The British Press; or, Morning Literary Advertiser.
London, England, 1826-09-29 00:00:00

minim ASTI SI SSIO,VS.

An au r. meeting of the above Sessions was held yesterday,
at which Mr. Cower. the t linirouni, ',misted by a nuntbet of Ma-
il:orates, presided.
Jobs rq/li a alight young man. Apparently about twentymix.
ioarsof atm was put to the her, charged with having committed a
vi.dent ammalt upon therlotte
Mr. Ataxy-, after stating tue ease to the Jury, called, as his
Ant Witmer, the preeettnris.
Charlotte Cullen entered the witness box, and. although a girl
bottoming t t • bomb'e clam, displayed to the Court a face and
figure of the rivet perfect deecriptimt. Nothing could lie more
beeotiful than theft-enter, and the latter was symmetry itself. Slue
reseed that she had known the prisoner for upwards of two years:
that having a holyday on the 111th of August last, given her by her
toaster, Me. Ward, of leer, she called on the prisoner at the King's
Arms. Uxbridge, where he was ostler; the time site called was a
q aria co nine o'clock. The prisoner wan het sweetheart, and she
was id the habit of keeping company with him. When she saw
Mm. she told him she wee going home. and he replied that he
would aorompany I:er. They walked on about half a mile, in the
Lvov at of which their conversation wits not very agreeable; doling
elle next hail mile, which brought them to Cowley.bridge,
tray di.l cot converse. Upon their arrival at this spot,
the prisoner attempted to take imprtmer liberties with her, but
the twisted: he then threw her into the river nom a bright of ten
or twelve fete t she screamed, and two men elate to her assistance,
who took her nut of the water, and brouoht her to their cottage,
where else found herself rivet morning. She was completely insen.
eible from the time she had been thrown into the water until the
following morning. She said that the prisoner came to her the
next morning, and asked her whether she had said that it was he
who threw her into the water to which she made no answer. Mr.
Green, the Curate of the parte'', who was is the mom, said she
owed it to tied sod man to say whether or not the prisoner was
guilty. She then faintly said No." In reply to Mr. Alley she
said it was fear on the young man's account lust induced her to say
so. The witness, upon her cross-examination by 31r. Rolland, ail.
milted Must she had been very fond of the rim:ter. She could not
eeplain why she sweet against the prisoner after having denied that
be hoctbecri guilty of the offence imputed to him. Site denied that
11 in Bowden, her master's eister-iii-law, asked her whether the
pristine, had taken any liberties with her, and she of course cuuld
re.: :tare told bet that he did not. _ _

•93'neel Newport recollected the night of the of August ;
going to bed he heard a scream and a splash In the eater; he
listandy tusked out, attended by his brother-in-law, John
aud found the proseeutrix partly lying in the water, her arm in the
mud, ud, and her chin just above the surface. She was so exhausted
that she could not be understood, except upon one occasion t "'ben
asked who threw her into the stream, she exellim,tl, '6 tlit, tite
, 41,r. the ostler of the King's Anna; fetch him to me!" Ile
and his brother-113.day brought her to his cottage, after which he
( witness) and Clarke, went to the King's Arms at Uxbridge. and
ax* the loirocer, who exclaimed, 66 You need nut tril me any
thing; she Last tome to no ham by me; it is toy own happiness,
ald not hers, that I look to."

DULLAWD addressed the Jury for the prisoner, and raid
that. in attempting to overturn the case made oat against his client,
he !ill to contend with many pardonable preiudicet. The first
r as. the charge. which if true, nothing c-m:d powdhly he more
brutal. The next was, that that charge war timer by a woman,
and • woman too attach prepossessing appearance that to suppore
nninith could possibly escape from her month would he almost
a fßefliege to her loveEnces. Mr. Holland then went on to eon-
tend that it was jeeloti.y that induced the pronecutria to sttem-t to
brown herself in consequence of the care Liss manner in which he
had treated her, for, said die Learned Gentkroan, by her own show-
::g, they had not rpot.cn for a considerable time, 1, consequence of
a previous quarrel. iie remembered a case in which a young
woman wss found .drowned in Hertford, and an eminent Conrad,
who afterwards Deanne Lord Chancellor of England, was accused
cat the murder. The evidence in the case, although circurn.
stantial. was ninth mere cogent than that given uglinst his
client, yet the Jury came to a decision alike honourable to
thismselin.4 and istivvntagenur to society. And, what must he.
ratty gratifying to them, it came out some time afterwards that
:hear verdict was correct. What he (Mr. K.i considered very
steatitic in the present case was, that after the prowecutrix had
d.trisil that the prisoner had thrown her into the river, she gave mi.
thri-ce reenlist him.

