The National Register.
London, England, 1821-12-02 00:00:00

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FROM TUESDAY NIGHT'S GAZETTE.

BANKRUPTS.
P. Morton, Salford, near Manchester, merchant. Solicitor,
Mr. Ellis, Chancery Lane.
C. and W. W. Staff, Norwich, bombasin manufacturers.
Sol. Mr. Abbott, Rolls Yard, Chancery Lane.
G. Kirkham, Lancaster, merchant. Sols. Messrs. Chippen-
dale and Co. Great Queen Street.
R. Parker, IVllitchurch, Salop, stationer. Sols. Messrs.
Stocker and Co. New Boswell Court. Carey Street.
R. Jackson, Cannon Street, merchant. Sol. Mr. Borradaile,
Cateaton Street.
J. Ritchie, F. Richardson, and J. Ritchie, Watling Street,
warehousemen. Sols. Messrs. Smith and Co. Hatton Court,
Threadneedle Street.
J. Nicolson. Curnmersdale, Cumberland, ironfounder. Sol.
Mr. Clennell, Staples Inn.
It. Eastwood, Leeds, draper. Sol. Mr. Makinson, Temple.
M. K. Densilve Bridport, Dorsetshire, bookseller. Sol. Mr.
Iloplcinson, Lincoln's Inn.
'I. Bayliss, Cunlworth, Warwickshire, dealer. Sols. Messrs.
Clarke and Co. Chancery Lane.
C. Cooper, Upper North Place, Gray's Inn Road, grocer.
Sols. Messrs. Amory and Co. Throgmorton Street.
J. Fowler, Mark Lane, tea dealer. Sol. Mr. Hodgson, John
Street. Adelphi.
H. Levy, Nelson Square, Blackfriars Road, merchant. Sols.
Moan. Green and Co. Angel Court, Throginorton Street.
J. Boultbee and J. W. Cole, Peterborough, bankers. Sol.
Mr. Anderton, Quality Court, Chancery Lane.
DIVMENIX;.
Dec. 48, J. Dingle, Charlestown, Cornwall, merchant—l 9, H.
Wheatley, Coventry, silk dyer-19, R. Clements, Coventry.
riband manufacturen—lt, J. Hollis, Gomel' Street Road, stone
mason—l 9, S. Wood, Bolton, Lancashire, banker—tl, M.
Ilattersley, Bilton with Harrowgate, Yorkshire, innkeeper ‘4.1 ,
S. Garton, Wood Street, Cheapside, silk manufacturer-22, It.
C. Marr, ltathbone Place, linen draper-22, T. Little, Bodihian,
Sussex, grocer-21, J. Harris, Redbridge, Southainpon, victu.
aller-18, R. Ratcliffe. Southwick. Durham, ship builder-IS,
G. Watts, Chichester' hatter—Hl, 'l'. Merrick, Frith Street,
Soho, merchant-29, J. Cornwell. Kirton Fen, Lincolnshire,
victualler-18, L. W. Williams, Fleet Street, wine merchant.
CERTIFICATES to be granted Dec. 18.
T. H. Parker, Kinkiann, Surrey, wine merchant—J. Roy,
Wolverhampton, tea dealer—T. Hayward, Cheltenham, builder
Bourke, Albemarle Street, Piccadilly, wine twerchant—T.
Vernon. Towcester, Nonhamptonshire, grocer—T. Jones, St.
John Street, West Smithtie'd, rag merchant—J. Pethurst, Cron-
brook, Keist,draper-4. Billinge, Bristol, grocer—G. Shoebridge,
Cheapside.

LAW INTELLIGENCE.

Seats, Rehearings, Appeals, and Pea:Mos, &Are the Lord
Chancellor, aficr Michaelmas Term, 182 1.
Wednesday, December 5, First Seal, Thursday, Friday, and
Saturday, Rehearings and Appeals.
Monday, December 10, Second Seal, Tuesday, Wednesday, and
Thursday, Rehearings and Appeals.
Friday, December 14, Third Seal, Saturday, Monday, and
Tuesday, Rehearings and Appeals.
Wednesday, December 19, Foutth Seal Thursday, Petitions.
N. B. The Lord Chancellor hears Bankrupt Petitions to-day,
and will daily, until the First Seal.
Scats, Causes, Pleas, Demurrers. Exceptions. further dir eetions.
cad Petitions, before the Vice Chancellor, slier Michaelmas
Term, 1821.
First Seal, Wednesday, December 5, Motions; Thursday,Friday
and Saturday, Causes.
Second Seal, Monday, December to, Motions; Tuesday, Wed-
nesday, and Thursday, Causes.
Third Seal, Friday, Du:ember 14, Motions; Saturday, Mon-
day, and Tuesday, Causes, Pleas, Demurrer►, Exceptions,
and further directions.
Fourth Seal, Wednesday, December 19. Motions ; Thursday,
Petitions.

