The British Press; or, Morning Literary Advertiser.
London, England, 1825-02-14 00:00:00

LAW INTELLIGENCE..

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COURT OF EINO'F. BENCH, Br:calms, I'm /2.

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PEARS ON V. 11`00WEAR.
....title SW action on the statute le Anne. c. IC to receiver pe.
On neirey. The venue was laid in nlkldlesec, where the
• • nentract wasmede ; but the usurious intermit was received
as gittillte yhtes t ion was, whether the action should not
11l melssen t IN the county where the ofence was consorts-
silted, by receiving t unlawful interest. The Court took time
• oatioasider the pot when It was argued on a former day, and now
The Lotus Ceitin../nonsen delivered the opinion of the Carat
tube, that the steno. ought to have been %weight in London, bee
Mat the offence was not complete unfit the HAMM was received.
the rale of Nisi for entering a DOOIWit was therefore made absolute.
Tut LINO b. 7OSIAH TAYLOR.
This defendant can brought upto receive the sentence of the.
Cain: upon a tin:- judgment passed against him on demtrrer to.a
"gee of eat, cfoir acquit, which be had pleaded to an indictment
all .11 nuisance. in keeping a common gaining-house, from the
Melt April, 1819, until the tune of the finding of the indictment,
trameY, Sag May, 1822.
AfSlants were now pat in on the part of the prosecution. fur the
rrpose of informing the Court of the ciecumstancea of the eau.
The prjecipal deponents were John Smith, the prosecutor, and
Thomas Bovieley, an auctioneer, of Bridges-street, Covent-garden,
- loth being now prisoners foe debt In the prison of this Court. The
illpg.damed deponent cited, that in the years 18IV, Bien, and
not 'lit had been in the metier of frequenting the defendant's
bous7ein Pall-mall, wheys the game of " Rouge et Nuir''' was
played, and large sums of money, amounting to many thousand',
lee therm, by the numerousfrequenterot the table. 'the de-
ponent stated, as his reason for believing that the defendant was
proprietor of the haulm, that he had the control and management
Ili die table, and directed all the arrangements of the establish-
-1111184 and acted in every respect as the master. Deponent tSirther
ireatild, upon information and belief, that the defendnet had for-
elnely been a era in the banking-house of Sir Matthew Illoxem
NM CO., but to be so tn consequence of. his addiction to
ihe practise cif poilif Depenent denied that he had ever pro-
,. OMMINIIIIREINs Oil pfenestion upon receiving money for his
end antersed that he was influenced solely by motives
blie • Se aesersed, upon Information and belief, that
rlteiemilet
Os d had large sums of money to compromise
ether iaidaMaaala ralbred against him ; and he complained, that,
Ilk the presielegs in this prosecution, he had been harassed by
War *tenths' by enormous expense and frivolous delays, and that,
In eider to ader him from carrying it on, the defendant had in-
dicted him for a pretended conspiracy, her which indictment had
never been brought to trial. The affidavit contained oilier crimi-
sating matter, reflecting on the defendant's conduct and motives.
The other deponent, Thntras Rowley, comfirmed Smith's state-
Met, as to the defendant's being a common gaming-house. Both
deponents stated, that the house was fitted up in a style of splen.
doe; that refreshments of all sorts, expensive wines, and other
tempting incitements, were supplied gratis to the frequenters of the
table ; that the house was often the scene of not and debauchery ;
thadlarge sums of money were lost ; that many young men were
rinsed, end that the defendant had by their losses amassed con.
aiderable wealth. Rowley mentioned one instance, upon informa-
tion. and belief, of a young man, who, having been ruined in the
henna, afterwards died in a state of insanity, produced by his
loots.
' in answer to these affidavits, Samuel Stainland, clerk to
fdr. Tatham, the defendant's attorney, entered into a long state.
mint, reflecting upon the character end conduct of Smith and
Rowley, who, according to the deponent's information and be-
lief, were common informers ; and that in this and other prosecu-
tions against the defendant, they were influenced by base and un-
worthy motives, and had resorted to these proceedings merely for
the purpose of exerting money. The deponent mentioned that
these persons had on several occasions pending the indictments at
the Middlesex ';_Ressions, demanded the sums of 30001. and MOOL to
forego the prosecutions ; and that when the defendant appeared to
take his trial on those indictments the prosecutor never appeared.
John Bendy, describing himself es an artist, deposed that he had
bran acquainted with the defendant for four years, and that during
the last two years he had employed himself solely in the business
of a picture dealer, according to the bat of the deponent's infortua.
don and belief.
Wm. Wise, a picture dealer, deposed to the same effect.
A Medical Gentleman deposed, that the defendant was in an ill
state of health, and that his digestive organs were so deranged, that
confinement might be attended with fatal consequences.
No affidavit was produced b_y the defendant himself.
Mr. CHITTY and Mr. C. PHILLIPS then addressed the Court
fla aggravation of punishment, and dwelt emphatically upon the
absence of an affidavit on the part of the defendant himself, denying
that the aennitual pleaded to this indictment WAS procured by fraud
and contrivance; denying that he was the keeper of the house in
question even at this pmeet moment : denying that thousands upon
thousands had been lost at this house, or even alleging any circum-
steam which could induce the Court to treat the case with lenity.
In the absence of any such affidavit, the Court was bound to believe
that every thing alleged against him by the prosecutor was founded
in...troth. The libellous teflections cast upon the prosecutor and
Mr. Rowley. in the affidavit of the attorney's clerk, ought to have
no weight with the Court In dealing with this case. Conceding,
foe the rake of argument, that these persons did not act from the
purest motives, (which was utterly denied), still the Court, in the