Edward Ortmatone deposed that the prosecutrht toll him, the
neat nmeninte. that the prisoner parV4 her into the river a and. In
reply to . Mire Rot/den, ,he denied that the prisoner had taken itn..
prmier Ilbertieswith her.. . . . .

r 31,.. Green, Curate of Iver, said that he brought the prosecutrix
h•ahc from cottage where she had been brouii.lit. lie asked her
~ilfaher or not she trill been thrown into the river. anal she
•• The ostler at the King's Arms will tell you all about it." The
witness went to Mr. Clarke. the magistrate, who desired him to let
all the particulars from the girl ; in conaequenee of which, he aelin
asked her *bruit the affair, when she said that the primmer and tier.
self were walking along, when he pushed her into the river. Mr.
ltwwden. who was In the room. asked i;er if the priiainer took iin-
pruner liberties with her, which site denied. ll'L•en tie prisoner
cam. to her, although she refused to 'atilt at first, ye: she after.,
ailrds said, tines times, that the prisoner did rot then w her into the
riser.
__

JOhn Farley, • farrier. said, that ho called on the pri.mner the
night of the oranaamon, about 10 o'clock, and upon his (witness 0
thallmiging him with throttirtc Charlotte Cullen into the Oyu, 1.. t:
y.ati!tvely denied it.
!lir. POLLAN!) odd that this aceounttd fur the prisoner's er:l2-
o•ston'to the witnesses for the prosecution.
roe master of To& gave him an eretbent character.
. .

_ -
hontion and Jone• proved that the girl was pertertly i• 1 her aroses
after coming out of the wnter.
Hr. ALLEY commented at some length on the testimony given
fur the prisoner, after which the Cluurcuan Nunikyea up the evi-
dence.

The Jury retired for n sheet time, and returned verdict of
gulb)._-semvure was net pilled.

POLICE.
THE RIVAL StiLICIToRs.

Maw et o sm—Yestenlay, Mr. John Wilke, j on. M.P. for
L'udbory, came to the Justite-toom, attended by eight or nine wit.
DWI., and by his Counsel. 3lr. Chitty apolicd for the interference
of the lard Mayor to mem to hint the house and ofnces to New
111,1rati-Street, which he claimed as his premises. and In enforce the
law against those whom he eha,ra with having illegally and
tic ously taken and retained posses.ion of their.:
its Loan 11111110 h said, he thought that v would be advisable
lust Mr. Verbeks, the party against whom
made, shoot& be present, when he might usere.readily answer the
',Urges deferral against tem.
Mr. Ctitty had no ohjenion. His application, however, was,
that his Lordship would issue summonses against the ponies. As
easy would then have en opportunity of ohtPinitig topic,: of the aIE.
dr,as, u 3 which he grounded his application, and which would be
tike,, they would be enabled to COllllO better prepared to meet
Le case.

Loan !fame said Mr. I.l.ll)Cke rnit;'.lt have some oh;:'r. I
Loos Io make, in milts% to the procceitiag. and there-foie ha
t,hought Immediate notice shcohl be driven to lino. Ills Lordsltio
neat sa (liter to tequeat the attendance of Mr. Verbeke, wt.° came j
before the conclusion of Mr. thitty's statement.
Mr. CIIIIITY raved, that on the dissolution of the partnership I j
b:.wean Yr. Wilk* and Mr. Verbeke, in Mar 1.1%T. ti,; ilterest in
the surmise-a in question was vested in Mr. Willis. sul,:yrt to the
berturtnanee of amain contracts before the .10th of De:ember. If
periontied these contracts before that time, he tans to have the
absolute property of the premises; and we understnal thu IrearacJ
Cueasel to state, that in the mean time Mr. Lanturd was appointed
trustee to take tarasessicarof the premi.rs. in ease of the limper.
nonce of the contract. alluded to. It was settled at the dole of
t..e dirsolntion of partnership that it any dienJit.• artae a. to the
Laranis, it should be referred to arbitrat.ou. Mr. Al'ilks ern. to
)..sy the partocrship debts, and to collect theme accounts which are
doe to h.
__

