The National Register.
London, England, 1821-06-25 00:00:00

TO TILE EDIToR.

Sia,—The account given of the Unitarian Fund Dinner,
in your last paper, seems to me so little remarkable for ac-
curtsey or tambour, that I cannot hut acquit you of having
oeen present, though it assumes the shape of an Editor's
paragrepli :—my reply bhail lie us short us possible, though
it- itecessistily involves it little histury. The Society in
qur stints bring instituted fur u purpose nu less grave and
serious in its nature, than (rts we Ii itik) important as to its
object, the gentlemen who arranged the toasts to be given
after dinner (of alma l was not tine) deltherattly endea-
voured to avoid every thing which Might triter, perhaps
debase it, by on uditilatnre with the witty topics of the
'tossing day, and therefore confined their notice of political
and pithlie pennon to his Alajesty, singly and alone ; end
even to Itim without the interpolated additinu of'' Gud bless
him," which, however, miexceptiottable, ut even, on other
oec•+sinus, latidi.ble and proper, it nail been the better, for
the fon stetting reason, to omit.—Cnneurring in their opinion,
when au attempt nay made by sitine gentlemen to invade
the role, I declined to comply with the ittiouyinous call,
stating (nine " the accome omits to mention) the prin.
ciple on which the stewards hail titled, and ntc UN at opinion
of the propriety of abiding by it—and I wit satisfied that I
acted rightly ; that the wish, so far from being mond aaaaa us,
was nod expresses' by one fourth of the company, and that
the minute's rs tlection, for which my interposition niforded
the opportunity, convinced the meeting of the expedience
(tithe line usuch had been than ;in which rill immediately
acquiesced, by that silence which was best proof of con-
sent. As to my own consistency, I have only to say, that
having objected to interitiptiag the prescribed comsat by the
introduction of a subject wholly foreign to the design and
object of the institution, when on the point of leaving the
Chair I took a liberty, generally taloned I believe, of
giving, as f myself, the health of a lictitlenian, my inti-
mate friend, well knonti as the most pinininent champion
and leader of that very cause which we were assembled to
promote—whose talents and industry have been for ninny
year devoted to its advancement—hut n lin, notwithstanding
the number and vatic', of his publications, never once, I
believe, uppe•ued bt fore the public as a political polemic—
if this be inconsistency I :tan content to bear the blame,—
Trusting to your liberality to insert ibis,
I am, Sir, Your obedient Servant,
London, June, 20, 1821. W. S Tll.

I'. S. I must desire to add my entire concurrence in lour
richly merited eulogium Oil the eloquent speech which Mr.
Fvx delivered on the occasion.

"'„,* lit conformity with our constant custom, we
insert the above Letter, but we cannot avoid
making a few observations on the subject. The
Editor of this Paper was present at the Dinner fur
the purpose of taking notes (which he did at great
length, though subsequent circumstances prevented
his publishing the account he had intended giving)
and avers the verity of his statement that the call
was " nearly unanimons''—of which in his situas
tion he had a much better power of judging than
the Chairman, and in which opinion be is confirmed
by several gentlemen who can have no motive for
misrepresentation ; he also knows that the silence
which was so unfbrtunately interpreted as approba-
tion of, or conviction of the propriety of the omission
arose solely from a determination on the part of the
dissatisfied company net to sacrifice the quiet of the
evening on that account We agree with the
worthy Chairman as to the gravity of the occasion,
and as to the desirableness of excluding from
such meetings every political feeling, but we still
maintain that that exclusion could not be obtained
by drinking " The King. God bless him," which
was the precise form of the first toast, and after-
wards refusing to give a toast when so generally
called for—the omission of which at the present
moment gave the meeting a decidedly POLITICAL
CHARACTER and that of the worst sort. We could
have had no objection to the health of Mr. T.
Belsham, (whose every act has been so highly
creditable to him) being drunk, but nothing can
convince us that the fact was by any means con-
sistent with the first declaration of the chairman,
that he would " invariably adhere to the list
given him by the stewards."—ED.