COURT OF KING'S BENCH.
isiONPAY, NOV. 26.
The Court was much crowded this day, in expectation
of the judgment on the Rev. R. Blacow. The Lord Chief
Justice sat at Nisi Prima soon after nine o'clock, and tried
several undefended causes. Mr. Justice Best, at eleven
o'clock, heat d motions.
WIZ a IN• V. D. GRAVES, AND D. AND 5. A. snoiroesi.
The defendants, on the motion of Mr. Scarlett, were
brought into Court to receive judgment for perjury..
They swore to a debt of I 4,0J01. helot e the Co tttttt issioners
under their bankruptcy, as being due to them front their
brother, Mr. William liavy ; and it appeared, that so far
from owing the delessiliints mon. y,lie had lent them 60001.
and was their creditor to that amount. It was imputed to
them that they limited Mr. Davy to join with them in
committing a tiand on their rreditots, and on his refusal
they maliciously swore to a debt of large amount, for the
purpose of procurims his imps isonntent.
Me. Adolphus addressed the Court in mitigation of pit-
mishaps:tit. The defendants he described to have been
persons in a large way of business, at Plymouth. They
bad been seduced, by misfortunes, to great distress and
misery' so much so, that the wife of one of them put an
end to her sufferings, by walking into the sea with a child
in her arms, and both perished.
Searlen was lirlDtl in aggravation on a former day.
Mr. Justice Bayley delivered the judgineut of the
Court, and, after commenting on the commit), of the
otlence, sentenced the defendants to be imps isoued in the
house or Cori ection, Culdballe hells, for one month, and
at the exptiation of that time he timispot led tut se-vets
yells.
Ibe Groml Jury of the comity was discharged by
Judge Boy icy in Om usual hone-.
I, UPON lER I. VIE AJ ES Y.
111-: LING e. 1111. III:b. 11. RI.V-OW.
NI I . have 11/ pi.ty your Los thAlipl' judg-
iiicot upuu ihi• !try. Richard
Thu 44tIchd.iiit lug apl,ousd usi the floor of the
Con, t,
befiii e whom the information
azaiii•t Use wd- lid .1 al the assizes at LIIII•
eao. r, rut:veiled to read his 01 the ease ;
%smelt it appeared, that the ilenrolaiii, in his s ocation of
elr•mgymass,4llll h. the pulpit us \tatk's cbwcb, at
Liver purl. in the course of a sernimi ale. ' lie was Idris
pmts delivery(' Use following libel of and cue. cluing
het Lie alojeisly :
" she let in cowardly, *Welt they have 'now laid to my
rliargr, I Iltii.k you *%lll do me the justice to say, does cot
tithing to IDA tr. ling was never au i iiiii ate of my
bosom ; nrsthtr w best .lit• Jacobins raged around us with
all tiseir slur w the presowi day of radical uproar
and 4lrliiairDi. The latter, stinced, it must he allowed,
have one featote about them offal mote hideous and dis-
gusting than the Jacobins themselves. They fell down
and wet shipped ilteCemldes, of Reaqon,a must respcctalrle
had tketut sort of being, toutrated with that *hick the

