The National Register.
London, England, 1819-03-28 00:00:00

EXETER ASSIZES.

(Before Mr. Justice llolroyd and a Scceidl Jury.)

CONVICTION FOR BRIBERY AND CORRUPT:ON.

HEX U. 6111 MANE.SIII LOPI.Z, HAUT.
This HAS an itolietment of rather a sitigel, I bat highly
intim. tan! statute. It elm: ged the de fenttaitt with liviog,
by himself, and by certain tigentr, rout pith .001 Ittilit ta
several of the cleetors of the ltrrotigls of Grittopitond.
1111. Serjeatit Pell opened the case 011 the pat t of the
Crow hieli he described as one of the 11,0. t
eases which had ever presented itself to the coot•ith
of i Juty. (yawn taut, the Learned St•rjeasti said,
carded the imlivithitil—impoi mot as if cgs rtird I lie itid&c
interest, and the purity 01 the Coottlittitittn. litre war a
person or ismitetise wealth, appl)ing that wealth to the
most 11111.4orthy 11111110SeS. MI. les prildove.
villa', it appealed that Sir AI. I, prz telt ,;oho r torrent's
as to his' rest. AI r.'l'eed, the pre-cut petttitmer for
(irattspoinsil, paid a visit to the Borough, a.. 0! Str.ritlitt.s„
It
Lopez declares, in one of Ins letll.ls, 111.11 (dr 1.101)4
slatnte•l by Mr. Tertl's join 'try. if that 2cl,lle,ltai)
plat C him in the sitioattmi its w Inch he stood be 1.40 J e 11. e
etanto-iteemeot of the or gmilatitto, lot (Sir 31 ) would re-
sign his interest to him. flue of these lettits, in rs hich.
191,411,ing of the electors of Otampoitorl. Sir M. L. s,sr.
" U !hey can fri4 any gentleman who will pay them lit t-
ier, they may transfer their ser tees in Itim"—and
ther, in whit h Si, M. hopes he shall not he pot to the
additional ripener of a dinner to the voters—excited
considerable met I intent.

Wits. Hoare Indite remained by Mr. Gamelee, swore that
he was an Alderman of (Iranipsound; that in November.
111314, lie writ to London, and saw Sir M. L. at his home
its Atlingtomsteret ; that Sit NI. said lie heard there wait
an opening io the 1311r011101 of thampound, add that he
shook' be comitig down cooll. and would nee ysitocsn oa
the business; that Sir M. Loprz It-worst, d to
entisult the rest i,l the Maeisir Atte and fiat men on the
stiojrct ; that witness then told Sir NI. that the electors
must be moist'. tl, and 20001. woolu tot neressar% fur that
porvon.; that, after lie trim tied to Gr.unpotrlld• lie amt.
to Sir NI. ill lime aimbjtel, and teceivral an answer. In the
lit ensuing to December, Ice met Sir M. at Ply nunuth ; ihat
be at eit a ith him tu Nlr. Hunt's office, where he maw Mr.
1111111; that he then evplaim d to sir NI. 1111111- pr..enee of
I 11.11 t, that the freemeu wanted 20001. and ilia' so M. 240,1
limit should atone d0..0 ; that Hind was at Gldlni.olMll
ice ; that Oil the tirvt oreasion lee alit not ere so many
tot the freemen as lie expeetrd, and oily staid x lea holm, ,
that he afterwards met hunt by appointment at SI Atone,
and Hoot came dgilln la tinastipumill, e hr saw about
40 'I the freemen , that lie told Hunt that the fteeinvu
t sported 501. each ; that Hoot Raid that could out be—
that they could hate uuly 33i. each ; 11141 Hum then tie-
•ined him (winiesv) to vend the voters hoes the room (a
mom. at au inn) our by one; chat he did so ; that Huars
t Imk, Mr. Hawle, was in the loom, and Jahn• Bs (tun, g
voter, when athirst lett it ; that Symons was 110(
inUo-
dmced at this time ; that he saw Sir Alasiavvt h Lopez mane
months after, at his seal near PI, month. and that S:r M.
linen said, " I have vet-tired Symons; I have dour some-
thing Ito him here—touching the palm uf• his liasid). That
hr alierwarile intioduced Allen, a voter, to Henn, w hu did
out seem inclined to lecsive him, ns It hod already got
a majority. When Hunt CJIIIP to Grampound the second
ti to., and %vit nese Nellt in the freemen, our by our, ke did
int: err any one receive as:y money.
Q. H•d you receive any money I—A. Yes, I did.
Mr. Jtutice laolroyd.— I ougat to tell you, you are not
bound to amass er any question tt hit h may (-eliminate % oureelf.
Mr. Adams.- 1 note put the quest Mit sigaia. hid yuu re-
ceive any money ?7 W ititess Ido not t house to 1111451er.

