The British Press; or, Morning Literary Advertiser.
London, England, 1824-02-05 00:00:00

JUDGMENTS.-GAMING HOUSES.

THE into V. 101 IN FIELDER.
The defendant was brought up for judgment on die conviction in
1017, which he had compmmised.
An affidavit by Dr. Wilktt. of, Piccadilly, and Dr. Forres, of
Soho, stated the health of the defendant required change of air and
escrow..
An affidavit by Mr. Fickler himself, stated that he never em-
ended his residence, and that • complaint of the liver made
change of air and exercise indispensable for the preservation of
his life.

Another affidavit by defendant stated, that he had not for two
years been in any way concerned with Games or Gaming Houses,
and Intended never to be so concerned again.
An affidavit by Mr. Stafford, defendant's Attorney, corroborated
the last atlidayst.

Mr. ADOEPUUS addressed the Court in mitigation. The de-
fendant stood for judgment for an offence of which he had been con-
victed seven years ago. .1 late conviction had been frustrated by
an arrest of judgment, when one of their Lordships recollected a
former conviction for which judgment had not been called for.
The period of time was only seventan days, and nothing unfair, as
appeared by Mr. Justice Baylcy's lamas, had ever been done in the
house kept by the defendant.

MT. CHITTY followed. The length of time since the offence
had been committed, and the sense of his error entertained by the
defendant, were considerations which punishment not neces-
sary for the eorreetion and prevention loch offences. An ar-
rangement made by the defendant with t prosecute: was the cause
of his not having been called up for j
- -

Mr. Justice llEsv paid that was sonsethinclikeeonspiracy.
por Mr. CHITTY submitted it Was not, conviction.
Mr. ATTORNEY-GENERAL. it] Tation, observed, that the
two years sworn to, left a whole year ter the second conviction in
IMO, in which Mr. Fielder continued the practice for which he
stood for judgment. Alt. Fielder had sworn nothing as to inabi-
lity to pay any fine which their Lordships might think it right to
impose.

111 r. Fielder, after their Lordships had consulted for atone time,
begged to call their attention to a ciicumstance which an obser.
vation by the Attorney-General made it nrcevaary for him to advert
to. lle had alluded to thc conviction on which judgment had been
arrested. Now he had an affidavit surging. that he had not been at
all conriccted with the garning.bouso indicted, since June, 1919.
This affidavit he had been advised not to present, hacause no al.
lusion would be made to that conviction. Ile now, in consequence
or 11r. Atiorney.tlenerars allusion to it, humbly begged that this
affidavit might be read.

The LORD CHILE JUSTICE Raid it would be irregular. and waa
unnecrasaiy. The Court would only take the conviction in 1817
into their consideration in panning judgment.

The Co t:ItT deliberated for a considerable time, and
Mr. Justice BAYLEY pronounced their judgment. The offence
was of a very high and aggravated description ; because it brought
ruin on many young and thoughtless persons, and involved families
in the greatest distress. Potions who kept houses of this kind
knew that they offended, yet committed the offence for the sake of
gain. The defendant forbore to negative that he had himself pre-
vented his being called up for judgment. This privately and per-
sonally did him credit—for it was impossible to live in the world
without knowing how defendants and prosecutors arranged such
matters. The Lourt owed a duty to the public,
_and by an arrant-e, -
intent defendant aggravated his °Mame, by withdrawing the whole-
some example of his punishment front die public. It would have
been a very important circumstance is mitigation, if he had ceased
to be connected with such practices after his conviction in 1817. He
had not done so. The Court had taken the medical affidavits and
all the circumstances into consideration, and adjudged that the de-
tendant be imprisoned in Newgata for one month, that he pay
to the King a roe of 8.00111, that he give secant f for good be-
haviour for live rear*, himself in 4.8C411., and two sureties in 2,11111/1.
each; and that he he further imprisoned until such fine be paid,
and such security given.

