The National Register.
London, England, 1822-06-03 00:00:00

TIIL KIM) Y. THATCHIth.

This was an inTictuie;tagieitisiiltedefendant, one of the
select vestry of the parish of Paddington, fur an assault no a
pauper, named John Child.
Mr. Bollsod stated that the prosecutor was a poor disabled
man, with a large family. Ile applied some time ago to the
churchwardens for relief. His wife was lying-in tat her fifth
child, and lie could obtain no relief. He ass told he must get
a note from Mr. Thatcher. Ile accordingly applied to the de-
fendant, who struck him. The learned toil/Isel called several
witnesses.
Mr. Reader, as counsel for Mr. Thatcher, said, on the day
when the assault was alleged to have been committed, the man
went for the purpose, not of obtaining relief, but to insult
him. The learned counsel then called
Mr. Butler, an inhabitant of Paddington, was in Manor
place on the day the dispute took place between Mr. Thatcher
and Child. The witness was talking to Thatcher alien Child
came up. Ile said, Tom Thatcher, how dare you call me a
pauper l" Thatcher said, Go about your business, Ibis is my
private road." His reply was, I shad not, Tom Thatcher."
He doubled his list, and ran his elbow into Thatcher's side.—
A scuffle then took place between them, sad Child threw
Thatcher twice. Child put his fist in his face, collared biro,
and threw him down twice. Child was nut thrown at all.
Cross examined by Mr. Bolland.—He said Thatcher did not
use any improper language, nor did he kick the man.
Mr. Bolland, in reply said, much was to be allowed for irri-
tation on the part of Child, who bad been denied relief with
tit e starving children. It was not be believed, that a man
wanting assistance would conduct himself as Butler described.
The Lord Chief Justice left the Jun to decide who had
committed the first assault. If they believed the first assault
was committed by Child, in a state of drunkenuess.
The Jury found the defendant not guilty.
T111,11%1Y, MAY SO.
NlCllultio4 o. SMITH.
This was an action by Messrs. Nicholson, who are distillers
and reetilim aof British sp. ' , against the defendant, a licensed
victualler, to recover 1151. for stock transferred.
Mr. Brougham stated, that the pliuntitia were respectable
spirit dealers, who had been in the habit of supplying the Dun
Cossack public-house, at Norton Folgate, with liquors. The
house was in the possession of a person named Coventry, who
left it, and the defendant being desirous of carrying on the bu-
siness, obtained a lease. Ile then applied to Messrs. Nicholson
tor a transfer of the spirits. The custom was that the outgoing
tenant transfers to the in-comer the residue of his stock, and
the distiller accedes to the arrangements. Mr. Smith was ac-
cordingly debited with the amount, which was WI. and be
signed what is called a transfer, acknowledging that he owed
the amount to the plaintas. Ile was told the defendant had
paid the money to the out-going tenant, but lie shunt(' prove
the defendant acknowledged the debt, and the Jrny would
have tan difficulty in boding their verdict for the plaintitt
The Common Sergeant then addressed the Jury for the de-
fendant, sod observed, that they could not help seeing his client
hail been sued in a stay most oppressive, for, in fact, he had paid
the money for as !11.11 this action was broiight. The quest'
was not whether be was to pay Me.,..as. Nithult9o tito bombed

171

and forty-live pounda, hut %Whet he wan to go to gaol, Slid
remain (Juin.; life. These goods were sold to Coy entry , who
could not be divested of them without some set of his own.—
There was no evidence to sheer Coventry sold them to any
person; Coventry was, however, paid by Smith, and the fair
inference was, that the goods were sold by Coventry to Smith.
The Lord Chief Ju►tice left the Jury to say, whether it was
made out that the defendant acknowledged he was debtor to this
plaintiffs. If be did, they ouzht to give their verdict for the
plaintiffs. The Jury found fur the plaintiffs —Damages SUM.
FRIDAY, MAY 31.
CHAPMAN AND ANOTHER e, srvouso._