Mr. teed (examined h. Mr. serj. ant Pell) sail, that he
was an antics essful Candidate' for GI am pound last Election,
and was at the present moon uI a ;it embitter. That in Au-
gust, 1817, he ret eived from Isaac Watts, a voter of llcant-
pound, a paper t oatamin4 Ilw names of she voters a ho had
been bribed by Sir M. Lopez ; and that Wat s told him the
respective sums which had been paid, a hich he put duals
against the respective names. That he called on Sir Nl.Lo-
pez, in London, That he told Sir kl. that be called, at the
ilcsa-e of Watts, to know a hat he ( it %I ). intended to do
r.•specting leitsimmund. If he (Sir M.) would be content
ait h one seat, he (Mr. Teed) might have the other. That
witness then told air M. hr was acquainted a ith his dro-
reeding, at terampoutl, and pradaced the list he had re-
ceived from Watt-. That Sir NI. merely expresmd his sur-
puise echoic. the %einess could have got so correct a lies.
That Sir M. said the sums were very correct, exeept that
he had paid more to I than was put down. That witness
toil Sir M. 1.. that lie and the electors were subject to a
prnsecut' ; that Sir NI. then said lie %mild protect tha
electors it' it cat him 11)0,0001. That he had taken Conn-
sel's opinion ; and that he electors were not liable, because
two years had elapsed since the transactions.

Mr. Minute, in a very animated speech, argued, on
the part of the defendant, that the money in question had
been given from chaiitable ... lives. to asskt the Borough
nt Giampound, which war at that time in great distrew.
He commented at consid. rable knob upon the testimony
of the various witnesses who had been called on the part
of the prosecution. If a lanibui d lowered his rents to
assist Its tenants, and was afterwards returned by their
votes to Parliament, would that constitute beiher)% Music
wat'S the difference in the present case? Tue Learmil
Counsel then commented wills some severity upon the
evidence of Nlr. Teed, awl cone:tided with a hope that. if
the Jury elite, tained any doubt upon the came, they would
give the benefit of that doubt t•. the accif.eil party.
Mr. Justice liotuov is Sll,lllllCli up the evidence at . en•
siderable length, and ranee.•ed his opinion. that if tiot
witnes.e., wart: le be rein. d on, Mt rue bad beau already
made out.

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MARCH U.

YORK ASSIZES, NIARCII 17.
•••••••--
711014A1l WILSON W/NTLS V. WALTON.

The Jury. without leaving the box, found the defend-
The trial lisftted more than four hours; the Court was
crowded to excess.
Tim Jrfeesdatit will be brought up for judgment, in the
plug's /latch, in tbe ensuing Term.

