The British Press; or, Morning Literary Advertiser.
London, England, 1806-02-21 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, Fes. 40.
About a quarter past ten n'el^rT: this ni"rnini:
the L.,14.1 Ch.lucellGr L'IS:ZINE arrived, Lad in !icc
minutes after took h.s teat on the
I.ntdship did not, as it was espeftc.i.. adJicss the
Cunt I, but silently bowed to the fcle, and t!tett
called on the A rroltiev-GLK tit to for
which purp,se he inimediAtely rose. several mo-
tions were disposed of, but none of any Interes:.
The Hall was crowded in the extreme.

COURT OF KING BENCH, WCITM, Fu to.
Sitting: et 117;4 Priut Irr,re Lord EI.LIENDO/019011

dad a .Sprcial

vne KING v. ORANOAR ANOTHER.
This WAS an indielment fnr a nuisance, in throw-
ing mud, and other oh:nations, into the river

Mr. GAIROW, for the Prosecution, stated, that
it. was instituted by the Lord Mayor of London,
which, among the other importaut duties of that
high office, had attached to it that of Conservator of
the river Thames. The Thames was the high way
of the King, and any obstruction to its wog' ess was
an indiaahle offence. The Defendants were per-
sons of opulence, and employed a great number of
lighters upon the river, and the complaint
against them was, that having extracted several
thousands of tons of mud from the West India
Docks, they deposited them in the bed of the river ;
the consequence is, that the water, at low water
mark, is eight or ten feet lower than it tormerfy
was. The Learned Counsel then held in his hand
a treatise on this subject, written by Mr. Granter the
elder, setting fort!., that, fr‘an the number of drains
from the City, and from other causes, the bed of
the river will be elevated in such a manner, in some
years, that there will be a total obstruction to navi-
gation ; what wa, required, therefore, was, tha. tile
navigation might be restored to its former situ.stion,
ay removing tills obstruSion ; and, as there was an
understanding between the parties, it was agreed
that a vertha of guilty tt,ottli be taken ; so that if
the cause of complaint be not removed, the parties
might he liable to be to (night up for the judgment
of tile Colt:.

Scijeant Amy, for th.r. D?frrndant, said, that he
did not feel iiiioselt in a condition to give an an-
swer to the indotment, hut nhserved, that all the
mud was not carried there by his clients They had
sio phi-aion to the verdia going against them,
and would discharze their duty an removing the
01).0 of the prosecution.
Lord Eta Ewnortoitoir observed, that the nature
of the prosecution had been fairly explained. The
obstruction of the Thames was immediately con-
nthed, in the most serious manner, with the com-
merce of this coun!ry. There seemed a mutual
understanding between the parties, and he trusted
the inconvenience wouid be removed. —Verdia,
14 AREA V. NOOSE.
'This also was a special Jury case, hut not a Juror
appearing, was struck out accordingly.


COMMON PLEAS, Waav atm .
Silting. at Nici Priut {Mort the 11rd Chief Jounce
114•14stiti D. otirt SpreselJory.

COURTS MARTIAL.
Moose v. BASIAIIO.
Mr. Serjeant Sat ZPRERD stated, that the PlaintifF
in this adion, Francis Moore, Esq. was lately
Colonel of the Bedfordshire Militia, and he sought,
through the Gentlemen who were now impannelled
for the purposes of justice, less to recover pecuniary
recompence for the injury he had sustained, than
to vindicate his honour and reditude, acrd to pre-
vent the attachment to his charader, of that oppro-
brious inference, to which the conded towards him,
of the parties against whom lie appealed, was likely
to give rise.
The Defendant, Jehn Pollexfen Bastard, Esq.
was Colonel of the Devonshire Militia, and was se-
lected to bring this action against, as being the
President, and, therefore, most prominent consti-
tuent, of a Court Martial, all the members of
which were really no less implicated than he was,
in the offensive measures which the Plaintiff com-
plained of.
The Regiment, of which the Plaintiff was Colo-
nel, was in a state of some contusion and dissension,
in April last, at the period that he, after having
bean some time absent, rejoined it at Exeter; arid,
in consequence of a disregard of an order, which he
found it expedient to issue, for the purpose of re-
storing regularity, the Plaintiff preferred a charge
against some of the Officers in that channel, which
led to the appointment of a Court Martial, for the
investigation of their conduct.
The Members of the Court entered upon their
fundions at Exeter, in August, and the Prosecutor
adduced the evidence he thought necessary to sub.
stantiate the charges he had preferred. In the
course of the evidence, one of the witnesses (Serj.
Warden, who was called by the Prosecutor), in
reply to an interrogatory of the Court, as to the
particular officers present at the reading of a cer-
tain Regimental Order, mentioned, amongst others,
the name of Captain Gastin. When he had given
his testimony, he recolleded, that Captain Gastin
really was not present ; and mentioned to the Coun-
sel
retained by the Prosecutor, that he feared he
had been guilty of inadvertence in mentioning that
gentleman's name with the others, and wished he
might have an opportunity of explaining ; but the
Counsel considered it too trifling a circumstance to
trouole the Court with. However, as the evidence
was proceeded in. Capt. Trelawny, an Officer of
the Regiment, stated, that Capt. Gastin was on
leave of absence, at the time the Serjeanshad repre-
wilted him to have been present at the reading of
the Regimental Order, and did not rejoin the Re-
giment until several days after ; and this was
proved by the Return Looks. The contradiction of
evidence immediately struck the Court as resulting
from perjury on the part of Seijeant Warden, and
subornation on that of the Prosecutor, Colonel
Moore ; and, notwithstanding the explanation of
the Prosecutor's Counsel, the President pronounced,
that the Serjeant should be immediately committed
to the guard-house, and the Colonel put under ar-
rest, for having proceeded with the examination of
a witness, whom he knew to have made a fain de-


