The National Register.
London, England, 1821-07-01 00:00:00

CAPON V. CROSS.

This was an action tried at the sittings at Guildhall,
after last Term, when a verdict was given for the plain-
tiff—Damages 2001. Mr. Nlarryat, on the part of the
defendant, moved the Court fora new trial, on the ground
of such verdict living contrary to evidence. The Chief
Justice read his notes of the evidence, and granted the
rule.

COURT OF COMMON PLEAS,
ASTEL V. WINTER.

This was an action brought for one month's hoard
and lodging of a lady and her child, at the desire of the
defendant. who is a general in his majesty's service.
Eliza Evans, the first witness called, stated, that she
lodged in the pl house, in Popin's-court, Fleet-
street, during the last year; she saw Gen. Winter come
there with Mrs. Mills and her child; he looked at the
apartments for Mrs. Mills and liked them much ; he
agreed with the plaintiff's wife to pay 31. a week, tor
board and lodging for Mrs. Mills and her child.
This witness was cross examined at considerable
length by Sergeant Vaughan. The learned Sergeant's
examination went In impeach the character of the plain-
tiff's house, and the witness; hut nothing appeared that
was in the slightest degree injurious to either.
A witness, who visited at the plaintiff's house, proved
that Mrs. Mills and her child bad been boar!ei and
lodged there in July and August last.
The plaintiff's daughter proved that she saw General
Winter come to the house with Mrs. Mills, and look at
the lodgings—she never saw him after.
Sergeant Vaughan addressed the jury for the defence.
Gen. Winter, the learned Sergeant said, is a gentleman
of unsullied honour, and resists the charge because there
was no pretence for charging him. The action was
brought because the plaintiff supposed General Winter
would not have nerve enough to face what is called the
exposure of a court of justice; hut, if it were a just de-
mand he would not resist it, and being an unjust one he
was too brave to shrink from defending it. The learned
Sergeant put it to the jury, whether they would, on the
evidence they had heard, decide against the honour of
his client. _

Mr. Justice Park, in charging the jury, said, the de.
fondant might be a brave 111311, and a man of high rank
and station—all was very probable; but could the jury
allow those considerations to discredit the evidence they
had heard. The witnesses had passed through the ordeal
of cross examination, and had conic out pure, and he
could not see any reason for discrediting the evidence
they had given. His Lordship observed, that the sum
sought to be Rcovered was 161. 15s. ; but a small part of
it being money borrowed by Mrs. Mills, which General
Winter had contracted to pay, most be deducted.
The jury immediately found a verdict for the plaintiff
—Damages 10. 2s.

police.

MANSION HOUSE.

CONSTITUTIONAL ASSOCIATION.--Wednesday last
having been appointed for the hearing of the informa-
tions against the Constitutional Association, the justice-
room was crowded to excess immediately upon the open-
ing of the doors, and the greatest interest in the event
was manifested both within and without the Mansion-
house. At twelve o'clock Mr. Sharpe and Mr. Murray,
attended by Stephens, the solicitor, Mr. Gould,
and a number of other persons connected with the so-
ciety, entered the room. They were shortly after fol-
lowed by Mr. Thack ray, Mr. Parkins, and Mr. Hano-
ver, attended by several other individuals. Alderman
Waithman sat with the Lord Mayor, who ap,;cated to
have suffered considerably from his recent indisposition.
The city solicitor sat on the bench with his lordship.
Mr. Adolphus attended as counsel Mr Mr. Sharpe.
It was signified on the part of the pros.•cutiuu that the
information against James liulwonii Sharp would be
that upon which they would liial proceed.
The information was accordiogly read. It was that
of John Tyler, of the parish of St. Clement the Deno,
bookseller. It was dated the 13th of June, and stated,
in effect, that J. B. Sharpe had become a member of a
Society called the Constitutional A asocialion, the mem-
bers whereof did assent to a declaration not required by
law, and which Society was an unlawful combination
or confederacy within the intent and meaning of the
39th of Geo. the 3d.
Mr. Sharpe pleaded not guilty to the information.
Mr. Thackray addressed the Lord Mayor in support
of the information. He commented by saying, that his
Lordship had heard the inloonation, and that if the
forms proscribed by act of parliament were not complied
with, the words of the enactment against such societies
as that he proceeded against were sufficiently clear to
render it uniteces..ny to enter into any lengthened dis-
cussion upon Mimi. Before, however, be entered folly
into the ;s1.1160•1, lie would bt to d1.5C1.1 ini any know-

