The National Register.
London, England, 1821-11-18 00:00:00

TIIE SING V. MARY ♦NN CARLILE.

Mr. Gurney moved the judgment of the Court on this de-
fendant, convicted at the sittings after last Term, at Guild-
hall, for publishing a blasphemous libel against the christibn
Mr. Justice Best having read the notes of the trial—
Mr. Henry Cooper then addressed the Court. Hassid he
had a few observations to oder in mitigation of punishment.
Nut one word should drop from him which might have a ten-
dency to revile the holy seriptareF. No man had more res-
pect for the established religion than himself. He was
anxious first to remind the Court, that the family to which
the defendant belonged, laboured under much odinm, :tad it
was almost impossible to separate prejudice from the ease of
the defendant. He never could condemn the religious opi-
nion of any one. He was only the adversary of that moral
monster, Hypocrisy. A tolerant religion could never jus-
tify severe punishments in cases of irreligion. The difficulty
was to oppose superstition. Religion, he was persuaded,
might be ably defended by its profesrers, without legal sere.
lily. He could tell the Court, in mitigation of punishment,
that some of the greatest divines had deprecated there pro-
secutions. Dr. Porteus was one ; Dr. Watson and Dr.
Lordlier had also expressed disapprobation of severe pro-
ceedings in cases of this sort. He had no affidavits to ode,,
and lie trusted lie had said nothing to injure his client. She
nos a female, unable to bear punishment, and the Court
niu,t clowiler that she was under the cuntroul of her brother.

Mr. Gurney said, that the defendant was acting u;
siu-
cerity of feeling lie did nit believe—sorihd interest, and con-
tempt of the established religion of the country, were mixed
together. Not only the defendant, but her brother stud
family had gone on setting the law at defiance, amid the
Court had to decide, by the punishment they were called
upon to inflict, whether such contempt of the law wits to go
on to the disgrace of this ;;rest metropolis?
Mr. Marriott followed Mr. Gurney iu support of time pro-
secution, and
Mr. Justice Ilay, ley, delivering the judgment of the Ciotti
on the defendant, said—" Mary Ann Carl tie, yogi are to re-
ceive the sentence of this Com t, after having been found
guilty by a Jury of your country of puhlishing a libel w bleb
impeaches the Old and New Testament. In this country
every ;Hawn is Witted to form for himself any Isiligious opi-
nion. In the cause of a ♦ery discreet and able udder.',
made by the gentleinon who conducts your cause, he I am
happy to hear considers your opinions Its erroneous, surd 1
believe every person 110 gives the subject n careful exami-
nation will come to the same conclusion. I say this because
it has happened to my•elt to investigate and examine, and
the result is a conviction oil my mind of the authenticity of
hilly scriptures. The Court does not think a libel of this
kind caleulate.l to 0%41 turn religion-111.y believe religion
to be so lirmly rooted in the heart of man that nothing exit
shake it. Persons whim sue able to examine will not have
their faith shaken i limit haw many prl sults are there Si too
niny have their pit:l(.4l4s destroyed and their minds poisoned/
The Court acts on the principle of protecting these persons
who are incapable of protecting themselves, It appears you
are of a family on which, unfortuoutely, the judgment of
this Court has been passed, yet nothing seems to deter them,
the contrary punishment seems an encouragement. The
Court, taken; tutu roosiderat' all the eilcutostant es, doll'
order and adjudge, that you pay to the Crown a floe of 5001.
be imprisoned iii D:11 ch. star gaol one year, and at tlw expi-
ration of that lime Kis e sureties for seven years, )ourselt nil
10001. nod too *III4IIV, ill 1001. each; and that you be im-
prisoned until the time is paid and security given.
'f he defendant was then taken out of Court in custody,
CRIMINAL INFORMATION.

Mr. F. i'ollock applied on behalf of the Mayor, Alder-
men and liargesw. of Bel nick-ulosii•Twerol, to tile a crouti •
nal iiihorneation ajoilat seveii persons, who had riotously dis-
turbed the prateedingl of the Guild of that town, and
a'ts:•ullyd the tuwu clerk. The Court granted u tole to 'thew
Cause.