TiliS was an action to recover a compensation in ass
maps from the defendant, for the seduction of the
plaintiff's wife.
Snjeant Caoss addressed the Jury on behalf of the
Mr. H. Harrison produced the copy of the register of
the marriage of the plaintiff, from the parish church of
Si. Maq. Hull. The marriage was solemnized on the
27th of November, 1810; witness was present ; the
parties were young, and nearly of the same age ; they are
at present about 30 years of age. The plaintiff is a timber
merchant, residing at Hull, and cart tea on business to a
considerable extent.
Fitz. Hall has been occasionally employed in the fa-
mily of the plaintiff and his father for twenty-six years ;
had frequent opportunities of witnessing the conduct of
Mr. and Mrs. Wittier to each other, which was always
very affectionate. Mrs. Winter had three children be-
fore the separation took place, and she has had one since.
Mrs. NV itster's maiden name was Barker; her father was
a Mr. Maples, who left her a large fortune ; he died be-
fore she was married. Witness said that she sometimes
saw Dlr. Walton, the defendant, with Mrs. %Vinter ;
and that it did strike her as a little singular to see Mr.
Walton there an often ; boot she never said any thing
about it. Mr. Waltoi is a young man ; witness dues
not think any thing about his being handsome, he is
rather tallish.
Mrs. Ann Wilkinson stated, that her husband was a
merchant at Hull ; has known Mr. Winter and his wife
ever since their marriage, atid has had frequent opponta-
ni ties of observing their conduct, and it al ways st ruck her
that they lived very happy together; and Airs. Winter
was a very affectionate mother to her children.
Witness on her cross examination, said, she never ob-
served any change in the conduct of Mr. and Mrs. Winter
towards each other. Mr. 1V In Z1:1 was a very regular man,
and generally spent his evenings at home. Witne:-s has
sometimes seen Mr. Walton at Mr. Winter's when Mr.
Winter was present, and sometimes during his absence;
witness thought it rather strange that Mr. Walton should
be there so often, but she did not think that there was
any thing improper. Mr. Walton first ‘lsitetl at Mr.
NI, inter 's in the year 1817.
Mrs Allen is the wife of Mr. Allen, ship-owner, in
Hull ; has known the plaintiff and his wife six yrar,,
was near neighbour to them. and was on the most inti-
mate familiar terms with them, and from every obser-
vation she could make, she thou4h t they bred happily
with each other. The plaintiff, in his conduct towards
Mrs. Winter, was indulgent and. tender, who returned
it with every appearance of affectionate regard ; her con-
duct towards her children was also most affectionate.
and witness never saw any change in it towards her hus-
band. Witness stated, that two young ladies paid a visit
for some weeks at Mr. Winter's, and that Mr. Walton
was there very frequently during their stay, and paid par-
ticular attention to one of them.

Witness was cross-examined by Mr. Scarlett.
Ann Morley was servant in old .Ur. Winter's family,
went in March Isis, to live with the young people.
Mr Walton visited Mrs. Winter eery frequently—every
day, or every other day; he used occasionally to dine
there; and on these visits M►. Wittier would frequently
go to his counting-house and leave Mr. Walton in the
house, and the same after tea; he also occasionally staid
supper, but always went away about W o'clock. When
/qr. Winter was at home, Mr. ‘Valton used to walk
with Mrs. Winter, and attend her to the play. bathe
month Of Ala'', ISIS, Mr. Winter was absent for about
three week.. Wi nets then proceeded to slate two se-
parate acts of adultery committed by the defendant,
riming the absence of Mr. Winter. Witness did not
acquaint her master with the infi.lelity of his wife; and
the reason she assigned for not doing it was, that she
was afraid he would not believe it. Shos..i Mr. Wal-
um was a good tall man. Mr. Winter had a fortune of
about 14,0 001. with his wife. Witness never had any
conversation with her master after be came home. Her
mister and mistress were separated the latter end of the
last summer, and site has not lived in the house with
her master since she ►eturtted front Scarborough. Wit-
nisi' said she made a meinurimitims of the tune when
the two acts of adultery were cot iiiii toed.
Mr. SCA4 tiirr addreaacd the Jtiry on the part of the
defendant.

_•
The Jury reefed for alunit an hoar, and on their re-
"ma into Court found r verdict for the •eiaiutif—Di-
ruages

ASICIW V. 113111111,TINIC.
This was also an action to reviver a compensation in
damages lio.ti Ili • defendant, for crintiaal conversation
with the pl alttlitel wife.
Mr. Ca oas stated the case on behalf of the plaimiti,
whit WU* .s p. rsors considerably advanced. in life. arta
","I beet, Y 7 y, era in she serviee of the defendant, as an
agent Mr him to au extensive granary he occopird as
Cleveland Port. About a )ear ago, to,ite quarrel •
between them. which Mr irritated 'Air. licselsine, lbw
he preferred two hills of indictment against his old ser-
vant; one for d rdlit•lsiracy to cheat hurt, and tire other
for ,t,•Jli,ig tra.s ou. of it s harts. On tise further in 'hew
charges the plaiii•itt was acquitted the last bummer as-
slut', and of the Lister sh.ristg, the present assizes. Toe
pref•rling of she Last iorlictinent was that which (the
CluP.sel said) ltd.w the discovery which produced this

