The National Register.
London, England, 1820-04-16 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH, GUILDHALL.

arrsii, solo, •ED CO., T. THE HIPERIAL •SEUR•ECII

sod IT V.

This was an action on a policy of insurance uninst fire.
and although it occupied the Court during three whole days,
we believe as can Won lines inform our readers perfectly as
to the only material point in question, which was, whether
the plaintiffs, who had effected an insurance for 7,5001 on
&sugar house, at a tremendously hazardous premium of 14s.
percent. (the cowman rate of insurance being but ga. per
neat,) had vitiated their policy by reduciog the risk atten-
dant ou their operations in the proportion of about three
serentbs. It appeared iu evidence, that at the time of
effecting the insurance the sugar was placed in a state of
fusion hy the heat of bulling water. contained in pipes,
introduced by repeated circles into a body of raw sugar.—
It was subsequently found that the iutruduction of oil in a
state of warmth comparatively less as three and a half is to
six, would have the same effect with a decrease of danger.
Mews. Severn, King, and Co. adopted the improvement,
• and because they did so, without apprising the Imperial
Assurance Office, their right to recover, • Ire having
occurred, was disputed by the Directors of that office.—We
bad hoped that the signal punishment that recently visited
another office, by the total destruction of their Metropolitan
Polices, and a general distrust and incredible diminution of
their Provincial Insurances in consequence of the generally
litigious disposition of the old dotard who was allowed to be
0' a power above the law," would have had a good effect
upon the respectable offices, and have taught them that
netaing was so destructive of the confidence that should
always exist between the insurers and the iusured, as an ap-
peal to legal proof, where legal proof cannot is one instance
oat of a hundred be produced; in the present instance,
however, proof sufficient was found to satisfy the Jury,
and though we well remember bearing the late Lord Chief
Justice, who, thank God, is gone to his account, where he
may meet more mercy than he chewed here, declared (and
we believe it was good law) that a man was not bound to
receive a benefit if be did not chute it, yet the Jury in the
ease we now record, decided that the policy effected by
Messrs. Severn, King, and Co., at 14s. per cent., was not
remitted null and void, because they had reduced the risk
of their insurance in the proportion of nearly one third—
the Jury therefore returned a verdict for the whole amount
of the polity, and we hear, and we hope correctly, that the
other offices who have deputed the claims of the same house
on the same grounds, and who by some superior generalship
have prevailed on the Imperial Office to be their rat's paw
of experiment, will bow to this decision w itheut subjecting
themselves to the odium that may attend their coming into
Court.
We eanaot gait this subject without mentioning a siege-
larity attending one office with which we are totally uncolo
wend (excepting as far as the fact we are about to notice
has influenced us, which is simply so far us to cause us to
hewn ~offices and private residence iu that office) we
Nan the Coyote Orrice, and that is, that since its
establishment, a period of more than 90 years, it has not had
a single instance of litigatiou—sis example and boast which
e should advise all other offices to cordate.
, BRIDGMAN, Y. IMAM.