This was an action by the treasurers of a Benefit Societe,
called the Society of Ancient Britons, to recover the SUM of
101. which they alleged the defendant had withheld from a suns
which lie was hound to pay over to the officers.
Mr. Chitty having opened the pleadings, Mr. Gurney stated
the case on behalf of the plaintiffs. He did not wi..6 to im-
pute intentional fraud to the defendant, whom be understood to
tee a respectable man, but would rather believe he had made
some mistake as to the sum which he produced, and that he
afterwards was ashamed to acknowledge his error.
Mr. Smith, the secretary of the society, stated, that on the
7th of September, 11520, the defendant had to pay the sum of
1401. 14s. 1041. to the treasurers. Ile came accordingly to the
jublic-house where the meeting was held, in South Audley-
street, laid down • number of notes on the table, and demand-
ed 2d in change, which Mr. Constance, an acting member of
the committee gave him. In twenty minutes or half an hour
after, • sum was paid to the landlord, and it was now disco-
vered that the money on the table was 10f.less than that which
the defendant ought to have paid. On being addressed on the
subject, he said that lie had laid down two Dotes of 204 each,
two of IV. and six notes of 101. He was reminded that this
would leave ten pounds short, when he said he had made a mis-
take, as he had brought seven notes of 101. each, and net six
only. He said one of the notes was marked with the name
" Brewer," which name was to be found on one of those paid ;
others of them lie had taken at Esdailes and Co. Ininiry was
made at Esdailes, the next day, where it was found that he bad
received six notes then, all of whieh were paid in at the club
except one, which was No. 18,092, and which, being stopped
at the Bank of England. wan found in • very tattered condition,
with a large blot of ink at the back, which might conceal any
name which had been written on it. When the deficiency was
discovered, a search was proposed, to which all present sub-
mitted, but two persons had left the room before the proposal
was made. On the defendant were found three notes of 51.
each.

Mr. Rcarlett add d the jury for the defendant. contend-
ing that the condition of the note proved it bad passed through
the hands of a party who had improperly substracted it, rather
than that it was withheld by Mr. Siurling, to whom no fraud
was imputed.
Mr. Gurney replied n, the whole case.
The Lord Chief Justice summed op the evidence. Ile ob-
setved that the case was a distressing one, arising, as it did.
among parties who were admitted to be hitherto of respectable
character.

The Jury deliberated fora few minutes, and found • verdict
far the plaintiffs—Damages 101.

MARSH ANU ANoTHER V. FRASER, GENT.

Thin was an action agsinet the defendant, a clerk in the Ceort
of Chancery, for • false representation respecting the interest
of Colonel Hippisley in certain monies which bad been the sub-
ject of a suit in that court, in consequence of which the plain-
tiffs were induced to make advances to Colonel Hippisley.
It appeared in evidence that the defendant bad, since 1817,
managed the suit of Colonel Hippisley, as clerk in court. In
August 1820, Mr. Cooper called on him from the plaintiffs, to
inquire into the truth of a representation made by Colonel
Hippisley, that he was entitled to 1,1001. 3 per cent. consols,
standing to the credit of a cause " Hippisley a. Western," an
order for the payment of which would be obtained as soon as
the ohhices were open after the long vacation. Mr. Fraser re-
plied, that he had no doubt suet assertion was perfectly true.—
In consequence of this answer, the plaintiffs advanced 2001. to
Colonel Hippisley, and :ook his order for the payment on the
defendant nut of the proceeds of the cause. These, however.
were not forthcoming at the appointed time, and, after various
delays, it was discovered by a reference to the bill and answer,
that Colonel Hippisley had not, at most, any right to more
than the interest of the money for file, and that he had been
discharged in 1809 from prison, as an insolvent debtor.
Mr. Taunton, fo: the defendant, reminded the Jury, that this
action could be sustained only on the ground of fraud, and that
therefore they nisot be persuaded that Mr. Frazer knew that
the assertion he was making wes false. Now he was not the
confidential solicitor of Colonel Hippisley, hut merely the
clerk in court; who was, no doubt, better employed than in
reading all the hills and answers in every suit, the mere for-
mal part of which he conducted. There was no imaginable
motive for the fraud imputed to him ; indeed, all his interact
was against an advance to be repaid out of • fund, to which he
must look for his own charges and if a mere casual conver-
sation like this could charge a disinterested party with a dela,
the lips ,if every Englishman must remain hermetically sealed,
lest he should litid an attorney's clerk in a casual inquirer,
and make himself liable to • debt by • few loose winds.
Tilt. laird Chief-Justice assented to the law as stated by Mr.
Taunton, and left it to the Jury to say, on the whole evidence,
whether the defendant was aware that he was giving his sanc-
tion to a falsehood.

The Jury found a verdict for the plaintiffs—damages 2001.

sVICER v. HROTHERg AND ANOTHER.

This was in action against the defendants, who are army
agents, for a penalty of 501. incurred under 54 Geo. 111. c. 28.
by their default to render, on oath, an account of all monies
received by them under powers of attorney, within two calendar
months after a precept from the commissioners of the army.

The precept produced required an acconat generally of ell
monies ever receised to he given to the under-
Sem ice was proved on one of the defendants, Brothers, only.—
No account had ever been given.