l

Po•ition. Coloael Moore was, therefoie, C011(10444
to his lodgings, and kept under close arrest from
Saturday, until Monday, when a letter horn the
Coma informed him, that ter the remainder of the
C.ne that Ni. ernnld continue under atrtst, he might
co;:sh.ter himself a piss: nk a At large.
r.i, was the Cale oil the part of the Pkinti6*,
or. n.Lich he grounded the plea of false imprison-
ment, in that he heal not sablvfted himself to the
pnr.ishment, nor had the Court Martial
,the power
to infliC: it.

In the conrse of the evidence, which was then
called tri move the case.

Lord Chief Justice NI arrsr tern took occasion to
obset se, upon the assumption of the fan by Mr S".r-
je int Bost (for the D:fendant), that Courts Mar-
tial had the power of committing persons into con-
finement ; that it sea. a mistaken notion, and that
no such discretion was delegated to them. By the
19th Article of War, authority, it is true, is given to
Courts Martial to cortiniit persons, who, by any im-
propriety of condo.% 'nay disturb or interrupt their
proceedings, but no power was given to them ar-
bitra: iiy to commit witnesses ; nor did even this
Court possess so great an authority.
Mr. S:rj. Besr, addressing the Jury, observed,
that the reserve of experienced and respectable
witnesses which he had, expecting to have availed
himself of their evidence, would not now benefit
the Defendant's case, as the high law authority,
the Chief Justice of this Court, had just decided
that Courts Mattis! had no authority to put persons
under arrest His grourd of defence was, there-
fore, narrowed ; but theist,' would take inns their
' consideration, that the Defendant and his compeers,
in exercising 31 power wilioh it was now determined
they were out invested w ith, had fallen into an er-
ror which had prevailed, and that universally, dur-
ing the memory t f ths olJe.t witness whom it
would be possible to produce. Should they find a
verdict for the Posititiff, this consideration would
have weight with them in estithutung dArnmg-s.
The possibility of any ha/proper having ex-
isted to induce the steps taken by the gentlemen of
the Court Martial, was not nor was it
urged. The Defendant was unknown to them, and
in their conduct towards him, they were only led
astray by a zeal, which, it now seems, was exces-
sive, for the goo 4 of t'ae service in which they
were engaged.
Lord CniefJustice Marisrt ern reviewed the case ;
and said, that the vcrdid 01 the Jury must be for
the Plaint;ff, as the arrest, in this case, was totally
illegal It was rather strange, he observed, that
Courts Isltatial should think themselves authorised
to commit persons tor perjury, or oth^r offences,
than those upon which they hid themselves the
power of deciding and punishing. He would ask,
tor how long, and where, they would commit per-
sons, and how their authority was at all to be de-
fined ? If the statutes by which Courts Martial are
regulated, had been properly attended to, no such
idea could ever have 'seen entertained, with regard
to the extent of their powers. His Lordship thought
the Court had proceeded harshly with the Plaintiff
And Sesjeant Warden ; and in looking at the da•
triages, the Jury should consider how unpleasant
and hurtful a situation it must he to an officer of
rank, to be arresed on charges so serious as those
which were alleged against hint.
The 'Jury retired about a quarter of an hour,
and brought in a verdift for the Plaintiff, damages
5001.