TM* was an action brought 'by the plaintiff, Edward
Bddgeman, the patentee of the iron coffin, to recover
from the defendant, Jobn Buzzard, one of the church.
wardens of the parish of St. Andrew, Holborn, a com-
pensation in demises for false imprisonment.
Mr. Chitty opened the pleadings. He stated, that In
Jane, 1818, the defendant had caused the plaintiff to be
imprisoned on a charge of riot and disturuance, fur which
the plaintiff now sought to recover a compensation in
damages The defendant pleaded—first, that he was not
guilty, secondly. that lie was a churchwarden in the
pariah of et Andrew, and that the plaintiff brought a
body in an lion coffin to be buried in the church-yard.
and the defrost:on requested 1 • to impart; that the
plaintiff reliised, amid incited a riot, and that he was taken
into custody, and brought before the Lord Mayor.
Mr. heaelett addressed the jury for the plaintiff. The
objget of the defendant is this case was to establish a I
wen crime—a crime, with llir existence of which, lie
believed, the nentlinicii of the jury aces totally mine-
Tainted. It was the clime of bringing a body in an
iris) cornett and the question which the jury had to try
wati Wileibri by the laws of the land this was a crime ur
not. For his uwii part, lie never heard there was any
crime of slw kind. It was certaialy, perliTtly true, that
the pleilitiff did tiring an hurl coffin to the church.yard set
St. Andrew's s and that the defendant refused to admit
the corpse when it arrived at the church yard. The
question Ilieretose was, whether this was ass offence
which could justify a churchwarden to coinissit a person
to custody in the Compter, mod to detain him throe till
twelve o'clock the next day. As far as he knew, be had
DO right to readopt our such get:muds, The atik4,l,
therefore was to recover damages for being kept he psi-
soa without any patience, and justification iu law. tie
bad no doubt that the gentlemen of the jury would show
that a mall was not to be imprisoned with impunity, %Dh-
ow any charo. 0111411 could justify the imprisonment.
John Cow, a mourner at the martial of Mrs. Gilbert,
John Gillis'', ills person whose wife awl brought to be
buried, Deykei, an attorney. JUDOS &MUMPS one
of the bemires, and Benjamin Hawkins, wise culled to
prove that this. coffin was brought to Si. Anus ew's, church
on the 1(1111 of Julie; that no riot bad been enniumt:cal
by the plaiiitiff : and that the plain:if was committed to
the Conspiet atom nine o'clock on the sveinne of the
tenth of June, anti detained there till 12 o'clock the nett
day.
William Berevford, the clerk of the sitting aldes titan,
was then called to prove: the charge preferred iseluie
the magistrate at Guildhall.
Cornelius Smith, John Hicks, sexton of the parish,
Oeorge Corley, beadle, Juba Monocles, Charles Richard
Saviguy, beadle, Robert Smell, and Alexaisder Wilson,
parishioners, were called to prove that the plaintiff had
Ikea godly of riotous conduct.
Mr. Starlet? replied iu au eloquent speech.
The Lwrul Chief-Justice oleo., red, in summing ttp the
evidence, that the defendant was a elms-choirs den, and,
as sorb that his jurisdiction was confined to the (intuit-
yard. The question on which the case turned was, atw-
itter the plaintiff was, at the time he ass Neat to the
Comptrr, making any di•iiii Mince ill the cli-y Al ti,
or inciting others to do so. Ihe jury would cosilii.r
themselves to the evidence. and not allow thrinselsts 1U
be carried away by the eloquence of the very learned
counsel they had new heard. Much had been said on the