The ATTORNEY-GENERAL supported the rule for the arrest.
It was not stated on the mord what was the object of the bill in
equity. and therefore it was impossible to know whether the ques-
tions were or were not material.

AI(. Dr warm/. 31r. CIIIiTY, and Mr. ANDERTON followed
on the 61111 he side.

The (.otrlT thought the case would turn one way or the other,
according to the terms of the draft of the agreement in question,
and therefore they made an order upon Mr. frarren to produce the
draft on Wednesday next; and, in the mean time, directed the

matter to stand over.

COURT OF COMMON PLEAS, WEDNESDAY, Fite. 4.

MARTIN T. ALI EN.

Mr. Sergeant VAUGHAN, for the defendant, stated that this was
a motion calling on defendant to deliver up. a certain receipt, dated
the 24th of October, which had been given by plaintiff to the
defendant, for money paid in past payment, and at a subsec,gent
time the parties had a quibble respecting the costa, and defendant,
on being asked by plaintiff to give it up, refused, but said he
would burn it, and a piece of paper wail then burnt, which at the
time plaintiff considered to be the receipt, but had since reason to
believe it was not the receipt which had been burnt, and that it we.,
to be produced as evidence against him ; some time after plaintiff
called oo defendant for payment, including costs, but defendant re-
fused, and asked him to give a receipt, deducting the costs,
amounting to about 21. ; plaintiff stated he had no stamp receipt,
and wrote an acknowledgment upon a plain piece of paper, for the
payment of the money, which was nude in fourteen sovereigns and
four shillings; this circumstance was of consequence, as the plain-
tiff had called since, and asked in what description of money the
payment was made.
After some further argument, it was agreed that this case should
be referred to the Prothonotary.

WALGRATE V. Jowts.
Mr. Sergeant TADDT showed cause against a rule obtained by
Mr. Sergeant Limes, for a nonsuit, upon the grounds of the appli-
cation having been at too early a stage of the proceedings.
Rule discharged with costs.
HOLMESV. MERTOW.

Mr. Sergeant Cnoes appeared to show cause against a motion
made by Mr. Sergeant Vaughan, why the defendant should not be
discharged out of custody, under an order of the Insolvent Debtors'
Court. The insolvent had been adjudged by the Court of Insol-
vent Debtors to be imprisoned for a term of IS months, for having
fraudulently made away with part of his property ; that Court had
acted under an Act or 1 lien. IV. c. 119. see. 117. The beamed
Sergeant then stated that he showed cause for the administrator of
the plaintiff, and who, if the Court should think it requisite, will
commence a fresh suit against the defendant. A verdict was given
at the last Lent Andrea for the plaintiff, and the argument, made
use of by Mr. Sergeant Vaughan, for the defendant, was that the
deceased had omitted to enter up judgment after the verdict had
been given, previous to his (the deceased'it) death. Now he (Mr.
Sergeant Cross) contended, that by the-rule of Court no defendant
was entitled to his discharge upon the neglect of a plaintiff situated
as the present one, to enter up judgment and issue out execution ;
the nature of this order was that the defendant was to continue in
custody at the suit of one o more Corey bet. should Sla.Gloient
think it neceseeey.-She eta* deceased, for whom he
(Sergeant Cross) appeared, wou Immediately charge the defend.
ant upon a fresh suit.
Mr. Sergeant Vatrottax contended at some length, that the
suit was abated, inasmuch that the plaintiff had nut entered up
judgment.
The Cotter considered that there was no necessity for judg-
ment to be entered up, and that the rule of Court alluded to
by Mr. Sergeant Cross had been made for the purpose of not putting
the parties to the expense of It ; and that tht. order had per-
haps been one cause why judgment was not entered up.
Ride discharged.