THE NATIONAL REGISTER

Radicals have set up as the idol of their worship. They
have elevated the Goddess of Lust on the pedestal of
shame, an object of all others the most congenial to their
taste, the most deserving of their homage,the most worthy
of their adoration. After exhibiting her claims to their
favour, in two distant (loaders of the globe, after com-
passing sea and land with her guilty paramour, to gratify
to the full her impute desires, and even polluting the holy
sepulchre itself with her presence, to which she was car-
ried in mock majesty ails ide upon an ass, she returned to
this hallowed sill! so hardened iu sin, so bronzed with
intamy, so callous to every feeling of decency or ofshiune,
as to go on Sunday last, clothed in the mantle of adultery,
to kneel down at the altar of that God, who is of parer
eyes than to behold iniquity,' when she ought rather to
hate stood barefoot in the aisle, covered with a sheet as
white as unstmned scow, doing penance for her sins !
Till this had been done, I would never have defiled my
hands by placing the sacred symbols in hers ; and ibis
she would have been bottle! to do in those good old
ays when church discipline was iu its pristine vigour and
activity."
The publication of the libel having been proved, the
defendant was found guilty.
The ChielJustice, addressing himself to Mr. Blacow,
asked him if he had any affidavit which he was desirous
of submitting to the Court ?
Mr. Blacow.—None, my Lord.
The Chief Justice.—Mr. penman, have you any affida-
vit, ?

.__ • .
Mr. Denman.—No, my Lord; as the defendant offers
nu affidavit, neither shall I.
The Chief Justice.—Has flue defendant any thing to
offer in mitigation of piniktiment?
Mr. Macon's—No, my Lord ; nothing whatever.
Mr. Deinnam—Under the circumstances in which this
case Meath., my Lord, 1 certainly shall uut trespass out the
time of the Court.

Mr. Brimilitini;—l really fed it unnecessa►y to address
many words to year Lordships. Yon have heard the
libel read, of which the defendant has been convicted—
but your Lordships have not heard the defence which he
made for himself upon his trial, and I will venture to say,
that there never was in this country exhibited a scene an
indecorous—so degrading to the character of man, and
more especially to the character of a clergyman—a scene
distinguished by the utterance of such base and foul ca-
-1

Mr. Justice Best.—This is not repeated on the notes
which have been read to the Court.

Mr, Brun ham.—For that very reason I wish to inform
your Lordships of wtwt did actually occur, and I appeal
to the learned Judge by whom the case was tried, with
great effect, whether he ever witnessed a more disgracetill
exhibition in a court of justice? As to the libel itself, it
is sufficient for me, in preparing the judgment of the
Court, to request your Lordships' attention to the slanders
—the vile, gloss, and indecent slanders, of which that
libel is composed ; and which were delivered by a cler-
gyman of the Church of England front the pulpit, in Isis
vocation of Minister of the Gospel, as well as to I Ile fact
that it is not the first time of this man basing been coll•
stele(' of a similar offence.

_ _ ...... _
Mr. Justice Best.—Have yon an affidavit of this?
Mr. Brougham.—l have, my Lind. The sentence or the
Court will be found upon its files, and I have an affidavit
to prove that the defendant is the person who was con-
victed and received that sentence. if the Court shall
think fit, I will put it in.
Mr. Justice Best.—This affidavit should have been read
before, in order to afford the defendant an °ppm t ... ity of
reply.
Mr. Brongham.—l have not the smallest objection that
the defendant should be permitted to reply.
The Chief Justice.—ln point of regularity, this affidavit
ought to have been read before the defence was called
upon. The affidavits on both sides should be read in the
'list instance.

Mr. liroughatn.—My Lords, 1 feel it quite unnecessary to
trouble the court by going back to the former case. Your
Lordships see the tenor of the libel itself. You know the
character which the party, I cannot say dors—but w loch
be ought to support tne occasion upon which this libel was
published, and the person to whom it applied that this de-
fendant is one of those individuals who are eniaixed in a con-
spiracy, for the purpose of propagating, openly us well as in
beC ret, the vilest slanders iv hi Is It is possible for the human
imagination to invent, and to heap upon public und private
rht,ucter every abu•c which saucy appear sal,ulated to
serve t heir profit:4lldt piirpo-e, as well as those who are
determined to listen to and give countenance to such
calumnies. l'hc latter are hot less characteriw2d than the
former lay in:dig:my or base ime.serving, althou„n the former
may have Iris prudence in their di•sigus—as I think Its been
rustle to appear Iron: the whutt course of this case. The
defendant has conic fur ward upon this occasion—not to alio.
Im;iae
•lug the publication vi who], he stands charged,
hut to a.;;;lavate it by exhibition of additional malignity ;
mod lie now 111111l'ilt$, in the last stage of the proceeding,
cool tiug, us lie did on Isis is ial, the 4; ttttt niny attached to his
roaduct, and braving the puniMusent due to hits olfence.—L
now leave him to the judgineut and to the justice of your
Lordships, sat :shied you w ill feel yourselves bow id, regarding
th situation is Which lie stands, to pass that sentence which,
under alt the circumstances, his crime shall appear to
deserve. It would be sup Miami to make any further re-
' mark I shall therefore not add one word more.