Tim KING V. DAVID GRAVE% DAVY AND S. A. SNOWDEN.
The defendants, oho en: ried on business at Pl) 1111 l uala
Dock as merchants, and became bankrupt,. weir hataglat
up to receive judgment, having suffered judgment byldcht-11
in a prosecution for perjury. They were charged o ails
mewing falsely, in order to sue out a wait and finest one
%Van. Davey, to whom 11141 were ii.o,•loed to a large amount
upon a bond. After the proceeding hail born rend, *loch
occupied the Douai a colisiderable fame, lime defrodaul plot
iu allidavdi, Mid Ncle us diced to be ba ought up again au-
W.

-

_

-

-
Mr. Pitt, the surveyor, applied, at the rising of the Court,
for leave to move for a 111111140011118, calling upon li. Morrie.
Judge of the Palace Court, to correct an erroneous view
taken of the I hw, in n charge which he made to the Jury, in
a cause wire.. in Mr. Pitt wan plaintiff.
The Jird;,es Bayley and Be,t told him no manditmu•, under
such circumstances, credit be granted, and that he was quite
In error if he supposed the court could compel any Judge to
revise his charge. The application was refused.
COURT OF COMMON PLEAS.
MONDAY, NOV. Id.
seveen V. OLAVE.
This was an insurance cause which had been flied be-
fore the Chief Justice at Guildhall, when a verdict was
found against the defendant, who represents the Imperial
Insurance Company:—there were two actions against the
Imperial, stud two against the Pit,. nix Insurance Compa-
nies, arising oat of the loss sustained by the same fire, and
to he decided by the sante evidence; but after the verdict
fur the plaintiff in the present action, the defence of the
others was given up.
Sergeant Bullock, on the part of the delendant,obtained
a rule to 'Mew cause why the Postmaster should not review
his taxation of the pleintiff 'a bill of costs, and disallow the
twits of experiments made by witnesses to enable them to
give evidence in the cause, and also allowances made to
them for their loss of time. It appeared that the sum in-
sured was 70,0001. and that the cost of expel iments made
by the plaintiff's witnesses was 3,0001.
Sergeants Lens, Vaughan, and 'faddy, spewed cause
against the ride. They contended that the case was
wholly new, the MAW question on the trial being, whether
the tire was occasioned by the use of a new patent process
for refitting sugar by the use of heated oil, and for the
purpose of ascertaining this point it was necessary that
the experiments should be made, It was also the practice
to allow scientific men tor their loss of time, as loss of time
to them was loss of profit.
fielgeent Bullock, fur the rule, contended that the
plaintiff had no light to charge the cost of an expensive
education, which lie had thought proper to give his wit-
nesses, t. prepare them for giviNg evidence; if he had,
lie might by time same rule have scut them to the Univer-
sity. It was also decided, that no witnesses should be
allowed for loss of time hilt attorneys and surgeons.
The Conti applied to the Pruttionotasy, to know whe-
ther physicians were usually allowed fur their loss ut time,
and at what rate.
The Prothonotary said, physicians were always allowed
foe their loss of time, when attending to give evidence
since tire allowance to attorneys had been raised to two
guineas a day, he allowed physicians and clergymen the
sante.
Being asked by the Court what allowance he made to
bat risi es it, he replied, " My Lords, I never allowed them
more than one guinea a day."—(A great laugh.)
The Piothonotary, in explanation, said, that since the
allowance to attorneys was raised, tie had never had occa-
sion to tax the allowance to barristers, or he would have
allowed them the same.
Thu Court, atter some consultation, decided that the
Ps othosimary should review his taxation, and that he
should out allow any costs for experiments tried by the
witnesses, but that lie should allow two guineas a day for
the time of physicians, but nut for that of any other wit-
nesses who were examined in the cause; and that he
should divide the costs equally between the Imperial mud
Phtu mix Insurance Compauies.
isixatag v. ?ELTON.
This was an action of Osier tried at the Sittings at Guildhall,
to recover the value of certain goods seized by the defendant in
a distress for rent, in which a verdict was taken for the plaintiff;
subject to the decision of iho Court on a case, which was alter-
wards turned into a special case for argument, and now came on
to be heard before their Lordships'
Before the case was gone into, Mr. Serjeant Lewes, who was
for the defendant, said, that possibly there might be no occasion