POLICE.

imam that he could 'not have come honestly by their dto hate
Tot RIX6 v. TITOI.II llTONfli.n. SEN. ram.
bad him detained. •, L'l
Yes, Sir, I acknowledge I ought to have dote go. i
by the Directors and Trustees of a Fire and life Association, pro- , was imprudent.
ruptThpere djefurenallay, asstignin edthisuelpc: hisbadanbeenswerconinV:cthariedeecirygtolifual bill filed e I
Caroegy—
jetted by him in New Bridge•streef, Bfackfriars. The alleged I Sir R. Bias tr_impregert ! It was something
/err much
perjury was, in substance, that the defendant had, in his answer, beyond imprudence.
falsely denied that he bad agreed to advance 10,0801., to be vested It was stated that the necklace cost originally 200 gctineat am
in the names of trustees in the three per cants., by way of a guaran- that the pearls now tveze worth ias. each at the trade price. ---
,ve fund for the Society. The Court in a &niter term granted a Other evidence was atlt'uned by which the Ifighlamt Cies chi
rule to chew cause why the judn-noent should not be arrested, or a nese carved snufrffinx, &I card-case, and several other' a --
things, the
new trial granted, on the grocnd, first, that the alleged perjury was proper.? of 31r. 31aci,ueen, were traced to the prisoners, &Il'',
have be en despatched the-e r;
not charged in the indictment tribe relevant to the matter in issue in i were all three fully committed for trial. " "'../
Chancery ; second, that the evidence adduced did not chew it to be DATTON-fiARDEN.
relevant; and, third, upon affidavits, 'hewing that the ddenda.:t lin consequence of the numerous burglaries which are niolrjv
was in condition, front circumstances occurring since the former , committed in the neighbourhood of PentonvUle, Limbrick and Th.'
I trial, to chew that he could not knowingly, wilfully, and corruptly, I tletnn, of.iceroto.f this catahli:nment,
have stated the circuinsuuwe which formed the foundation of the: the last two nights. Accordingly, on Tuesday night last, at ;skier
;charge. This latter topic was founded on a suggestion that the hour, they met two lads in v.outbaraptor.street, Pertutville, with
' draft of the agreement mentioned in the defendant's answer was a basket containing bread and butter. part of a cooked ham and leg
different from the engrossed agreement afterwards executed, and 'of mutton, china, plates, &c. having the appearance of being just
therefore lie might have fallen iota a mistake as to its terms, and, 1 taken front some grrtleman'. larder. On being brought up tbia.
. inasmuch an the defendant's Solicitor, Mr. Farren, who had a lien : day, the officers acquainted the Magistrates that they had Teethed
upon his papers, and was not called for the defence, was in posses. some clue to the robbery ; and, to give time for further infennation,
saon of die draft atTnement, and would be a material witness, on a . the prisoners were remanded for a week.
I second trial, and had so expressed himself after the first trial, the I Read, yen, the head officer of the establishment, appenrci het' re
defendant submitted that he our entitled to another investigation of, the Magistrate on Tuesday night, to prefer a charge of x4;4
his ease. 'against it Wk. a constable of Wit. James's, (lerkenwell,
The 1401113 CHIEF JUOTICE proposed to have the arrest of ' It appeared that Read, in the proper discharge of his and
judgment argued first, for, if judgment should be arrested, there duties, had called on 'Webb to res;gm to his care some p•c,,m,
scald be no occasion for a new trial. I found on a prisoner, which ll'elib refused to do; and oa La. 4
Mr. SCAR LETT then proceeded to show cause against the wren Pressed, he melted Head by the throat, and tore his teat x d
of judgment. The ground ot arrest was, that the indictment did and waistraat
not set forth that the questions answered by the defendant's affidavit ' The Magistrate warmly exprzssed his indignation at such CI
in Chancery were material. The Learned Cnunacl contended that outrage on the chief officer, and immediately de Patched Thistles::
it was not necessary to state in terms that the questions were ma.
to apprehend Webb. Such were, however, the feelings of the officet.,
terial. The indictment set forth, that the bill in Chancery Terre-
that they all hastened to the spot, and immediately brought up
acnted that there was an indmiture, by which Itignold became fl by the neck and heels It was so late an hour that the Ms:
bound to advance forthwith 10.J001. for three years, to answer any gistrme could not wait for his procuring bail, and he was comm....id
call that might he made upon the funds of the association, and to minor: for the night. His bail was, however, accepted yesterday
called upon Mr. Bignold to answer whether he had or had not be-for his appearance at the Sessions.
r!..________
conic an bound, and that Mr. Bignold bad answered that be bad I
not made such agreement. 'MIDDLESEX COUNTY IP ('S'E OP CORRECTION,
Mr. Orates- and Mr. Anoxruns also were heard against the i COLDBATII FIELDS.
rule.