The Loan Mat on here interposed, and said he could tni rc,t
i:•.te any question of right, or the discussion of any partteld•iii •
I.4eiins. Ile conceived that even it' the panics had r. dear r.ght tr
..tee premises, the law would not permit them to assert that right in
curvet:mites or riotous manner. This fact was the only ore in the
case which as a Magistrate he hail a right to art upen, and he must
uiarefore decline entering into the consideration of deeds. Hr bail
riot, when complaint was first made on the stib;;ert„ sea: Ili? efficera
enonecter those Wi possession. because II! rocsielme.i that Mr.
werhelie. as a woe*, lied a colourable right to the pnanises,whlch
had best be deterinked by a superior Court.
)IT. CTIITTY said he was prepartd to entitend that Mr. Verbeke
law rot eves s eohinrable right to the premises ; awl he thougA
gala sequieite, isi ',dee to show the thunder of the proceeding by
rabid: poss,ssion of them had hem obtained. Mr. Lawford, the
trustee, a oentloman of high respectability, was the only one who
had the right to interfere, nod they had his affidavit. d'iaclaiitting
any iwention on his tart ,o do to. The oily justification which
M,. Verbtke olfared seas. sit wertion, that if he had rot taken pus.
:4,0410n of the premises, the +Ades of Mr. Wilk, wccld be in a
4 ertnin shape at the end of the re.r, and his Interests greatly in.
.r.l by the property Dot being in his posseesieo. This was,
; is • err, a mere P•Scruon of his, dcv ins e of foundation. and whi,
....••;!It not to be entertained, as, even If it were true, it sifforiltd
him no legal jilltifleoti,in. If, however. he had the least rig t'ir
I iw would not permit hint to enforce in in • violent or eurreptitiot s
manner. Ile shoot I liars gone aad made a claim openly, and
den outied pos,essiuo. It could not be tolerated, in this goat Me.
ft...4)01i., that he should go at halt:past tight er nine o'clock. when
inc family were loom home, and gain admission by vouch..
ing the servant girl who was :in possession of the pre-
mises; neither would the law permit that armed men should
come ai.d forcibly retain ponseaston, threatening to shoot those
oleo attempted to interiere with them. Ilia Lordship mum
pe sw.ire that the tendency of such a proceoiliog 60 a protest.
moist man, or any one in trade, was ruinous. 'flit whale of a
cone's fair means of livelihood might he mined by much scourer, if
it were once sanctioned. Parties would not pat the debts which
were doe whilst peeving were so in oo sesseion. or whi:w there was
tbrimiallest breath of suspicion tint they might he paying them t 3

those whn bad no right to receive any. The proceeding would be
fatal, if it were sanctioned. What he stated was the substance of
affidavits which he begged to lay before his Lordship, and it was
sworn in them that the declared object complained against was to
raja Mr. Wilke by the proceeding they had adopted, All Mr.
Wilks's put letters had been withheld. On these grounds, there-
fore, eenteneing that the proceeding was against Mr.Verbeire's own
deed, that Mr. Laniard. the trustee, even had no ground to *ante-
tete. and that, if ground liad ever existed, it had not been legally
Proceeded noon. he etihmitted that the case was one in which, un-
der the common law, the Magistrate was bound to interfere, and re-
store to the party complaining -the possession of the premises vie_
lently and Illegally taken front him. He (Mr. Chitty) had himself
adopted this course of proceeding against a person who had In a
similar manner illegally obtained possession or some premises, and
three Magistrates had convicted the offender in the yenaliy of CAW.
The law, wisely for this purpose, made the Magistrates Justices of
Record. Ile took the proceedings under the authority of Tidd.
The Loan Mayon asked tnc Chief Clerk whether he knew of
any ease in point?
Mr. Holder said it was not an every-day case, and that he was
not then aware of any decision which could be cited.
311% CHITTY said he could refer his Lordship 0 the Magistrates
whn made the decision.
The Loan MAYOR said he was of opinion that the mode taken
by 111 r. Verbeke to obtain possession was unlawful, even supposing
he had the right to them. As to the intention and motive on
which so much stress had am said by the Learned Counsel, that,
his lordship considered, formed matter for the dechion of another
Court.

At this time Mr. Verbeke flaring arrived, and being informed of
thenature of the application said that he was entitled to have copies
of the effitlarits made in the case. and presented to his Lordship,
bef,re he was culled upon to answer them.
Mr. CHITTY professed much respect for Mr. Verbeke, from
what he bud seen oi him, andadvised him tint to seek the advice of
tome rrotessional friend.
Mr. Verbeke Raid, that unless Mr. Lawford joined in this mea.
sure, it was legally of no avail. He (Mr. Verbeke) had been
anxious throughout the proceeding not to involve that gentleman
in the proceedings. If, however, Mr. IVilks persisted in his
course, he( Mr. Verbeke) must adopt measures that would compel
Mr. Lastrtiod to eject Mr. %VIA% and himself too.
. .

bonn 111.itot directed the attentitm of Mr. Verbeke to
that which heeinssidered the nutter's' point before him, namely,
the mariner of obtaining and defending the possession of the
premist•.