administration of justice, could not look to the motives of the pro-
reenters.—Public justice required that example should be made, in
order to check this most dangerous offence. It was not in the pro-
secutor's name that justice was now demanded. hut in the names of
the thousands of unterrtututte victims who hail been lured to the de-
feedant's house—beggared in their fortunes, blasted in their reputa-
tion, and rendered outcasts of society. Perhaps there was never a
more aggravated case than this presented to the consideration of the
Court. The defendant had not merely violated the law in the most
open and unblushing manner, but he had resorted to every act and
contrivance to defeat the ends of justice. Harassing the prosecutor
with expeuses--persecutieg film with an unfounded prosecutioa—
procuring a supposed acquittal by fraud and contrivance, were some
cf the enormous features which marked the defendant's conduct
throfsghout this transaction. Pecuniary punishment alone would
here no effect upon the defendant in convincing him of his past era.
roes, or correcting his future life. To him a flue of a few thousand
pounds was nothing in reducing that mass of wealth which he had
acquired by preying on the vices and follies of the public. In his
person be ought to be made to sinter, in order to teach him and ethers
that justice must not be defrauded of her rights—the laws of the
country set at defiance, and the morals of the country contaminated
by their pollutions. i
The defendant then read a statement to the Court, in mitigation
of punishment. It was delivered, however, in so low a tone of
voice as to be inaudible beyond the Beach. We understood hint to
complain of the hardship of being brought up for judgment with-
out having been convicted by the verdict of a July. The plea of
awtrefuir acquit bat been pleaded by him, under the advice of
esounsel, and front a persuasion that. supposing it would not
avail him on a demurrer, he would still be permitted to plead over,
and submit his case to the constitutional tribunals of the country.
Re animadverted in strong term* upon the conduct of the present.
toe, to whom he imputed mercenary motives, and urged that this
prosecution was instituted merely for the purpose of exiortin;.:
money. His motive for not making any affidavit in this case was,
lee the vindictive feeling of the prosecutor should still pursue him,
and he should,letindicted for perjury, however consistent his depo.
eition might %F. with truth.' Ile was sensible of the kindness
shore td b► the Ceurt. in offering hint the privileges of plead-
hag .the general issue to the indictment, but he declined doing so,
beamed the lifer was coupled with the condition of his paying the
prosecutoehis costs-, to which he was unwilling to assent, inasmuch
as it woad give the latter that very advantage which was his object
in instituting this prosecution. lie denied that he had by fraud or
contrivance procured the acquittal upon the indictments at the
Middlesex Sessions ; the fact being, that the prosecutors in those
Jeanine+ did not appear. Ile should submit, with the greatest re.
spect, to the judgment of the Court, but he trusted that the Court
woukl not be influences in di& decision by the unfounded and pre-
jediced statements contained in the affidavits fur the prosecuuon.
coal during that he had not the opportunity of cross-examining the
deponents before a Jury.
The Court deliberated on the case for a considerable time, when
Mr. Justice BAYLEY proceed to pass sentence. Ills Lordship
entered into a view of the defendant's conduct as disclosed by the
alfidainen Ho aiversei is the two acquitial•which had been oh-
taieed at the Middlesex Sessions, pending the indictments in this
Court, and which acquittals had been pleaded here. The defers-
daft hod had the offer, on these occasions, of taking his trial before
•Jury of the country, on condition of his paying the cosrs to which
tag prosecutor had been subjected, and make ad affidavit Cut
the acquittals had not been obtained by fraud and collusion. T!,-,
taws he hat thtought proper to decline, and preferred eubinittien
to the final judgment or demurrer. It was his own fault, therefore
that his case had not been suomitted to a Jury, arid he bad now nu.
right to complain. Ile had altogether declined making any affida-
vit, and the Court, iender Such cireetuseinces, was bound to conclude
that the charge contained in the indictment coind not be ncgst iveti
or dint ppreved. The offence far which the defendant was to re-
cave sentence, was oue of great enormity, and the Court was bound
to visit it with the greatest severity. Had not this offence been
• committed before the passim., of a late Act of Parliament, which
empowered the Jodgm to impose the punishment of hard labour
upon sent offenders, the Court would have felt into be its bounden
duty in inflict that punishment on this defendant. Taking all the
cimumnsuient of the caw into consideration. the pentane of the
Court wits, that the defendant pay a tine to the King of Five
Thousteld. Pounds, be imprisoned in Cleskenwell gaol for one year,
aad at the end cf that time, that he do give security for his goad
behaviatir, for five years, himself in Ten Thousand Pounds, and
four sureties in Tao Thousand Pounds each.
--TNERIRO W. CARLTON.

When it cameo fi;.ll7;B;ir:t..; turn to move to-day, he rose
feu the purpose of te..nining his argument in this case on behalf of
Sir George Chet'rye& when
The Goner interposed, and said, that this being the lest day of
Term, it was impossible to pmeced in the case new ; the Rule
most, therefore, Lc enlarged until next Terms but their bordshm•
uheervcd., that upon application being made for that purpose, it
should be fixed toe an early day in the Term.
TUE SING v. cr.trronn.
Mr. Antscrnuis moved the Court tors Rul: to show cause shy
the judgment in this case should not be set aside. The defend In!
bad been buffeted fur obtaining bills of exchange under false and
freeedulent pretences, and had hens found guilty. There wail a
peat which the Learned Judge also tried the cause had thought
Improper to go to the Jury, but which his Lordship had put to the
Jay, arbject to en application to the Court. The defendant was