uptick! Bayley Men proceeded to pass sentence on the
defeudant in the following words is my painful duty to
be called upon to pass on you, a clergyman of the church of
Logland, the iuttsue of Isis court for a libel, lint uttered
by you he a place set ;wait for very difli rent purposes, and
all, risaids pi laird:cid puldisiicd us part of a seriatim preached
is the chinch ul St. Nlars. it is its itself a very great evil,
that a plae. so sailed should be perverted to such purposes.
It ought to have twen a ill, very different feelings that the
11110, of alone who atteuiled should have been impressed,
our should )OU, 1111011 vu solemn an occasion, have mingled
with chnsnull uuuucuuu, oliservatious upon living
chwt-
r.teter,. h%c iiil Misr sufficient faults of our non to correct,
141111110 C01111111:111111A ui.un the faults of othi rsr. is uu
%Mali :0:A110:Mull Of We case, Ilint there did not exist an
UO:1111.1111) nl upnnou on she mine that is the subject of
sc.', ill, wrote, at the time you mentinued
it, calceslated In produce dillereut feelings in dillereut much.;
but no such feelings ouglii to prevail in a house of fliristian
The nututr of the place itself is one of the great
sting, in this calla,—that ..bids gives to it a feature of pecu-
liar aggravation. I must s iy you have exercised a wise di*
cr clam in having ilet lined to idler any thing this day in
of the Orem e of which you have been convicted ;
.sod I 11.1 pf lists situ 4 o. 'lloll4l'olle hum n einem tinn, that
uu lookluz back to your cuisdUrt, you caw uothiug its it fur

which you could offer any defence. The sentence of the
Court on you is, that you pay to the King u flue of One
deed founds; that you be committed to the custody of the
marshal of the Marshalsea, for the (Clan of six calendar
montlo ; at the espira
sureties to keep the peace fur fire years, yourself in the sum
of 5001. and too sureties in the suin of I1)0.. each.
The pi ironer immediately reined in the custody of the
officer of the court.
TUESDAY, NOV. 27.

In thc !natter of COL. EDWARD BAILIE V. THE MARsuAL
OW TUE MARSIIALSEA.

Mr. Gurney sheared cause against a rule obtained last
year, calling on the Marshal of the King's Bench to an.
ewer to an affidavit made by Colonel Bailie, a prisoner in
the King's Bench.