TUE NATIONAL REGISTER.

subject of interring in ,roo cotho., hitt 11141 Ham x subject
enitrely of ecclraixtatexl, anti out of frolooial eugili-
71111CIP.

The jury returned a verdict for the plaintiff—damages
1001. cost• 40a.

LIBEL -CLEARY V STODUART.

This was an action brought by Mr. Cleary, the advocate
for Reform, against Dr. Stoddart, F.llwAril Q and
---- Mitchell, editor, p • .r, and publisher of the
Pim Tune, for the ptilitica'ion of An alleged libel. The
declaratiou eliarced the Jrlrud»uts with publishing iu the
above raper, f the 2811, of November, 1818, a letter,
imputing that the plAintitt lied siren guilty of a crime nut
to be inertia 4444 eil, &e. The letter was addressed to Sir
Francis lino amt. and signed HAtiry Hunt.
Mr. Brougham, on the side of the plaintiff, stated the
case to the jury. He described the libel to be one 01
great malignity, calling on the jury to give damages. Ii
exceeded in sting any thing of the kind lie had ever ex-
perienced. The plaintiff WWI a young man, a respectable
Member of the Law. He was a Conveyancer, and one
of the Members of the Inner Temple; lie aas in that
situation likely to be known to th, Editor of the " Noe
Timer." Mr. Cleary was an It isliman, and it was almost
unnecessary to remind the jury, that the crime with
which lie was charged was unknown to the natives
of Ireland. He was charged with practicer so vile and
unnatural that Mr. Brougham could not enlarge on them.
He understood it was to 1w said of this coarse libel. out
it was Mr. Hunt's libel, and trot Dr. Studilart's. Admit-
ting it to be written by Hunt, it would be no answer in
law to the action. Mr. Brougham concluded by call-
ing
James Mallison, from the Stamp Office, who produced
the New Times of the 28th of November, 1818. The let-
ter of Hunt was then put in And read; it was dated the
flu of April. It began by coinplaining or the conduct
of Sir Francis Burdett, at the Crown and Anchor Ta-
vern; then alluded to the letter from Colsbett, and ac-
cused Mr. Cleary of forgery. He called hina 10 the
name of rr the kept man-mistress."
Mr. John Wright said, he bad known Mr Cleary for
some time. He knew there was such a person as Henry
Hunt. The letter which Mr. Chary was accused of
forging was written by Cohlrelt. Cleary and Hunt had
been writing letters to each other.—He never heard it
said that Mr. Cleary was living wills it prioress
Mr. Scarlett then addressed the Jury for the defendant.
The alleged libel was not written by Dr. Studdart. it was
Mr. Hind's libel, and the plaintiff had omitted bringing
his action against Mr. Hunt for the sole pa.rpow of press-
ing heavy damages against the New Times. As well might
Agamemnon, Achilles, and uther.Drecian heroes, com-
plain of old Homer (if tire parties were living) for libels
uttered against them by Thersites. Nina was the
person of whom the plaintiff ought to complain, and not
Dr. Studdart. Mr. Searlell than contended, that the
meaning the plamtiff had rifted to the letter was a false
construction—the words kept mats mistress implied that
the plaintiff was admired by ladies, and in the habit of
receiving pecuniary gifts from theta. Dr. Stoddart at'
tithed no other meaning to the letter; lie would have
been the last nun to publish the letter lied he supposed it
would convey arty other ineanin, The charge the plain-
tiff endeavoured to set nil never was made. He contended
that the Jury ought in candour to find a verdict fur the
defendant. _ _ •

The Chief Justice summed up the case, and said, he
was of opinion, kinking at the declaration, that miles". the
Jury were a opinion it was the intention of the Editor
and Publisher of the New ilms• to impute to Mr. Cleary
unnatural practices, the defendants must have their veg
diet. The plaintiff knew the Artier to he welter') by
Hunt, and it cuspid not be dim:rinsed that he preferred
bringing his action against the Editor of the Paper, rather
than against Hunt. Under all the eircinindasires, the
Jury had to ask theinselves whether she meaning was that
winch the plaintiff bad imputed. If it was. the plgintiti
well entitled to their verdict, and they would give
such damages as the ease required.
The July retired flocs the box at four o'clock, and at
six o'clock dent a letter, stating, that they could not agree.
.1 he Inter was read lry the Judge Avwciate, who cu aaaaaa
ideated to the parties. One pally was willing to with-
draw a Juror, out the other would nut, and a C01111111BUICil•
turn of Will tact was SIM& to the Jury. Alter sight
o'clock the Jur came iota Court, and found a verdict fur
the plaintiff —thrinagrs 1001

MAGENNIS AND BRUCE.

Bruce, it is still expected. will not be executed.
The firmness which he displayed on receiving sen-
tence, still remains to him. Placed in the awful
situation in which be stands, no man could behave
better. He imputes no blame to those who doom
hint to death, but lie calmly declares, that, sustained
by conscious innocence, his solitary cell nas no hor-
rors ter him. His spirits, he says (he knows not
how it is , are good, and OA is ever with him. He
speaks of his execution, not with levity or bravado,
but with perikt calmness, and humble resignation.
—Here a strong interest, nut a factious one, is ex-
cited for him, u petition is preparing to be presented
to the Judge in his behalf, which, it is hoped,
added to the several circumstances which have ap-
peared in his favour, and the propriety of his con-
duct on the present omasion, will save him from
the fate which he at present anticipates.
The fiirtitude which Magennis exhibited on his
trial has altogether forsaken him, and he now
appears profoundly penitent. He is busily em-
ployed iu writing a memoir of his life, which ke
places in the hands of a Mr. Keeling, and which
%%ill, with copious notes, be published as soon as the
execution is over. Mr. Keeling. who has seen him
ut differen. periods during ins confinement, says, that
Magennis is a man ut strong capacity, and that he
has ev.dently read, with attention, many theological
and metaphysical work►. Upon his first confinement
lie A:owl great sanetioy, and said, that he had been
a class-leader of tho Methodists; subsequently, how-