• -
31v. V etheke wished to explain why fire-arms were used. After
the plmmession of the premises had been obtained. a man came,
and int:relied the patrol that thirty or forty men would come and
break opsa.thslliouse, with the itdemion of retaking possession.
Ile emisideral ells am an endeavour to pump the officer to sae
whether, if an attempt of the kind were made, it would be resisted.
1-pon this he openly gave the arms to the persons in possession of
the premises, and informed the patrol that they had arms, and
would make use of them if any thing of the nature threatened were
attempted. Ile did this with the view of preserving the peace by
preventing any attempt of the kind. In the course of Sunday three
men come.

Mr. %Viik■—\ot the 'lightest attempt of the kind war ever made
or son lemriwesl._ .

Mr. Ver 'fluke declared that his only objcct was to secure the
payment of those partnership debts which Mr. Wilks had solemnly
promised to pay, both verbally and in writing. The latter had
served him with notices or acoons tOr conspiracy and for tresr,s,
which he was remind to defend, as well as his right in the pre-
mises. The payment of the partnership debts would at once put
an end to his claim upon them.
The hoist) MAI on said. whatever might be the right or claims
of Mr. Verteke, the whole of the mode of getting and retaining
possesbion of the pre nisei must meet aids the entire condemnation
of Magistrate or fiend of order.
Verbcke declared that there bad been great misapprehension
as tattle mode in which the possession of the premimm was ob-
tained. .lle denied that there was any violence. It was not until
alter Mr. Conic and his brother-in-law had been admitted into the
house, and had conversed with the servant girl, that she began to
scream en seeing two strangers come in.
. . . .

N-. Wilk* sail, that ; large sword was handed eirough the
window by Dr. Mitchel, who lived at the ant house; that there
were threelnaded pine's, and other arms...

The LOUD t'Y OIL called upon Mr. Gutty for the minority on
which be proceetlesi.
Mr. CDITTY then cited, Rom " NMI'S Justice." a nor, the
name of which he did not mate. where it was elicited, that where
three men assisted a fourth in violently taking possession of some
ground to which he had a right, they were punished for the illegal
violence used in obtaining it. Mr. Chitty alto proceetled epee the
statute of the Lith of Henry the Seth, rep. 9. It was oa this sta-
tute that the Magistrates, in the ease before adverted to, convicted
a person in the penalty of 01. and restored to him (Mr. Chitty)
poe.ondon of the premises. . _

Mr. \•erbeke protested tigainvt it, being assured that the premises
were taken poree‘sion of violently. •
31r. IVilka contracted, the; it die violence were committed sub-
sequently to °hi:doing povsersion ot• the premises. it was sufficient.
Some altercation here took place between Mr. NViiks and Mr.
Verbeke, who dreier. ei that the eight affidavits produced were those
of a gang, and that there was not a clisinterevied witnceb amongst
them.

The LORD MAYOR interposed.
IVilks declared that he had only acceded to some terms on
linitlay, in order to avoid the actual ruin of his business. He.had
done tins in the nmkhiiness of the emergency, blt lied subsequently
eonsul'ed Mr. C:iitty. :ind had found it neetssary to appeal to his
Lordship to restore tint to the just possession of his premises., es
violent!: and Mc:gaily taken train him.

The Loan 31ATOR Mitt he wee certaisly. anxious that such a
Mode of gaining forcible 1,0550111011 should rest as an example.
I hey hail another Matinee of a aintilar nature recently in fleet-
greet. They had t7llWrt out of these Joint Stoat Companies. where
4 r.umbrr of individuals eseli considered they had particular rights,
Lnd were not delicate in each irregular aflairs as to the male of en-
forcing titan. Only look at the consequence if it were nloweel ;
rereor.r alight ender some colourable rights even enter a banking.
house at night; and thieves, who were sufficiently adventurous and
dextras„ might avail thein•elves M such a right to plander. IR
what a state of :liat, must men's civil tights be in this metropolis.
if it were admitted ,hat private individuals might resort to the use
of fire-arms, either to assert or defend tbcm % It would be a return
to harbartm.

➢lr. Veibekr said that every case must deyerd on its own
grounds; ar.il in thin instance, supposing the parties to have been in
under the Sherid's, they would have been justified in defer.ding
th ems, lves sealest an attack of the nature anticipated.
The Loan ItlAvon said, that if, in any contest which might
harts ensued for posses..ir.n, death had ensued by their use, the
patsies .hats would have been guilty of murder.
lir. 117iIka said, that rot only was violence used of the nature
stated, but his papers had been thrown in heaps, confused, and
scattered sh9ut the ri.for.