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ledge of personal hostility or animosity towards the mem-
bers of the association, to several of whom he was bound
by ties of friendship, and towards others by tics of dear
and near relationship, and he could not but severely
regret that. any with whom lie had the honour to be
connected should have placed themselves in such situ-
ations. lie disclaimed any other than those public mit.
lives with whicn every subject ought alone to be actu-
ated. Fur himself and his friend Mr. Parkins, he
could say that they were equally hostile to the propaga-
tion of blasphemy and sethtiou with any in the king-
dom, and they lamented that some abuses of the press
should give plausibility to such an unconstitutional
association as that against which they proceeded. It
would be objected perhaps, that the act under which
they proceeded only contemplated certain societies in
existence of the time of its enactment (which were de-
scribed in the preamble of the act), and that it was now
in fact oletoltne. He must have been a short-sighted
legislator, who in citrrecting present evils and abuses,
did not look forward to the prevention of future evils
and abuses. lle contended that the legislature had, in
the enactment, contemplated the formation of societies
whose professions were plausible and praiseworthy--
pretended assertions of orders and abuses—in fact,—
" Constitutional Association." He proceeded to con-
tend, at great length, that the existence of inner societies
would form no argument in favour of this, although
they might assent to declamations not required by law,
as they were excepted by the act, which was not in-
tended to operate against societies for religious and
charitable purposes.
The first witness called was Joseph Wilfred Parkins,
who was examined at great length, and stated that he
went to the office of the association, at No. 6, Bridge.
street, Black friars, where he saw Mr. Sharpe, who gave
him a paper containing an address to the public, and a
list of the additional subscribers.

Mr. Adolphus, in a speech of great ingenuity, com-
mented on the case, and the part of the information
which, he contended, was not supported by the slightest
evidence. The information was against Mr. Sharpe.
for having become " the Member of a Society, the
Members whereof (not Mr. Sharpe) did assent to a
declaration not required by law.' No such declaration
had been produced, nor any evidence to show mat
any such alteration had been assented to.—He con-
tended that it would be absurd to suppose that a society
like the Constitutional Association was within the
meaning of an act passed for the suppression of societies
meeting for " treasonable and seditious purposes," when
the very address" put in evidence as a " Declaration"
proved the contrary. After lengthened remarks, in
reply to the observations of Major Thaekray, he con-
cluded by calling upon the Lord Mayor to decide,
without regarding any of the threats of proceedings in
other Courts that had beets made use of.
The City Solicitor, alter consulting with the Lord
Mayor for some time, declared it to be his Lordship's
opinion, that the evidence did not support the informa.
Lion winch he therefore dismissed.
GUILDHALL.
FoROID Ftvz POUND No res.—On Friday a young
man, of respectable appearance, who gave his name
George Lee, together with a young female of genteel
appearance, who passed for his wife, but whose real
name was Elizabeth Brown, were brought op before Sir
J Perring, charged with uttering two forged 51. notes.
Frotn the evidence adduced it appeared, that the pri-
soners had Lakin: an apartment as married people, which
the pregnant state of the female seemed to confirm, at
No. 16, Frederick's-place, Goswell-street-road. In the
Course of Thursday last, they, in company together, had
obtained from Mr. I)owdney, of 105, Aldersgate-street,
tailor, a suit of clothes for the male prisoner, to the
amount of 41. 10s. and at the house of Mrs. Macfarlane,
of St. John-street-road, sundry articles of kitchen huni-
lure, value 11. lls. In both instances they had directed
the goods to be sent to the above address, with change
for a 51. note. When Mr. Dowdney's servant took the
clothes, he was shewn up into a room, where he saw
both the prisoners, delivered his goods, and received a 51.
note in payment, which on his return was discovered to
be a forgery. Some time was lost in looking for an
officer, and upon application at the house in Frederick's-
place, they subsequently learnt that the place had only
been taken that morning, and that the parties were gone
away. Lest this trick might not answer twice at the
same place, means were taken to countermand the deli-
very of the goods ordered at Mrs. Macfarlane's. The
niale prisoner called there again in about a couple of
hours, to desire they might not be sent, as they should
be from home, and that he would call again In this
interval a fresh lodging it seemed had been procured at
NO• 6, Lower Smith-street, Northampton-square, and
between eight and nine o'clock Lee again called at Mr.
Nlacfarlane's and ordered the goods to be sent to that
direction, stating as au excuse that they were intented
as a present. The goods were sent accordingly, but the
servant who took them was stopped in the street by the
prisoner, who reeeised the change, giving a Si. note in
payment. In both instances the prisoner had endorsed
the notes with the name " Mr. ThM1114011." ( )11 this
evidence, and that of Mr. Glover, the inspector, who
declared both die notes to be forgeries in all respects,
Mr. Maynard, the Bank solicitor, requested that both
the prisoners might be remanded, as he had othet
charges to prefer against them.
Sir J. Perring hesitated with regard to the female pri-
soner, there being no evidence to implicate her, beanies
the bare fact of her having been present at the purchase
of the goods, and of the utteriug of the notes in both
instances.
Mr. Maynard allowed that he could not call for a
final commitment upon the evidence alone; but, as he
had no doubt of being able to add other and stronger
evidence of her guilty knowledge, he trusted there were
sufficient grounds to warrant the magistrate in remand-
ing her for another examination.
fhe prisoners declined saying ally thing in their
defence at present, and were accordingly remanded for
a week.

WM