-
formed him that nothing was allowed to be sold there during
the Sabbath, and advised him to desist.. He, however, bawled
louder arid louder, and raised a mob about them. They were
jostled about and threatened with serious ill-treatment; and
were finally obliged to take the defendant into custody.
The LORD MAYOR said the whole of the keepers of those booths
which were placed upon the footpath should know ;hat they were
there merely upon sufferance, and that he had the power to order
the Immediate removal of all of them. In fact they were liable to
heavy penalties under the new Street Act. Ills Lordship, how-
ever, thought the night's confinement sufficient punishment,
and was unwilling to prejudice the sale of the defendant's ginger_
bleed.