Mr. l'erheke der:used th.lt part of those papers were his.
31r. %Vila denied this.

Ate. Verbeke rrqurrzed Mr. Wilks to take public notice that if
he rontieurtl hi• present course of not paying, he (Mr. Varbeke)
should ettaattler liirist:ll at liberty to use all the means in his power
to coupe nio: to Talf,rnt his crigagtmcnts.
The I.nn D 31art, R —You may we all lawful means.

111 AB-said. it the parties Souk' withdraw their servant from
the possz+sion, he would discontinue the prscnt proceedings, and
silos the city officer to tculain on the pleases.

Mr. Vert,:ke deLlsreil th.,t kc though: it essential to his own pro-
tection to Lei poxstc•ioa, as he knew it aas intended to make Mr.
%%11kt n hanktup:.
Th. 1% iiks-1 hate been PWOIII. and I declare upon my oath
that tioti.inst of the kind is inttndtd, or Itas been communicated
to me.
Mt. Vtrl,ehe-- I know k is.

31r. ‘`..ilks iteclaical that he made this application chiefly to get
rid of the &pp:armee of acquiescence metre tresplssers remaining in
possession. lie should indict theta certainly ; but, its tang as the
agreement reinsi.itu, it should not be infringed by him.. All he
reatuired roar to %%I these proceedings was, to have the savant
wither.pirti, and to naine the oti;cm- to rimain in possession.

31r. I'erbeke-11-01 Jr. 3 Wilks promise soleuntly. before your
I.lnd o‘ir, that if the servs,,t, is tsken out, he will not afterwards
make soy attempt to turn tic utheer out ?

31r. 11ilka—ko attrinpr of the kind kill be made. There it
peport.r- here t %lint 1 aar will be reported; and if inch an at.
teinpt i4.maile, my worth. will stare me in the face.__ _

31r. Verl.•eke eiprereed his apprehOn;iontilat 3lr. Wilke, after
the money dote to the partnership, would pay now of the
dratt, imt would I,oee that for him (Mr. A'erhelcc) to do.

31r. CHITTY laid tIICCC WAS no ground tat PUCh an apprchens
sion ; Mr. %Vince intended to fulfil all Ids engager,ents.
Mr. Verbeke raked whether Mr. Wilke would consent to the
appelotruclt of a Ileceiver, to collect the debts, and settle the ao-
euunni of the psrtnereld ?
31r. tVilks &entree the proposition.
Mr. Verbeke avid tl.ere Vat upwards of Illy shillings In the
pound to pay the partnership debts. Thcr,2 was 111,0001. due to it,
and 3,V/qt. to pay tram it. The premises in question were worth
2.1.1001. There rzre judgments ehtercil at the Judgment-office
against Mr. V.'ilks for V. 1.0001.. and he was under other engage-
meats to the smount of upwards of 6,00171., from which Ms privi-
ltr as a 31sinbcr of Pa.liament at present protce!erd his person.
Undo' these circumstances, lie (Mr. Vet beke) thought it requisite
at Ica.4 t.tr tr:eurc the prcmisrs. Ili+ friends urged him nut to heals
tate on the subject, Farticularly us Mr. Ifilks did not pay debts of
even mee;isr4tiller amount.

Mr. Wilke wished it to be distinctly understood, that after
partnership debts vr‘.ry all liquidated, and every claim settled, Ids
private fortune atuuttnted to ittl,o4lol. Avrattgentt:.ts had, be de-
clared, been nrole to met:term claim upon him.
TI4 LORD Mayon—You Are bound, Mr. WIlkS, to put hit*
compirtly at tale on the subject of the debts to which he will be
liable, if rou do not pay them. You may feel very comfortable re-
spec,ing then, but it does not follow that he should. lie may hare
worse opinion of you than you deserve; but you ought to set him
at Fat 01, the sohitetof these engagements.

31r. said, that it 31r. I'r7beke were presstd for the par.
mom of his own erb!s, he would find some difficulty in meeting
them, if he could pay them at all, so that it mild nut be very ma-
terial 14 him. He could nut have gone on at all but fur assistnnce
torn his brothers who had recently bad a little property kft to him.
Mr. Verbcke deni,cl the assertiun, and sail that what sir.
Wilk* teak-it n " Mac property" was a valunblu estate in the
Writ Indies.

The LORD lilavoa said, that the mote private debts Mr.
Vetheke had of Ilk nwn, th more cause had he for unta,inct.s at
the prospect of baits saddled with those of others, and L!'e