The ailidavit of Col. Bailie stated, that on the night of
the nth of December, Ib2O, he was disturbed by a noise
ill the coffee-town, over which lie occupied an apartment.
The disturbance was ienewed, notwithstanding a com-
plaint to the Marshal, but obtained no redress. Sonic
nights after, they sang an indecent song, every verse of
which ended with the name of Bailie. The deponent went
down to the codee-room to remonstrate, and was insulted
by persons there. A Cul. Mead said he was no gentle-
man, and challenged him. The insults he received were
supposed to be occasioned by the circumstance of being
it relation to Lord Londonderry. The deponent made
frerynent application to the Marshal, but could obtain no
redress. He described the prison to be badly conducted.
The greatest irregularity prevailed in the interior, and
many prisoners were deterred from making known corrupt
practices in the prison from the want of pecuniary means,
and the dread of being marked men.
The affidavit of Mr. duties stated, that Col. Bailie was
received into his custody in July last year, and being
informed that lie was seen out of the rules, lie, by desire
of one of the Colonel's sureties, ordered him to be confined
within the a ails of the prison. He never had any quarrel
with hint, but did all he could to Recut 1111 l odate. When
lie heard of the complaint, lie made Moots y into the sub-
ject, and was told the only prison irregular was Colonel
Bailie himself, who bad been told by Poole to leave the
apartment lie occupied, but lie refused. The deponent
dismissed Poole, and finding upon examination there was
fault on both sides, he endeavoured to reconcile Colonel
Bailie and Col. Mead, but no►hing would satisfy Colonel
Bailie but committing Cul. Mead to the county gaol.
The affidavit of Mr. tit ouchoff stated, that lie had been
seven years Yoder Marshal, and lie never heard, during
that time, any well-founded complaint against the Marshal.
Another affidavit stated, that Colonel Bailie declared
Ire would be revenged of the Marshal for refusing to admit
him to the rules after he had varied undeniable security,
Under all the circumstances, Mr. Gurney contended
that there was uo foundation for the application.
On the subject of the charge of nun residence in the
prison, the Marshal made another affidavit, stating, that
lie had resided a short distance from the prison, bin had
always attended from ten in the morning to three ; that
he never left the prison until he heard all complaints, and
always remained all night iu the prison, when there was
the least necessity. He had been Marshal during the time
of Lord Kenyon and Lord Ellentiorougli, and had always
the sanction of those Judges. During the whole time limn
Lord Kenyon'a appointment until Lord Ellenborough's
resignation, he het invariably and constantly attended at
Nisi Prim. Finding that his family increased, lie some
years ago purchased a house at Putney, hie their health as
well as his own. He was only four or live miles from the
prison, and could always reach it in one hour, or an 110111'
and a half. He had received upwards of 20,000 prisoner,
under his charge, and had never heard any prisoner com-
plain of his nun-residence.
Mr. Campbell, on the same side, observed, that if the
Cow t were of opinion Mr. Junes did not reside sufficiently
within the walls, lie should renounce the indulgence. Ile
trusted the Court would look at this application as founded
in malice.

Mr. H. Cooper, in support of the rule, said, lie felt the
full weight ol the importance of this case. He was to
contend that the affidavits of Cul. Bailie and others, were
ausuisted mole loosely than any lie ever heard. He dis-
dained, as the representative of Col. Bailie, to notice the
charges of a regularity made agaiiist that gentleman. He
(Col. Bailie) was a colonel in tile West Middlesex militia,
and was related to one of the most lionomable families in
England. the Uxbridge family. Mr. Cooper adverted to
the charges against the Alarsiial. Elsw•orthy and Bannis-
ter had rooms in the prison, which they were in the habit
of contantly letting out. These I owns were never chunt'd.
Colvin and Peckham, o her ullu•ers, had the saint' ivi-
leges. It was important that no rooms should be without
chufts, because a drunken cooler or tinker, nut having any
other rooms, might be on Col. Bailey.
Mr. Justice Hest.— Ilicre is no danger of that, Mr.
Cooper, %lien they can pay two pounds nine a week uut
of their cretliturs' money.

Mr. Cooper, in continuation.—Witte respect to the
coffee-hunsex, it was important they *honld he well con-
ducted, otherwise they would become peat.housca, to
spread vice and contagion outside the walls of the prison.
The Marshal was cithir ignorant of what was going on, or
thine sari 4 Climiskil connivance on the part of those whose
duly it was to report the irregularity. The Marshal had
examined the parties apart. Why did he do that? The
Marshal knew the parties should be confronted. The
Judge in Itabelai a would hear the arguments on both
aides, and retire to his closet to throw the dice box—the
party which had the greatest number of spots was right.
fhe Marshal did nut even resort to that mode of justice,
but examined the parties separately, from which examina-
tion no justice could arise.-011 the subject of non-resi-
dence he cited the words of a con )))) ittee appointed to
examine the prison. They reported that it was tinconsti•
illlioll4l to allow the Marshal to delegate his duties to
deputy. The liberty of 20,00 J Englishmen might be
intrusted to the Marahal,and the duties he had to discharge
were too intim taut to devolve on a deputy. In the case
of Bryant, the person who obtained his removal was Mr.
Jones litimelf, on the very gronuil of non-residence. He
seas discharged 011 the relation of the very man against
whom the complaint was this day made. The Mkrshal
could nut be ignorant of the necessity to reside in the
prison. Colonel liailie had served his country in a high
statitm, butt since his confinement lie has done his country
great benefit. The abuses he hiss brought before
the
court wonlul no longer exist. The court would do justice
as the echo followed sound. The public certainly required
the court to du their ditty.
Mr. Justice Best.—lt is not fur tI3 to regard what the