1 fl'i

ever, he declared that he had been all the while
masking his real opinions, and vehemently denied
the existence of a God and the possibility of a future
state, which tenets he maintained with the greatest
firmness •.tntil sentence had been pronounced. He-
had an interview on Wednesday with Birch, at
which he said, " Birch, I intended to shoot you ;
but the ball which wounded you was intended for
Mr. Lloyd, of Stockport," the agent tiff the prose-
cution. He then rdded, " I merely considered you
both, as troublesome people, who stood in the way,
and interfered with my plans; and the sooner you
quitted the face of' the earth the better. But then
I thought there was no heaven, nor no God ; but I
have wme to a belief now, and I would not wmmit
a murder for the world."

The following letter has been addressed by Ms.
gennis to Mary Jones, Union Street, Stockport:—
" April 11, 1810.

" DEAR FRlENna.—This comes to take my la•t fare-
well of yon all,and I hope you will look nu my last dying
words of advia is the last, yes, the last of all. My friends,
you all know well that my principles has been the cause
of my death. You all know that I have denied the Nuns
ream ds and punishments due to Pies. Yes, strove to
make as many Intidels as I could. You have been eye-
witness So my tearless principles. You know tlrat I
feared neither God or man. My dear friends, lam happy
to think that lam hear. I hope it wdi be a blessing to
bulls you and use: let sheer words I am going to lel. you,
streek your kart and soul with delight, and when yon hear
them believe it is trite. I will tell you ad Wait), now.
After I was sentence to death I come ..sit of use Court
laughing, thinking I would be snow quiet. Thinking that
built soul and holly would be 1100 u tivaii, 111 that;
grieved me was to think that a innocent 111.111 should
suffer for my transgressions. My drat blend., 1 come
into my sill, and in a little after a ma . souse into -
me, and begun to speak to me about my soul. I laughed
at him. He asked to puny by me, hut I told him I
wanted no priestcraft about Inc. He reasoned very
fatly, and said he was no priest, and got me to consent
to kneel down; he prayed and pointed out Christ to me
home. I have oftentimes denied in such a manner that I
begun to have a doubt of my owe principals. After he
went oust of my sill, I Heeled down at any bed side, and
asked God for pardon, if I was sorry, and begged for
the truth. My dear friends I said no snore, fur I was
speechless. I fell down on my fece.to the grownd f and if
ever Christ was revealed to man, he was resealed to am.
I see the necessity of Christ. I see the suture rewards
and punishments. I seen as it were Hell gaping
fur me, and all this time 1 did not speak a word.—
deluded that slay ins the ground, for I dare say au hour in •
I was seized wills such a horror to think I hail been so far
such a state of outdoes* as was most shocking :so see;
the tears run down my hardened cheek 1 I tied and
groned, and seed ■ll my NOS before sue. So say dear
friends. rejoice to think that God has hero so kind to
me, to reveal himself to such a Rawls at this bud nears.—
My deter friends, trifle no longer. !walk to me. Look be
yourselves. Disbelieve no longer. Pray to !bid sincerely.
for the truth. Pray fur me, and think it a blessies.; that I
ism going to everlasting happiness. It you iiiiiuk of coming
fur my body again &thlrdny, I •eould wish yea t.i bring me
some old close to be executed in. I could /*WI you to have
my close to i keep them in remembrance of ine....ami when
yea see them think on Ines Dont gsieve for inv. Rejoice
for my desense, and think of meeting sae sit evert/Wing
bliss. You will have one thin; to do for sa.•, and Joist fail
to do it, and that is. to pay Andrew atatisen the sem of
thirty shillings. Yea may pay tbeni as yen rouse. He vide -
take it at a shilling a tissue. Then my friends, I will dy
happy. I send my. love to Mary 6,4lamore, und a. the other
two men. nod iu all my friends, hush sm II stud great. and
ashes perdue of those I have led astray by my false doctrine.
SO Wise, adue, remember me.

"JACOB MAGENNIS."