It has been represented that the Duke of Clarence
has only 18,0001. a year, besides 2,5001. a year
which was grunted to him early in life, and which,
because he has received it so long, ought not now
to be noticed at all. The following is a very mode-
rate estimate of the public provision for his Royal
Highness, independent of his marriage :-18,0001.
a year• by Act of Parliament; 2,5001. a year• by an
old grant ; the admiralship of the fleet, 2,0001. a
year, a free house in St. James's, and a mansion at
Bushy-park (enjoyed for many years) with gardens,
farm, and the rangership, with its privileges (say, at
the least, worth 2,5001. a year) and besides these,
1,5001. a year settled from public money on certain
young ladies called the Misses Fitzclarence. These
items make 26,5001. If we add to this the 6,0001.
additional proposed on account of the marriage, (to
say nothing of 18,0001, for arrears), we make up u
charge of Zi2,5001. a year ! !!
A few days ago a considerable wager was made
by a gentleman of Prescot, that he would provide a
chaise and pair that should go thirteen miles and u
halt' within the hour; carrying, besides the driver,
two persons, weighing 480 pounds. This wager
was decided last week, and won by one minute.
The population returns in every part of the king-
dom spew a material increase since 1 11. In the
single parish of St. John the Evangelist, Westmin-
ster, the increase has been upwards of 6,2oo—the
the total number of persons being in 1811, 10,615;
in 1821, 16,835.

LAIV REPORT.

COURT OF KING'S BENCH, JuNE 16.