THE NATIONAL ItEGISitIt.

action. A servant of tlie lisnily.filMed at the persecu-
tion to which the plaintiff had been subjected, CollllllU-
nicated to him some particulars ; the result of which
was. that he acquired the mortifying conviction, that
the defendant had availud himself of the opportunities
which the occupation of rooms in the plaintiff's house
afforded hint, of seducing his wife from her duty to-
war& her husband ; and that he had for a lung period
=tried on an adulterous ititticoursc with her. _

Tne witnesses, who were called to give evidence or the
infidelity of the wife, proved the case very strongly.
The defendant is an extensive corn-factor, and a mein-
ber of the Society of Friends.
His Lordship shortly stated the evidence, and left it
to the jury to say what damages the plaintiff was enti-
tled to. Verdict for the plaintiff—Damages 501.

SUSSEX ASSIZEs —IIOINHAM, MARCH i 5.
CUTIING avid MAIMING.

Amon GOP, a youth of prepossessing appearance, azed
about is, was indicted under Lord Elleuborough's Act, for
fe:ouirinsty and maliciously stabbing and rutting George
Gibbs, wit► intent to murder ur du bun some gal von. bo-
dily harm, ou the 13th lust., at the parish ut blorritivois,
in this CUUIIIy.
G. inge Gibbs, a youth ahoy' 16, the unfortunate victim
of the prisoner's ferocity, appeared 111 the box, dreadfully
emaciated, and still I.buming under the effects of the out-
rage which he had suffered, his wounds being yet green,
and gave the following statement :—His tither was paik-
keeper to Lord de I■ btch, who lived at Parham-pack.
lis the evening of the irith of March, about 8 o'clock, his
fathir sent bins with a message to the Crown pnblic.house,
a short distance from Parham, when be suet Ilse prisoner,
neer the end of Isis father's garden. The prisoner bad a
stick over his shou.der, and although the night was rather
daik, he could see him by the light of a lantern which lie
carried in his hand. isouer was then alone, but ap.
prated to have patted Ir :mother yowl man, named
Duke. H'beu the prisoner approached him, he was about
to wish him good night, wheii the former struck him over
the head Nail fare with the stick which hr carried. Ile
was nearly lammed by the blow, which belch/ repeated, lie
was knockrd down, and front the vin.ence of ibr Lion, the
stick was broken. The wants' immediately cried out,--
"Oh ! Jemmy Gibbs, don't murder me;' and begged for
merev. The prisoner then went round him,'inits
nnmc-
dialely pulling wit a pocket knife, cut him twice midi' the
chin; but his sanguinary design having failsd by these
means, he stabbed hum behind the right tar with the saint
weapon. I.Mlitnt a. struggled to get from him, and in doing
so, disarmed him of the knife, and in the scuffle the pri-
soner drew it through his baud, and wounded several of
his (lagers. The prisoner theii took him mood the waist,
and dragged him to a gate•post, suit enilearuitri d to ►euig
his bea•i against it. 11'Mo:so cried oat fur mercy, slid
ealltd " murder," upon which the prisoner caught bold of
him by Ow throat, which he gririt with both his hinds,
in or er to prevent his tusking any Boise. He immediately
afterwards let go, but seised 14y throat a second lime, snd
then the witness lost his senses, and remembered nothing
afterwards; when he rectors-led, he fuoud Massed' with his
friends. He swore positively thaT otter had .any quail
syl in his lite with the ; that they were statue-
sakes; they were not related; that he hod known the pri-
soner as a passing acquaintance, and had seen 1 or ca.
sionally; but lie was by no [MAIM intimate with li.m. lie
torrid in no manner account toe the prisou.T's attack upou
him.

