The National Register.
London, England, 1813-07-18 00:00:00

410NAL REGISTEP.

LAW INTELLIGENCE.

COURT OF KING's BENCH, JULY 16.
MORRIS T. RURDETT.
This was an action brought 4- the plaisitiff, the High Bailiff of
Westminster, to recover from Sir F. Borden a some ,ot money as
his proportion of the expenee attending the urection..of Hustings,
the providing Poll Clerks, and various other things necessary for the
accommodation of Candidates for the representation of the City of
Westminster, during the time of Election. Ile Act of Parliament
provides that each. Candidate, whether successful or unsuecessfnl,
shall pay his part, he defence set up was, that the dekndant had
never been a Candidate.
The Attorney-General proved the erection of the booth, the
the engaging of clerks, the furnishing of stationary, &c. and that
these things were necessary inasmuch as a contest was t xpected.
le also proved that the defendant had taken his seat as one of the
Representatives for the City of Westminster.
Mr. Brougham, for the defendant, said, the question of damages
was not the question in this case; if his.client was liable at all, he
%void(' not dispute the amount, but he should rontenel that he did
not become liable for any part of the expellees attending the Election,
inasmuch as be had nevet been a Candidate, or had he ern. takcii
any part, either by himself or his agent, in any of the proreetlings.
The Attorney-Genera !contended, that the having taken his seat
afterwards, whs sufficient to render him liable. •
Lord ELLENRORGUGII declared filmset( of opinion the barely
taking his seat was not sufficient to make the defendant liable under
the Act ; to make a person. a. Candidate, there must be some act of
solicitation on his part, in this case none such had keen proved : he
n ould, however, reserve the point for the future consideration of
the Court. Ti:c plaintiff must now be nonsnited, and the question
of damages nu the amount, of which there appeared to be no
iliffere.:ce, might await-the opinion of the Court as to whether the
dekudant was a Candidate or not.—Plaintiff nonsuited.

OLD BAILEY.

.

Wednesday, the Old Bailey Sessions commenced Lefore the Lord
Mayor, Mr. Justice Bayley, Mr. Justice Gibbs, the Recorder, St.c.
when the following prisoners were capitally convicted :
C. Wheeler was indicted for stealing from the pers.:n of Simon Bath- .
gate, a ten pound note. The prosecutor stated, that he was walking
along flolborn on the 10th of October, when he was accosted by the •
brother of the prismier, who prevailed on him to accompany Hui to
the Marquis of Granby public house in Gray's Inn-lane, where they
drank some malt litluor ; another man (proved to be the prisoner)
came hi shortly after, who, after intruding his conversatiou, said a
woman had promised to meet him there, to whom he was about to lie
marrmi ; and went on to stute that he had been gambling with some
sold:els, and leo; lust all his money. The ctimpunitai of witness said
he had been dune, and he undertook to :haw him i e whin rummer, by
maneruvring a halfpenny under a hat. The prisoner alfectefi to he
.
igtiorant, and his companium(who was in fact brother to the prisoner)
observed, that if lie had been possessed of a large sum of money he
would have lost it Wheeler had ascertained that- witness had got a
ten pound note about fihn, and in order to stew how a great sum of
money might be lost, witness was dupe enough to pull it emit of his
pocket, when the brother of time prisoner took it out of his hand, and
put it wider the hat. Hocus pocus was then displayed to some
pur-
pose ; for after the two brothers had pushed the note about from cue
to the other, it was handed out of sight, and the prisoner and his bro.
tht r walked oft These circumstances were curroborattd by other evi-
dence, and the prisoner was found—Guilty.
Friday, 11. Ralph, an old man, was charged with the wilful murder o f
his wile in Rose-lane, Spitalfields. It appeared in evidence, that they
were continurdly quarrelling ; hut there was no proof of the wordier..
The Surgeon who examined the body of the deceased, depwed, that she
had considerable discolouration in the face, her eyes issued blood, and
her temple was bruised ; he opened the integuruents of the neck, and
in the jugular vein found a s call portion of coagulated blood oozing out ;•
he believed Obi il:COMpresAMl of the jugular vein had caused a sir pen-
: sion of the circulation of the blood, and that the deceased had met her
:death iii consequefice of that. In his cross examination, he said that it.
• was possible the 'wound in time neck might have been occasioned by the
knot in the string of.her cap, resulting from the struggle of her apoplexy.
It he had opened "thlellettd, this might have been more accurately. In-
c, rtained;
' • The evidence. being- closed.' Mr. Justice Ba v LEY sumund up the cv%
deuce, vibith.tba,-it considerable time in doing, and:Abe-lull Rltrr.ik;
mature deliberation, returned a verdict of Net Guilty.