[From the Fifth Report of tl77.7"turnittee of the Society for the
Improvement of Prison Discipline, etc.]
oc-rotten 1823.
The ember of commitments to this House of Correction, for
the last eight yews, has been as follows :
Year. Males. Females. TotaL l'arrants
11114 - 1181 - 60.4 - xt A - 664
1816 . 9178 - 697 - 2873 - 789
1817 EOl7 - 7:81 - 3667 - 1/99
111111 . 21111 - 748 - 3902 - 1734
1819 - 2941 - 774 - 3713 - 1•419
11120 - sets . 638 - 3322- 1287
1821 - 2629 - 749 - 3379 - 1823
- 1822 . 3131 1267 - 4398 . 132.8

The number of deaths were—in 182% eight; 1821, se. Pi int
eleven ; of whom seven were vagrants ; 1823, first three months,
eight ; to the end of tletobcr. thirteen—making twenty-one iu ten
months.

In the early part of the present year the prison was less health
than usual. The number of deaths, for the tint three months, will
be remarked as presenting a heavy proportion, compared with the
preceding years; since which period, however, the health of the
prison has recovered its usual state. The dietary in use Curing
the winter, consisted of one pound and a half of white bread and a
pint of gruel, daily, with half a pound of beef on Sundays.
This allowance was altered in the first week of March, ar.4 the
folios ing was substituttd
- . .

- -
Three days in the week—six ounces of boiled meat, one pint of
gruel, and one pound and a quarter of bread; three days in the
week, one pint of gruel, one pint of soup made from the boded
meat of the pr...ling day, with one pound and a quarter of bread;
one day, a quart of gruel, with a pound and a quarter of bread.
The time allowed for the prisoners to see their friends is now re.
stricted to one day in the month. This regulation, so consistent
with good discipline in a house of correction, must be felt as a
severe additional restraint by most of the prisoners. The 3faltis.
trees in this district, however, grant occasional orders of admission.
The juvenile prisoners are instructed about two hours in the
afternoon of each day, under the care of a schoolmaster. TM
chaplain attends to perform service twice a week, and on Sundays,
both in the morning and in the afternoon ; the men and women ire
brought up to chapel at separate times.
The number of prisoners in confinement at the period of this
visit, was 527; three months ago it amounted to 7:Z. The num.
bcr of inferior officers has been incmased to twelve male turnkeys,
two female turnkeys, two day watchmen, and four night watch.
rent—in all twenty, over live hundred to seven hundred prisoners,
or one officer over twenty-five to thirty-five prisoners. One tarp-
key is in constant attendance at each of the eight yards, whilst the
prisoners are at work in the tread-wheels.
This extensive piece of machinery remains in the same state as
reported last year. The power derived from the combined exertion
of upwards of 200 persons, is still applied to no useful P
whatever, being expended in the air, by means of a large fly-waned.
We earnestly anticipate the erection of a mill.
The state of the vagrant department is improved • they as. now
divided into two classes, and are generally provided with pristn
clothing : their present employment is picking oakum. The prison
is well ventilated ; the walls, &c. are repeatedly lime-washed, wed
particularly the edges of the flooring in the pas. and smil-
e...sok which is of much advantage in point of alnol;aen There
arerdtii int:marten, or sick rooms, two for each eel. The whole
prison appeared quiet and orderly.