During the trial, tl:e Court was crowded with mi-
litary gentlemen, anx.ouc to hear the deciaiou on so
novel and important a point.

OLD 8.411. El SESSIONS, Fait. CO.I
Meld before Mr. Juste e LAMB, Mr. Jscstite
HLATH, Mr. Baron GRAHAM, the LORD Ma.vok,
'taco P DER, an.i several ALDIIRS4 LH.
Josrpi How, a hackney coachman, was indifted
for stealing a small black writing desk, containing
a silver pencil case, a miniature pi,Ffure, and lIL
in Bank notes, the property of Mary Anne Nisbett
Banks.
It appeared from the evidence of the Prosecn-
trix, and her footman, that on the 25th of January
last, she hired a hackney coach, of which the Pri-
soner was the driver, in Fleet-street; two trunks,
tour small parcels, and the writing desk men-
tioned in the indiftment were put into it, and
the coach drove to a: house in Russell-square.—
The servant took out the trunks and parcels, but
forgot the desk, and having paid the ccorhmsas. he
drove away. In a short time alter, Mrs. Banks
missed her desk, and every enquiry was male atter
the coachman, to no purpose. Information was
then given at a Police-office, and, by the descrip-
tion of the man, he was at length apprehended.
This evidence beintt gone through, James Wood-
bury, a cabinet-maker, in the neighbourhood of
Shureditch, was called. He deposed, that the Pri-
soner lodged at his house, and that on the night of
the 25th of Jan. last, he brought home with him a
small black writing•desk, which, he said, he had
found in his coach. The Prisoner desired him to
break it open, and he did so. In it there were seve-
ral papers, aad a miniature picture; but he denied
having looked at them, so as to see where the
owner lived. The desk he afterwards sold to his
brother ; but a day or two before he sent it to him,
in examining it, he found a private drawer, in which
WAS 111. in Bank Notes: these he took, without
lazing the Prisoner know any thing about it ; and,
having spent 51. concealed the remainder in a bottle,
in the chimney. Thin witness underwent a lung
cross-examination, by Mr. C:t ►ADE, as Counsel fur
the Prisoner, in the course of which, he contra-
diaeil himself so often, that Mr. Baron St:r rota at
length interposed, and said, he did not think any
credit could be given to his testimony.
The brother of the last witness was then ex-
amined ; he stated, that when the desk was brought
to his house, the papers were taken out, and he saw
them burning in the fire ; but, though there was no
person in the room but his brother, and another
pCIT,III, he could not tell who threw them in.
In his cross-examination, he contradißed his bro-
ther in several instances ; and, like his brother, also
contradiCled hinsself.
The Officer then produced the writing-desk,
which he had found in the last witness's house, and
Mrs. Banks identified it.
The Prisoner, in his defence, called two witnesses;
one of them, his master, proved, that on the morn-
ing of the 26th, the prisoner infottnesi him, that a