DAY AND MAR•I'IN V. 11:1nA'N.
This was an action brung,it by Messrs. Day and
Martin, hacking-makers, of Holborn, against the deceit- i
dant, Henry Brown, for an iinitatiott of their label.
The trick was discovered by a typograp;tical error in the
counterfeit poblication: the damages were laid at 10001.
Mr. Searleit felt no liesitatitin it opening the Case. as
one of the darkest which had eta heir presented to a
jury. Qqiewrid ugunt komines, were words which had
blazed upon the proscettiem of a theatre, and perhaps
the same Immo might he equally g,eritiatie to the partici
of a court of justice—a !Lige 11,i0/1 which the ber.o was
Varied even ifl/111 the pal ICC to the put-house, and where
ahnost every character, front the prince to the pedlar, in
turn presented himself to public attenhon. Ot counsel
certainly it ought be stmt strut troth, that one man in his
time played many rants; labouring in their vocation,
they lent their to all; and the man who Was
the oppotteut of royalty to-day, might stemd up for the
right of a chin-lilies, sweeper to-morrow. To introduce
the present plaintiffs formally to tit; jury, would scarcely
(Mr. Scarlett thought) he requisite; fur who, with the
slightest priteesiott to polieh, could he unacquainted
with the names of l)ay and Martin? Could it be ne-
cessary of those gentlemen to say, that. by stoopiug to
the fete, they lo id raise I themselves to the head of soci-
ety! Needed it to be observed in the year 1821, that
their fame had spread through every clinic where shoes
were made of leather? Mid not their puffs and poems
(passing rico those of Packwood) asnitiate every news-
paper of the day? and would not they themselves go
- dew,' to visit:6v the blackest, yet the brightest, charac
tors of the age? The jury were men, and t,ley knew
mankind. The jury wore boots, and they would know
the ',hens of .Nlartiit's blacking; of that inestimable
fluid—dark as the j. try plumage of that bird whose name
the maker bore. But fame raised enemies; success
raised rivals; and, Cyril as with others, so hard it fared
with the present plaiituds. Pretenders had put up fin
public (*avow ; roll(' had been poisoned for a while
with their pernicious preparations; bin frail as their own
bottles had been their standing in the trade; like those
bottles they had hroken ; and the long hands of sweep-
ing assignees had left not a hamper behind. Yet there
was our—and now the learned counsel came to the
gravamen of his case—there was one loan who played a
deeper game. An envious oilman dwelt near Go',len-
square, who saw and grudged the 141616115' rising for-
tunes. The caitiff's name was Britivil, and lie conk]
snake a liquid which he called black, Inn which, like
him, was brown. Etch flask, like Pandora's box, con-
tained a thousand ills; it burned tip cool men's shoes,
did narm to harness, and, Itistreleevs, defied the sweating
valet's toil. To sell this villanons composition, however,
was Brown's chiefest care ; and how did the jury think
the wicked end had been attained ? Knowing that his
owls name would hring. no buyers, the man of guile re-
solved to take another's: he printed a quantity of labels,
in initiation of the labels of the phi:tuft's; pasted them
at leisure upon his spurious bottles, and tittered his own
base compound In the world as the aentiiite blacking of
the illustrious Day and Martin. Even tints did error
steal into authority ; and thus was High Ilohaorn cheated
of its homage! The means by which the fraud in ques-
tion had been carried into effect, would be sufficiently •
detailed in the course of the evidence; but, upon the
effect and character of the deceit, a few words might he
permitted. The plaintiffs did not ask vindictive tlas !
swages, but the deferularti, they submitted, was a double
trespasser ; at once, a depreciator of their inestimable
ware, and a destroyer of the shoes arid boots of the corn-
mutiny: and there was another topic to which Mr, Scar-
lett would advert—his comments would he brief, but it
would not be ammo away upon the jury: he ditl reel it
his duty to add a sentence as to the influence of such
condect upon the general interests of trade. It would
be Nutlet to say that the high and hunottrable feeling
which had distinguished Itritish commerce was on the 1
decline; hot the plaintiii. were the only persons who
within the last few years had suffered by mean and pi-
ratical practices. There was a Mrs. Lazenby, who had
discovered a pickle so piquant as to tickle the palates of
all the aldermen in Ltheion—she had been unable to
keep possession of her own name. A Mr. Cox, too, the
inventor of a most delicious sauce [that, we understand,
with which a man might eat his own fatherj—Nlr. Cox
had been obliged to defend himself at law : and the
learned counsel really apprehended, unless the jury
would make an example or the present defendant, that
twine rogue would go down into the country, redden his
lace, put on a powdered wig, and call himself Mr. Scar-
ett ; or, playing the same trick upon the learned Soli-
citie.General, receive all those fees and eintiluitients ul
Office to whwii that learned gentleman stood entitled.
Mr. le. Cimattee had been many years in the habit of
mina I)sy and Marlin's blacking. lie bought a bottle of
blacking (purporting to be Da) and Marlin's mainiftie-
tare) from the defendani Mown. Finding it vile Witt,
he carried it in the house of ille pdaiutilfs in High Hut-
bern, who abjured it.
James Barton proved the purchase of a similar bottle.
The trim comilerfeits wire then pot in.
T 1 as Richardson am, [Hinter to the plaintiffs.. Their
labels wire pouted front a stereotype plate. lie could
swear the labels on the spurious bottles were tint primed
))))) the plate of the plaintiffs. There were several to-
pographical ertore among others, the word `, inestima.
ble" in the true bill, stood ineonuiable" in the comiler-
Itivhard Brown, first cousin to the defendant, admitted
that he had ant al t 2,400 labels struck oft hems a plate
which was enplane) to hint by the defeutlant.
Mr. Ihrimais addiessed the jury in mitigation, but
called no witite.ees.
The Lord Ctitef Justice thought it a ease not tit fur vin-
dicative, but certainly for reasonable damages,
The jury feund a verdict for the plaiuttlfs.—Des
wages 151.
We understand that no fewer than seventeen per.
sons, were during the last Term served by Muer& Day


THE NATIONAL REGISTER

and Martin with notice of action for similar encroach-
ments, but. relimplislsed on the parties paying costs and
engaging not to offend again.
MONDAY. JUNE IS.
THE KINO V. MOYSTON JONES.