George Whale proved, that he heard the cry of " mur-
der" on the evening in tpiestion, and *seat to the spit fruin
whence it proceeded, when he saw the piostrutur weltering
in his blood, sod in coosequetice of the alarm which he
gave, the prisoner was pur,ued
Wm. Moore proved, that he was attracted to the san-
pinery scene, in consequence of beau iei4 the piusecutur
try out, " Morder"—.. Jemmy Cobbs, don't murder me!"
Daniel Dullsiated, that he apprehended the prisoner
between 9 and to the same litchi on %Aladdin common,
mid saw the [moonier running from him, and endeavouriseg
10 escape
John gently was present when the last witness seized the
prismicr . ids hands and face were vary bloody.
Daniel Plash picked up the pocket-knife, which was
smeared with blood, sad a stick, resenabliieg a broonirtick,
broke, is two or three pieces, whirls art idea he produced,
aid which %tee proved to lee the presoures.
Mr. Deneadt, a surgeon at htionnegeon, who was called
ha, describe d wounds which bad been iiiiiicte•A em the
prosecutor. The knile bein‘ shown to lien, be said it was
dull on the edge, sod in his juagoseeit that circumstance.
presented the wound being fetal.
Here the case for the prusei intern closed.
Mr. Justice BA Ift.l,li asked the prisoner what he bad to
say in his defence.
The prisoner said, .' 1 duo% know that 1 can say any
thing."
John Gibbs, the father of the prisoner, came forward in
a state of pitiab:e agitation, so
stood, and slated, that he was a Nieto, in Petit, that Ina
sun and he were in the habit of workinc for Mr. finery, a
farmer at Parliaill. His the day mciiiimie4 he the Owlet-
aerie, after he and lite sou had perforated their daily
labour for their time:flyer, the, came I to do •
work in their own garden. He (Owes., el that there was
sumethiog sitigndir in lbe behaviour of the prisoner, who
illeelaid not to work with his usual chef. fu loess. At supper
tome in Ilbt evsolot, attoilt 7 o'clock, the prituner Seemed
low Spirited and toe very little food. He kept bark (rout
the Air, tiestead of comileg foe ard as noun on such oeca-
Stolle to join in the hoesib.e cheer...allure's of their meal.
Alwmt ball peat 7 ibe prisoner seat oat mid Never returned
He dish out know of any quarrel between the prosecutor and
bus son.

4mr.Jt Gib r, the stretched mot her of the prigoner, ahro
iu an agony of au ief, rlalyd, that ■tc toblietlrtql routes is
NisiKulAr in the helinviour of her oon during somwr lime of
I lir night in pie.' it.o He ate lillie, anu m 1 quite Leland
from the le.t of the family. Him loom wpm pruumut, and war
whom to go honor lie war admit 40 ancomp.sit) hr.., hot he
made nu MUM r, and stood dejected agrintt the cupboard
.f the room. Wiwi ss knee of so quarrel between her son
nod the prosecutor. They aiways appeared to be on rood
trims *llk c►cd ether. The pr.ioner was a quiet, 60W-

and soda-talons lad, and worked early and late, ain't
war not tin to gusts of p moan or ail t. in per.
A tete Price, the prisoner's aunt, ohs. rt-Ld his conduct at
the slipper-time above-mentioned; h.s behaviour was roil
different from what it tistrilly wx• ; he appeared very
When he wee miring witne,s's ektldt he thiew it op m v
great flurry, and not with his usizat and tender care of the
child, of which he was very find. The pri..onar we. reidrl
in his imu.ners, dutiful and .!itent:ve to his porreate, and cx-
In'Ille:y (hitt:end le his autp!opiunt. On that night the
witness 'Wald him to see her hour, but waking taw answer,
he stood silent and deji died. lie usel to see her home tit
night on the Ike occasions.
Mr. IL Ltnery, a respectable farmer at Pau ham, stated
that the prisoner worked fur him three or tour years He
was au extremely good workman, and a very indu.tricns,
attentive hr always burr t!,c character of a elvil, kind-
hearted young malt, and WAS never known to quarrel with
attybudy.
_ . .