fur going through with it, as the plaintiff' had dual since the
amimencement of the action.
Mr. Serjeant Marshall, who was for the plaintiff said it was
quite common in every day's practice to have the opinion of the
Court on a ease where either of dm parties died between the
verdict and the judgment.
The circumstances of the present case were these : In IHIO,
Mr. Garnett, the plaintiff, who was a bontbazeen manufacturer
at Norwich, sent a quantity of goods to a person named Milne,
who was his factor in London. Ile forwarded with the goods a
regular invoice, and drew upon Milne a bill fur 2001. on ac-
count, which was regularly accepted, and sent back to him in
the country. The plaintiffgot the bill discounted at his banker's
at Norwich, but before it became due Milne died, and on becom-
ng due it was presented at his late warehouse by the banker's
agents in London for payment, but was sent back dishonoured
and protested. The plaintiff then demanded that his goods,
which he had placed in the hands of Milne, as his factor, should
be returned to him, which, however, was refused by the plaintif‘
who had distrained upon them for the rent of the premises where
they were deposited, which had been let by him to Milne.—
The question therefore for their Lordships to decide was, whether
goods belonging to a third party while in the hands of a factor
were subject to distress for rent.
Mr. serjeant Marshall, for the plaintiff, laid down a position,
that goods delivered to a third persons exercising publicly a trade
or business to be by him carried, wrought, or managed in the
way of his trade were not liable to distress for rent. In support
of this position he cited a vast number of cases, and contended
that the object of this exception against the general right of the
landlord, was the benefits of trade and cummerce; that the pre •
sent case cane! within the principle of that exception ; and that
the greatest inconvenience minks result to the extensive trade of
this country, ifgoods so placed were not protected by it.
MeScrgeant !.awes, lin die defendant, said, Isis learned brother
looked to die inc.onvenience to trade; he, on the other hand,
would have their Lordships to look to the inconvenience to tile
landlord, who had a no less important interest of this abridgment
of his rights. The landlord had a prima Judeti right to distrain
upon all goods found on his premises, which were assumed by
the law as his. There were, however, he admitted, exceptions to
this right, which were goods at an inn, or a wharf for carriage,
Or goods at a weaver's or a teilor's,or other artisans to be wrought,
The ground (tithe exception, he contended, was the necessity of
placing the goods in the hands of a third patty, to undergo some
pnvess or manufacture, which was not the case with goods in the
hands of a factor, which were only there to be sold. Why did
not the owner ur manufacturer sell them himself? If he did not
elloosz to do so, lie must submit to the inconvenience of his own
seeking, and share in the risk to which all under-tenants were
sit'iject.
The Chief Justice said, the rii,ht of the landlord to distrain for
rent was clear in point of law, and the rule was to take all that
inland on the preini,ei retina filth. as belonging to the landlord.
But this, like every other general rule, had its exceptions, and
the question was, whether the present case came within the scope
of the rule, or fell under the exemptions? The foundation of
the rule was the principle of public convenience in die prevention
of thud. 'r he principle the execptiuns was very clearly laid

• -

'y e7.'

••••
+/*,
THE NATIONAL REGISTER
*MOM* . ••

&mead all were in favour of.public convenience in trade, and
no Jo him to apply much more strongly in the case of a factory
&SI any other exception. Deciding upon this case by analogy
hail general principle, it appeared to him not to be distin-
giblille from the case of goods sent to a warehouse, or an Mu,
or a wharf, all of which were admitted exceptions; and without
applying himself to any other ease, but simply to that which was
before the Court, he should say, that the goods of a third party
in the hands of a factor axe not liable to distress for rent.
Mr. Justice Park, Mr. Justice Butrough, and Mr. JuAite
Richardson, concurred in the opinions which had been given.
Judgment was accordingly entered for the plaintiff.
WEDMILSDAY, NOV. 14.
The Court sat until twelve o'clock, and several common
motions acre deposed of, after which the Chief Justice sat
at Nisi Friar. The following was the only defended cause.