The above defendant, if will be recollected, was tried
and convicted last sessions, for falsely swearing before
the Surrogate of the Ecclesiastical Court, Dnctors' Corn.
mons, that he knew of no impediment to his marriage
with Eliza!wilt-, the daughter of Peter Harvey Lovell,
Esq. of Cole Park, Wilts.
The prisoner's counsel, Messrs. Alley and Andrews,
on that occasion took an objection to the form of the
indictment, which was reserved by the Common Ser-
geant, and judgment was respited until this sessions:
the defendant being allowed to go at large upon giving
security to the amonut of 4001. fur his future appearance
to receive judgment. He now sppeared, and Messrs.
Alley and Andrews moved that he be iliscnarged, on the
ground that the indictment was invalid, inasmuch as it
dud not negative all the averments upon the r:cord, as
in cases of perjury. This the learned gentlemen con-
tended was as indispensably urcessary in an indictment
of this kind as it was in one for perjury ; and the con.
vicinity must therefore fall to the gronoil.
Cnimuott Sergeant said, the point had received
the deep vst consideration ; and it was with much reluct-
ance that lie informed the defendant ttiat the Court con-
sidered the objection to be fatal, and that he 'post be
discharged. Had tiya decision been otherwise the Court
would have felt botind to visit the i.frence with great
severity.—The defendant was then discharged.
Richard !Leath was indicted for stealing a book, value
I ss. the property of Thomas Edwards.
The prosecutor is a bookseller. and keeps a stall,
covered with books, outside his shop-door.
A respectable tradesman gave the prisoner a good
character; and said, he believed that deep distress ;done
could nave induced him to commit the theft.

1 me Jury found him—Guilty; but recommended him
to mercy.
The Recorder said, this was not a case in which the
Court would dell severely with the prisoner ; as allow-
ance world be made for the temptation held out by the
prosecutt,r, in placing his property in that careless man-
ner in the street. If tradesmen would be so careless,
they must expect to be robbed.
The tradesman who gave the prisoner a character
offered to take him again into his service, if the Court
at ould deal leniently wi,ls him.
The Recorder said, he should stiffer a short imprison-
ment.
COVET OP COM 110 N PLEAS, Jutht 20.

STEVENS AND ANOTHER, ASSIGNEES OW MITCHELL,

•. JOHNSON.
This was an action to recover 471. 10s. the amount of
a bill of exchange drawn by the defendant in the month
or July, ItilB, on a person of the name of Moore, and
passed to Mitchell, in whose hands it remained unpaid
at the time of his bankruptcy, which took place in No-
vember last.
Sergeant Pell stated the plaintiff's ease, and accounted
for the delay in bringing tile action by s .ving that the
defendant had desired Mitcheil,aiter the bill h d become
due and was not paid, to retain in his hands and endea-
vour to get payment .'mm Moore, the acceptor, who is a
builder, and was, at the time the bill became due, actu-
ally employed in building houses fur Nlitchell.
The bill was put in and proved to lie drawn by the
defendant's daughter, who was in the habit of drawing
of exchange for her lather.
The jury, without a moment's hesitation, found a
verdict tor the plaintiff.

■AIDAY, MAY fl.
This being the first day of Trinity Term, the Judges,
with the exceptioo of Mr. Justice Best, tool• their seats
in the usual manner.

The Report of ►ne Miffi.nk Peniientiary was post-
poned, and read by the officer of the court.

LIBRL.—THE KIND V. SHACKEL AND OTHERS.
'Mr. Scarlet' moved to file a criminal information
against the defendants, three in number, for a I ba riu
the Countess of Jersey, published in The Jahn Bull
weekly paper. Toe application was made on behalf of
the Earl of Jersey. Mr. S. produced the paper contain-
ing the libel, which he read. The of in the writer
was to hotel the Countess of Jetsey up to ridicule and
contempt, describing her to be the insulted confidante of
her Majesty the Queen. The !emitted Counsel men
quoted at considerable length the following article, which
appeared in .he John Bull of the 6th of May, I : tine
heading, in large letters, for the purpose of wearing
notice :