Mr. iislice BAYLEY then summed up the whole of the
case vs jilt great moot, lass, and advertiug to the defence.
Inch hod lists set up. told the jury, that if they were of
opinion that :lie r, at the tune be committed
di eadfiii 011,tice imputed to him, MAI pis -seised of sufficie,t
rsasoo to thstiiigulsh sight from wrung, he was answerable
to tie law for the act he hail committed, and the pun, I
con&eltictiers akelt must follow a conviction fur that :eel
inti,t lie visited Hiroo hi. head.
'I be jury, alter a few moments' deliberation, fou:id the
prisoner Cui:;:i
The Yarned Judge immediately pronounced the aural
sentence of tie dh, its a to littler en impressive and pathil:::
as :4 le,lVesio dry eye in coati, holding out to the prisoner
nu bop, a of inriey.
The primmer, during the whole of the trial, was secs:: 'y
agitated by remorse and apparently moat.. fed sensliaii:y.
After be was removed from the bar, tic prosecutor awl.
Lis father appeared in the aitness•bux, and earne•tly
'rimed the leorited Judge to wait his life, and mitigate the
seatence of the law to transportation but Mr. Jcsixe
Bayley said, that his duty was imperative, and that if he
dared to relax the severity of the law, he should want -
no suggestion of mercy on the part of-the prosecutor to
prompt him to an act to which he WAR naturally impelled
by his outs feelings of commiseration for the unhappy ctin-
vict. Hut he dared tvd, fur the sake of the public.auspenit
that punishment. If mercy could he extended to the pri-
soner, it could only be attained by an application to Ibe
Secrete. y of State.

Valite.

BOW STREET.

Warning to Licensed Vichtellers.—OnWeanesdny,
the landlord of a public house appeared to answer
the complaint for buffering persons to gamble in his
house.

A journeyman taylor, named Clancey, was the
complainant, and stated, that on the 15th of Febru-
ary he went in a state of inioiication to the defend-
unt's house, and was challenged by a man to play at
" Put." The landlord produced a pack of card,

and the witness in a sh.ort time lost 5/. which ha
had with him, and the former then lent him 31. which
he had lost as speetaly.—Several witnesses contirtuca .
this statement.

The defendant solemnly denied having provided
the cards, and said they were brought in by one
of the players. The present proceeding was, he
averred, a conspiracy between the complainant and
his fellow-workmen, who, having got much into
hii debt, he had been compelled to sue th,m, awl
they had adopted this method of revenge. The &-
fend:lnt did not deny having :Mowed card paving.
Upon reference to the% tote, it was found that
an intOrmation, to be effective, must be laid uithin
seven days from the date of the offence. The penalty
is 101.

The Magistrate said, the defendant was highly
censurable in having allowed curd-playing in his
house. He hoped the defendant, and others of the
trade, would act. with more caution in future, as
otherwise their licences would be in danger.—" And
now," observed the worthy Magistrate, " I find it
is enacted in the Statute, that any journeyn;an, ap-
prentice, &c. being convicted, either upon evidence
or his own confession, of gaming in any licensed
house, is to be fined ss.—and as you (complainant)
have upon your oath confe,sed this offence, I cannot
do less than tine you in that sum."—(A laugh
The tailor, with evident reluctance arid niortii:ca.
tion, paid the fine and departed.
On Tuesday Sir Nathaniel Conant, Mr. Birnie,
find Mr Hicks, assembled at the office to investigate
the conduct of Thomas Bond, a man employed as a
patrol, respecting hi conduct at the late Westmin-
ster Election, in procuring and `employing a certain
number of men to attend near the hustings, &c.
when, after a full examination of Bond's conduct
in the transaction the Mitgistrates came to a deter-
tuination to suspend him from his employment, nub
he was accordingly suspended.

Sheer Slealing.--O. S. nrday or sitoday olphSarorglVel.e
11;.+t. aushe silhanr eanesed r tirisi Worming to 4s. I ta a,
on the Lynn nweffnuin. and tilted a o;:trp,
14kina away tlata .tg*, shooleirrc. and part al liar ens rd....,
.Lich sik* cat oitta s:st %Lin and wool tt.r rem.. the
rtmainiuz a%§ as bssris .1 in ilsc earth, In the anissts.set
land. of Tin Gainers has blear offered.—Tice
acusicia ale ;.

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