-

-

%writing desk had been 14t in lilt coach; he,
the witness, desire : him to take rare ;,,. ;Wrier a
proved, that the pris 'Cr, who cou!-1 n• :her read •
nor Write. requested him to look in the ~‘•spacsefss
to see whether the desk wee adve-ris d. *4e*,:ral
witnesses were then called, Who gave the iirisonet a
very good character
ittry retired, area, in half an hone., refit/ ne.l *
verdid of ded•e, but strongly recommended the ,
prisoner to mercy.
Mara Hall, a very genteel 1 )oking mid.flaged
man, was indicted tor ti:gamy, in tnirr?•np,. `.'irs. •
Dominy, widow, during the Ile•time of Ann •
Whit:fen, his wife
It appealed that the privaner Was Angazed in the
pottery hnsiness• and that in dna, , 1 ru, he mar..
ried Ann =Urn, with whom he lived ahout ten
years ; he then separated trout h-r on account of •
her mi,rondud, and in Navember, isol. pas-
sing himself as a widower, he married Nlrs.
1.3 .mine, in the parish church of St. Mary-
la-Bonne. they lived together for alwin
a year, when Mrs. Hominy hearing some reports
of his wife being Jive, asked him whether it were the
case t and he ssid positively she was dead. This
answer, together with an assurance from the father
of the first wife, to the same Olean, for some time
calmed her uneasiness. end they lived together very
happily, until this indißinen: was preferred against
him.
Mrs. Donsi:,y, in giving l•er testimony, appeared
in the greatest agitation; for some time, her tears
I prevented her from speaking. Sheet len tth stated,
in answer to some questions put to her by Sergeant •
Best, sr the Prisoner, that she always had believed ;
Mr. li4B was a widower ; that he had always
treated hat and her family in the kindest manner;
• and that, on their marriage, he ha..l settled allithe
property she possessed, on her, et her own disposahl,,
The Prisoner stated, that w`len he entered into
the second marriage, he was assured that nip first
wire was dead, 4: d that by her father; otherwise
nothing ca.:•.:1,1 have induced him to have married
t any woman.
He then called the father of his first wife, and
miny other witnesses, from whose testimony it ap-
I pwared, that she lived with a man .4 the name of
M'Cornick, and went under that name, and &Ise
that there had been a report of her death. This
typort, however, was not proved to have milted
• before the second marriage, and Mr. Justice/ices-it.
in observing on the evidence, tai +, the law reds '
pris•tive, and that whatever might be the circum-
stances of the case. as there were no pains taken by
the Prisoner to ascertain whether his wife were alive
or not, the Jury must Sad him guilty.
The agitation of Mrs. Dornetiy, while the Jury
were deliberating, was excefaive ; the raised up her. •
hands, and exclaimed, For God's sake, have •
mercy 1" and then fell, almost senseless, on her
seat.
The Jury found the Prisoner G•til:/„
Two servants of Mr. Willis,, the keeper of tbs.
Thatched Cabin Tavern. King-street, St. hams's, •
were found Guilty of larcenies committed is his •
house. 1
Yesterday morning, at ten o'clock, the remains of
Mr. Pt IT lay in State, in the Painted Clam' ere
which had a very awful and grand appearance the
coffin was coveted with a black velvet pall, sdoeotl
with esCOvileolls, under a black canopy, likewise.
acr used its the same manner; at the foot of the
coffin a rich cushion, on which the helm and crest.
sword and surcoat, of the deceased. were placed
two mourners were on each side of the coffin; the
whole of the chamber lined with black cloth ; and.
lighted by near one thousand wax-lights; the
pressure of people was not very great; the utmost
order prevailed. It closed at four o'clock, and will
open again at tea this morning. A party of the
Horse and F•iot- Guards were on duty, assisted by a
great number rf constables.
We had :1-•ara, from a very respecnable source,
that letters of a late date had been received front •
Mr. CUR:NEVIS, and are happy to add the following
pirawapii nom The B Ceeessiek of Wednesday:
•• We are happy to have it in one power to assure
the friends or Mr. Cuenca's& and the lovers of
science, that that distingniehed Philosopher bairn* Jr
perished in the Black Sea; for he has written to
till friends in Ireland, to inform them, that he had
most providentially been saved from shipwreck. He
is totally silent with respell to his fellow-travellers,
the Messrs Toasts. It is, therefore, to be pre-
sumed, that they either did not proceed with him to
Constantinople from Hungary, or that they are safe;
for, had they been lost, he would have mentioned
it ; the former supposition is the most probable, as
it is known that they expressed a wish to visit St.
Petersburgh, before their return to their native
country.'
there. Lowrey.—The Ticket, No. 10,730, at
first-drawn on •fuestlay, entitled to 20,0221. was.sold
at Messrs. Hasaats, BURNS, and Co.'s Office,
Royal Exchange, in one Fourth, one Eighth, and
ten Sixteenth Shares. Tickets and Shares, warranted 1
undrawn, continue on Sale at the above Office. All
Tickets drawn To•murrow, the Fifth Day, will
he entitled to 221. each, and the first-drawn on the
S•lth to 20;000t.
Every liiticet drawn To-rnorrow is sire to he
a Prize, and the First •drawn Ticket nn the Sixth
Day is sure to be 20,0001. ; therefore, those who
purchase now have a double chance, as every
Ticket drawn before the 28th instant is sure to be
a Prise, and every capital Prim already drawn has
been sold in Shares.
It is a curious coincidence of circumstances, that
every Ticket drawn to-morrow, which will be the
ltd day of the month, should he entitled to 121. at
the least. '1 he following is the state of the Wheel
' Tom ate 10,000
1. ..10.1+00 •
3... 5,000
57-
Afc. &c.
It is reedibly reported, that two Sharers of the
20,0001. prize, drawn on Tuesday, purchase their
Tickets bat a day or two only previous to the Draw-
ing. What an encouragement to possess *ay Ticks
ets and Shares that are y•et attainably in the Lottery
Market; especially, as every number
the drawn
morrow, must be a prdu etve prrm first
Ticket, on the very next day's drawing, be the =sr
eitudinous one of 110,0oGl. •

es

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