Mr. Marryalt submitted to the Court, that the act
tended to require an account of all monies received during •
man's life, hut that come individual transaction must be speci-
fied; and also that, under the act, the commissioners had no
power to direct an account to be rendered to the nadtr-treasu-
rer, or to any but themselves.

The Lord Chief Justice over-reled both objections ; and the
jury, nnder his directions, found a verdict against Brothers for
401., and a verdict for the other defendant, who was sot show•
to have personally received the precept.

Mackerel sold at West Bay, on the mast of Dor-
.;etshire, on Wednesday list. At one penny per doz.
the boa's having r.t.ight so immense a quantity the
previous

I

179

EAST INDIES.
The Hon. East India Company's ship Farqnhar.
son, from China, (left Feb. 1.) brings the despatches
respecting the unfortunate transaction which occur-
red with a boat's crew of his Majesty's frigme
Topoze anti the Chinese, in which one of the
natives was killed, and 14 of the English sailors
wounded. All trade with our ships was wholly
stopped from the xSd December. The only ships
besides ready for sailing, were the Kent and Repul.e.
Twelve Company's ships remained unladen, nor was
there any prospect, at the departure of the Fargo-
karson, of their being allowed to take on board
their cargoes.
FURTHER PARTICULARS.
The following important iuthrmation was on Sa-
turday morning posted at Lloyd's:—
The Farquharson, arrived from China, whence
she sailed on the Ist of February, brings advice, that
trade with the Chinese was stopped on the itSd of
December, in consequence of an affray between part
of the crew of the Topoz..e frigate and some Chinese,
at Linton. All the gentlemen of the factory hast-
ened on board the different ships, and were after-
wards taken on board the Waterloo, with their
families and property, us well as the Company's

property.
The ships remained at Chaumpie when the Far-
quAaraon sailc.l. The Fay quharson, Windsor,
beat, and Rept! sc, had taken their cargoes; but it
was supposed the rest of the Company's ships would
be obliged to come away in ballast.
OTHER ACCOUNTS.

Tbs following is from the board of the Jerusalem Coffee-house;
by the ship Farquharson, off W eyinouth.
The &pulse and licni were loaded at China, and
expected soon to follow the Farquharson. The affair
between the Topazc frigate and the Chinese took
place on the 23d of December. The supercargoes
were on board the Waterloo, and had the precaution
to have all the bullion and property shipped. The
Portuguese Governor had received orders at Macao
to allow none of the English to remain there. The
Chinese junks were at the bar to prevent the Far-
quharson sailing, and the 'Pupate firing a gun or
two over them they dispersed. The Farquharson
had her guns loaded, but did not fire. Not the least
appearance of settlement was entertained when she
sailed. The Vanseitart and Scalehy castle had ar-
rived at China. The Illocreen, Walker, outward-
bound, had arrived at St. Helena.
Extract of a letter from Macao, dated Jan. 27:
" The ankle of the Topaie frigate remains unsettled : the
Viceroy of Canton not having relaxed in his demands, we re—
solved on moving the ships out of the River, and weighed Mr
the second bar
.yestenlay morning, and anchored here (Chaunt-
rie) in the evening, with all the ships—the frigate is with us. It
Is reported that the Viceroy is willing to open the trade, as far as
curt-tats in buying and relling, but insists on having two men
before the ships sail. It is probable that after the Topase
which is expected to be in about ten days, mutters alit be set—
tled, and that we may expect a that adjustment in February ;
this is, however, only my opinion."
Extract of u private letter from an officer on board
the Hon. Company's ship Farquharson, dated in the
Chops of the Channel, May 27 :
" The cause of our detention, which has doubtless by this
time occasioned some anxiety, happened through an unfortunate
quarrel which took place between the seamen of his Majesty's
ship Topusc and the inhabitants on the island of Linton, in
which three of the Chinese were killed. The Chinese insisted
that three of the sailors should be delivered up, which Captain
litelhazdson would not tio. As their law is i.ositive that life shall
be forfeited fur life, whether the death be accidental or intentional,
they put a stop toall trade with the English, in order to force
compliance.
• We, fottunately, happened to be ready for sea; and after
being detained for tour or live weeks, in order that we might
bring home favourable accounts, were despatched, as things daily
assumed a more serious appeatanee. The whole of the Com-
pany's ships were outside lit the Itocea Tigris, the gentlemen of
the factory and Comptmy's treasury ate on board the Company's
ship Weicrlmu."

SOL' I'll AMERICA.

••••••••••
RITRACTS 111031 PRIVATE LETTERS.