PEARSON • 14011/111/11LD.
This was an action under the Pilot Act, to recover of the
defendant, who is a waterinan, the penalties for acting ua
pilot in piloting a vessel down the River Thames. be not
being duly licensed and certificated ns a pilot.
By a clause in the Act, collier. and vessels trading to Nor-
way, the Cattegat, and the Baltic, arc excepted from its
operation, and the vessel iu question being bound oa her
voyage to St. Peiersburgh, notwithstanding that the defen-
dant was neither the master nor mate, nor beloneiug in any
to her crew, there was no ground for sending the case to a
jury ; and a itonsuit aas accordingly mitered.
Mr. Sergeant Lens, who was fur the plaintiff, them stated,
that the of ject of the action was clearly i 0 establish time
CitiZ as within the exec piton, with a view to na application
to Parliament fur some alteration in the regulations of
under the Act.
PAIN V. WOODROF.
Sergeant Vaughan for the plaintiff had obtained a con-
ditional rule, calling on the defendant, who is Warden of
the Fleet Prison, to skew cause why au attachment should
not issue against.
Sergeant !Asset now skewed cause against the rule.—
' It appeared by the affidavits that a person of the name
of Nicholas Farre lied been confined in the rides of the
Fleet at the suit of the plaintiff, and that an Order of
Court had been served Oil the defendant's deputy, to bring
hint into court on the last day of Trinity Tenn, to be
charged in execution, which order was nut obeyed in
consequence of the prisoner's not being to be found till
after rising of the court on that day; At which lime the
Warden's deputy, in consequence of non-appearance
when called on, refused to allow hint the privilege of the
rules any Wager, and c.,iifiued him within the walls of the
prison till he was released under the Resolvent Debtor's
Act.
Sergeant Blisset contended, that as the plaintiff hail
not sustained any lows in consequence of the order served
on the defendant to bring up hit prisoner not being
obeyed, lie was 110 i entitled to any damages.
Sergeant Vaughan, for the plaintiff, very earnestly
contended, that as the defendant granted the privilege of
the rules at his own discretion, and for his own emolu-
ment, and always took security for the prisoners being in
readiness to obey the orders of the court, lie must be held
accountable for every act of disubedience, and would of
course be indemnified by the security be had taken.
The court, alter considerable consultation, raid it did
not appear that the defendant had used due diligence to
bring up the prisoner in obedience to the order of the
court; it was therefore proper lie should suffer in some
degree fur his neglect ; but it was quite manifest, that
had the defendant obeyed the order of the cowl, the
plaintiff would not have been benefiited. as the prisoner
would have been equally discharged under the lasulvent
Debtors' Act, and it would be too much for the court to
say, that the defendant should pay the plaintiff's debt,
when his conduct had by any means contributed to its
loss. 'llia juJgotent of the court therefore was. that the
rule obtained by the plaintiff should 1-e discharged, and
that the deleudaut should pay the costs.