" SANTIAGO DE CHILI, JAN. 16.—Within these few days
we have here S. Ahreu, a Spanish Commissioner, who came by
way of Panama : lie has been received with great attention by
our Government, and has had several contereitem, with 'Ministers;
but it is difficult to guns what Spain can expect to gain at pre-
sent by negotiation, atter having lost so litany oppodumnes
before tier South American pm...sew:aorta were irretrievably lost
to lies.
•• Our administration pursues its course of retrenchment and
economy ; the credit of Government theretbre stands high ; and
should any temporary embarrassment oblige it again to issue
paper money, it w,ll no doubt be readily taken at par.
•• The conduct of Lord Cochrane. in his nispute with Gen.
San Aliatiu, is much commended, although his Lordship's seal
for Chili, his adopted country, has perhaps made him ready to
censure General San Martin, and to impute sinister motives
to Mm.
'•llis LortlM;p was displeased at Gen. San Martin's taking
the title of Protector of Peru, with the supreme command civil
and military, while, in tact belied a commission as Commander-
in Chid or the Chipman army. The coolness between the two
commanders was increased, when San Marlin declined to give
battle to the Spanish forces under the walls tit Lima, or in front
el Callao, although l.ordCoclitane strongly urged him to do so,
as the certain means of at once putting down the own', . The
capitulation ittf Cathie, concluttel without the comurrence of
Lord Cochrane, and restoring all Spanish property widened die
hreach sull more. The Chilian fleet, the interests of which
were entirely forgotten in the capitulation, showed a mutinous
mpecially the Mreign seamen, who had been buoyed up
ith the hope of immense prize money at Callao. They were
clamorous for the arrears ut their pay, and I.ord Cochrane found
I.inGelf compelled to satisfy theni out of the money that had
been rut on board the tiensports for the take of greater :wenn'',
tab le the Spantrh (ones were near the come This step was the
37,`1L Jwinflab!e, as the Tre.u.ury of Lima certainly ottiht to

~... ~:

THE NATIONAL REGTISER

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have paid the arrears clue to the fieet, on account of the Govern-
ment of Chili. which must have claims for larger mitts on Lima.
Lord Cochrane. however, to keep his men in activity, sent part
of e.e squadron to Valparaiso, and with the rest proceeded to
Gityarpia, in order to co-operate, if necessary, with the Colum-
bian tutees there, or to extend his cruise to the coast of Mexico,
and there to secure the two Spanish frigates, Priastis and Vets-
clip, a saich ate reported to hare great sinus of specie belonging
to Spaniards on board. At all events, the presence of the fleet
blare Callao was no longer required ; the character of the Go •
vernment of Chili and that oh General San Martin are a secure
pledge that this unfortunate quarrel will have no detrimental in-
fluence on thelcause of independence, nor weaken the good under-
standing which policy and mutual interest will always preserve
between Peru and Chili.
" Li sta, Nov. so.—San Martin, who is very unpopular, has
adopted the flourishing title of Protector of Peru, and governs
the country by a military despotimi. You will probably have
card of the rupture between him and Lord Cochrane.
" After the evacuation of Callao by the Royalist army, his
Lordship applied for money to pay his officers anal Men, and
teecived for answer that there was no money, although it was
well known to his Lordship that about 6isi,non dollars nad been
embarked on board of private ships and Chili transports by San
Martin for safety, in case of being surprised by the Royalist army.
His Lordship was of opinion that this money would be equally
safe on board of his frigate, and consequently removed it thither,
with which he paid his ships, and sent part of it to Chili. San
Martin had by this time got a flag of Ins own, and declared Peru
independent, which his Lordship conceived dependent on Chili,
and therefore would no longer obey any orders from the General.
Every intrigue was used to induce the seamen and officers to
enter the Peruvian service, and even to hoist the flag on board
the Chili ships. Some officers who have always been in opposi-
tion to his Lordship, immediately joined, and a great number
of the seamen who had been long confined on board wished
fur a change : they arc, however, sorry for having made it. Nut
one of them has been paid by this Government, whereas those
that remained with his Lordship have been paid to a day.
JANUARY L—This place remains perfectly quiet, and the
existing Government here finds itself 60 strong, mat a very rts•-
pectable expedition, consisting of 3,000 men, is being equipped,
and will sail from Callao in about a week, destined to the coast
of Arica, in order to attack Arequipa, and thus, if possible, ter-
minate the war in Peru.

•• General San Martin is still at the head of the Government,
with the title of Protector, but it is thought probable that he will
shortly relinquish the supreme command in favour of a native of
this country, of distinguished family.
Lord Cochrane, by the latest accounts from Guayaquil, was
about to sail from that port with his squadron, to run down the
moist of Mexico, and cruise Air the two Spanish frigatts, which
still remain iu those seas."