A Midnight Robber Kiitcd.—On Friday a Coroner's
impiest was held at Shithiall, Shroi.shire, on the body
of I'. Pooler, who was shot in an attempt at robbery.—
It appeared in evidence that the shop of Mrs-Austin,
of Shiffnall, having been several times robbed very re-
ceittly, a friend persuaded one of Mrs. A's daughters to
scatter some meal round the front doorway, in order to
ascertain whether access was made by that entrance.—
This plan was adopted on the 29111 ult. and next morn-
ing it was clear that some person had entered by that
way ; that the lock of the shop door had beets forced,
and that the robber had retreated the saute way, fasten-
in; the door after hint. Ott We .kiesday night last Mr.
Dunbar, with Mr. Edmunds, printer, and Mr. George
Austin, reitianed on the watch; and about one o'clock
uu Titursday morning a person to a smock frock com-
menced opening the door, and this took him nearly an
hour and a hall to effect, when he entered the shop, but
went out and returned again. Mr. Dunbar immediately
seized hint, but Mr. D's arms coiniug iti contact between
the upper and lower part of the door, which was in his
hand, he was obliged to louse his hold before Mr. Austin
could get out at the passage door to seize the robber out-
side. The man ran off, brit Mr. Austin came up with
hint mar the house of Mr. Foulkes; a scuttle ensued,
and the robber's frock tilting nearly through, he again
got loose. lie was however, pursued by Messrs. Austin,
Dunbar and Edmunds. Wing now without his smock
frock, hat, and shoes, he gained ground in the pursuit,
upon winch, Mr. Duitbar called out to him to stop, but
this challenge to surrender being disrezirded, Mr. I).
fired a piii.or at him, the ()All from which entered his
1 back and passed direct through his heart, not tat
ing which the unfortunate man further ran with great
speed down the Jerntingham Arms 100-yard, over the
bridge, and half way towards the church; he then fell.
Mr. D. ran for a'sorgeon, but the man never spoke alter.
its his pocket was found a picklock ; and he was known
as a vagabond. The Coroner's Jury returned a verdict
of " Justiliable

An accident occurred to the Hon. Sir Charles Paget,
iii the evening of Saturitay se'itirigirt, at Deal, which
threatened unpleasant consequences. Sir Charles having
arrived to relloist his broad pendant, was desirous, not-
withstanding the gale, of going on board, and, accont-
Luded
by his bromer, the Hon. Berkeley Paget, em-
barked iii his boat, which was soon after swamped. Hy
good management no ill consequence ensued beyond a
thoronli wutting of all that were in the boat, with their
1.411.2'-zaae, &c.

381


A glaring instance of military interference occurred
lately, which we should have mentioned at the time we
first heard of it, had we been convinced of its authenti-
city. The Expedition, new post-coach bretween Leeds
and Newcastle, was attacked at Gateshead Fell, by several
of Lord Ravensworth's troop of yeomanry cavalry. These
men appeared to be in a state of intoxication. They
rode full gallop with drawn swords against the coach,
and had it not beets for the 14 glorious uncertainty" of
hitting what they aimed at, which a situation like theirs
generally causes, there is every reason to believe that the
vehicle would hare been thrown over. We understand
Lord Ravenaworth has himself expressed the strongest
disapprobation of the men its question. Though we are
glad that his Lordahig has done so, we cannot help de.
ploring the frequent recurrence of such scenes.
Daerumtut. STuems.—Friday and Saturday se'nnight
the neighbourhood of Myford, Montgometyshire, was
visited by an inundation more sudden than has been re-
membered during twenty-five years. From Penylion to
111vfod the water rose to the height of nearly four feet ;
and at the latter place the houses were inundated two feet
deep. A farmer, named Griffith Evans, formerly of Po-
niarth, left Llanlyllin on horseback, on Friday evening,
and was found drowned in the flood, a short distance
Irom that place: it is supposed the unfortunate man was
in liquor. Tile rapid rise of the Severn at Shrewsbury
was extraordinary. On the coast of Wales, many acci-
dents at sea occurred during a dreadful gale of wind from
the north-west. Several fishing-boats on the Carnar-
vonshire coast were lost. Three fishing-boats were
upset near Petimaen Mawr, with five men in each, who
were all drowned. In one of the late gales, a herring.
boat belonging to the New-quay, Cardiganshire, was
lon, and the master (John Evans), his two sons, and
three other persons, unhappily perished.
HIGHWAY ROBBERY.—On Saturday night last, as
Mr. Bruce, of Grey's Walk, Lambeth, was returning
home from Westminster, he was surrounded by four
men from the Surrey-lodge, near the corner ofliork-
p:ace, Lambeth, two of whom seized him by his arm,
while a third rifled hfs pockets in front, and the fonnli
his coat pockets behind. After they hail leisurely turned
his pockets inside out, and secured the contents, con-
sisting of SOIIIC silver, a watch, a purse, and some papers,
they decamped with their booty.
An accident occurred on the Marino-parade, Brighton,
on Monday the 12th inst. which had nearly been fatal
to the parties. As a gentleman was driving himselfand
lady in a Whiny, the horse started at the sight of one of
the flies, as it was carelessly drawn across the road in
front of the horse, and turning quickly towards the radd
that overt g the cliff, he gave a sudden leap intending
to clear them. Providentially, however, his fore legs
came to the ground close to the road-side of the rails,
which, Adm. strong, must, but for the timely arrival of
assistance to release the parties front their perilous situ:.
dots, have given way under the pressure of the horse's
weight, bearing as it did entirely upon ascot. We
should display an indifference, we hope foreign to us,
did we omit recording the courage and intrepidity this.
played by the lady on this occasion, who, notwithstand-
ing inunediate destruction was inevitable, laid aside all
selfish fear, and scented only solicitous to save her hus-
band, whom she dragged into the gig, after he had beets
, deprived of his seat by the sudden jerk, and who must
have fallen out had it not been for the presence of mind
and dauntless conduct of his fair preserver, who neither
sh.ieked nor swooned.

Smoot tia• ACCIDENT.—On Monday afternoon last,
about one o'cock, a little girl, about two years and a half
old, named Jane Morrir, who was placed out to nurse
by its mother, a servant in a nobleman's family, to a poor
woman in New Compton.st reel, St. Giles's, strayed away
from the door of her house, and the poor nurse was -
fling, a:tout the streets in a state of despair in search of it,
when she was met in the street by another woman, who
was hastening to tell her that the hour infant had strayed
iuto Dean-street, in Ozhird-street, when in crossing the
road site slipped down, and a coal waggon going by at
the time, the fore wheel passed over her chest facture the
waggoner could stop the horses, and the infant was taken
to the hospital and died soon after. The body uow
for an inquest.

Block-tin pipes have been lately made by a brass-
founder, of Edinburgh, which promise to be of great
utility for the conveyance of gas. and for other purposer.
The chief:Mean:ages of the block-tin pipe over any other
are, its being less liable to be acted upon by gas, and,
from the nature of the metal, not likely to oxidate or
corrode ; and from its ductility, it is easily bent to suit
the dilierent situations revired; and, as the joinings are
made with solder, nearly of the bailie nature with the
pipe itself, any blow or strain which the pipe might re-
ceive at or near the joint, can do little injury, as both
the solder and the pipe will yield together, and never
produce a leak as copper pipes, if pot together with soft
solder, are apt to do, when subjected to the supposed
strain.
The neighbourhood of Newington, Lambeth, and
Camberwell, is infested with a Most desperate gang of
thieves, who have not fur some weeks suffered a night to
elapse without robbing the houses of some of the Mita.
bittuts. Olt Sunday night, the hoole of Mr. Hawkins,
a cheesemonger, curlier of York street, ickfriar's-road,
was entered by means of pick-lack keys, and robbed of
property of near 200 pounds value. it is believed the
property was conveyed toa hackney-coach, that Wes seen
waiting not far dist ait. 'Mite lonise S Hoskiih
of South-street, Walworth, was broken (Teo and robbed
on the same night of linen, apparel. and a variety of
other property. The house of Mr. Wat.on, N .2 the t
George-street, IValworth, wis also entered and robbed
of a great quantity of linen, plate, apparel, jewellery, a
'mintier of suit: of clothes, money, and other property.
The thieves must have been fur a considerable time on
the !itemises. On the preceding night, the I.l'elsh
chapel in (Little Guilford-street, South wank, was broke
into (for the thin) time within a short periorl), all the
locks of the cupboards were forced, and the clock, acrd a
variety of proprty carried otr.

I- • -