The National Register.
London, England, 1822-06-24 00:00:00

711 E KING O. KN AND ANOTHER.

:Mt. Gut no' skewed cause ac4atue.l tole obi ained fora
new vial. Ihe litleutlants mere luund putty of a eon-
spioary to &tumid Mr. W01.t..11, a invert' keeper, by e-
pre.ceiting he hail property, which he bad auigneti to
another.

The Common Sergeant rose to ri ply in support of big
rule, but the Cow t olio ortlerLd the turtles' to Maud over
till to auottow.

HABEAS COBBLS.
Mr. Campbell moved the Conrt to _rant a writ of IT.i3
bees, kr the purpose of bringing up horn the gaol of Cua -
isiarthen Woe 3 pumas James, wial had barn illegally
committed, as alleged, i.y t o magt•tiales of ilie county
The affidavit of James silted, that having been I% wnt
lough constable,* e plaint Was exhibited against him by
William %I/11114111s, for Hut paying as. Oti the rat imdasit
lie attended 11,e itiagistlitic• Al the town of Llatilluvely :
lie remained two hums wailing, and seeing one of ilie ma-
gistrates ewer, said he had been waiting to answer the
complaint of Wm. Williams. 'llia 1114 gist rate atisweled,
" rat :tit till the other patty alive, sal 49 not be imp's-
field, Sir, or I will cause you to be locked 1111,811." 'l'lse
illepolles.t then went away, and was ;wolf alter appre-
founded tinder a warrant flout the magistrates, for nut
having ativii.led before the Justices to answer the etHoi-
plaint of William Williams. When he appeared again
before the magistrates, lie was ordered 10 pay 3s. and the
constable's lees, Ile wished tovbcw cause why lie ought
not to pay the money, and was going to srak in his own
defence, when one of the justices asked if lie had been
sworn as high constald-. He ans.% et eil in the affirmative,
mid the 'magistrate said lie was one of the greatest rascals
on emit.. The deponent then said respectfully, that be
thought the magistrate, would not hear him I prep-
dice, un which they cm deoeil 1 eeeee to be taken to a luck-up
house in the lawn. He was kept in a dark room three
quarters of all hour, noel then brought again before the
justices, who told him that for saying they were biassed
they to iiiiii turd Ii i iii to Cleillni the° gaol, where lie would
remain as long as he lived for c _attempt. He Said lie was
aorta' lie bad given I.:lenge—his iiiteu• ion was 1101 to
undervalue, their authority. lie asked pardon aubmis-
sively, but the deponent Wei 'mitered to Carmarthen gaol.
Ile utteird to procure bail, but rue), would not take bail.
lie was consequently in gaol wirhont the means of getting
bia liberty, ankh& the Court wanted the !lathes Corpus.

The Lord CeiefJustice requested the warrant might be
tread.
Alr. Campbell accordingly read the Warrant, by which
the man appeared to he committed for an indefinite pe-
riod, namely, until discharged by due course of :sw.
rj4e Chief Jostice said, the commitment nu* illegal, as
no magistrate had rower to commit for an unlimited pe-
Court granted the wt it.

THE ZINO U. M. A. C41t1.11.E.
Mr. F..,N.4 moved fur a rule to skew cause why the
gaoler of Gloncess.-r should nut allow the defendant the
use of air and exercise, mod give the some indulgencc to
ber as so other prisoner..
The Lord Chief Justire said, unless Mr. Evans brought
the matter before the Court as the foundation of nci •-
nal proceeding against the gaoler, they eOlll.l not enter-
tain it. Unless there was barbarity in the conduct of the
gaoler, the Coast could nut interfere with the internal
gu‘er iiiii vitt of the prison, which was regulated by Acts
of Parliament.
Mr. Evens did not impute barbarous behaviour to the
g• miler The defendant swore in her affidavit that she bad
woe the Rome indulgence as 11l hers.
The Court were of opinion that they could not interfere.

THURSDAY, JUNE

(MIDDLESEX MAGISTRATCS.-THE KIND V. COLLINS, AND

LSS.

Mr. Gurney was this dayhearidin behalf of Mr. Mills. one of
the defendants. The learned counsel contended, that the de-
fendants could not he charged with a corrupt audit e, and that
they nu4lit to base a new trial,
The Court then gave judgment, being unanimously of opinion,
that the defendants ought to have a new trial, on payment of
soate.

TUG KING V. lINATCIIBI'LL AND OTHERS.
The defendants were found guilty of a conspiracy to defraud
Mr. Worrell, of Bond-street, by representing that Mr. twitch-
bull, who is brother to Sir E. finalell6ol, the member for gent,
was _mitred to receive property, which, in fact, he had received.
The Common Sergeant and Mr. Platt were heard in support
of the application for a new trial. They contended that the de-
fendants had not been convicted rightly. There was no in-
ducement to commit the crime of which they were convicted,
because they had nothing to gain by it.
The Court said the conviction, as it stood, would render the
defendants liable to severe punishment, and, Ps it was a case of
eonaiderable interest, they should take time to consider their
judgment.

COURT OF COMMON PLEAS.
FRIDAY, JVNI. 21.
IS RE ISAACRSOS, CLARLI:, ASD BROOKS.
Mr. Sergeant Vaughan moved for a rule to show cause why
the names of lsackson and Clarke, two attornies of this Court,
should not he snuck on' the rolls, and why a person named
Brooks should not be attached, P• contempt of Court, without
haying been admitted. 'the learned Sergeant grounded his op
plication for a rule upon • long affidavit, which detailed the
proceedings of a trial that took place in this Court on the 12th
instant. It appeared that a political.' residing in Bow-street
brought au action against Brooks. to recover a sum of money that
had been deposited in his hands by the attorney to the publican.
—The latter, it was stated, had intrusted Brooks to Ming an
action for the recovery of a twin of money, which sum was re-
covered and paid into his hands, and to get it out of them the
publican brought this action. Brooks pleaded in defence to
that action, that lie was not an attorney, and that he was but the
clerk to Mr. Issackson, iii which capacity lie hail received the
money and paid it into the hands of his toaster, Mr. lsaackson,
and that therefore he waslilli liable. In answer to this defence,
evidence was called for the purpose of proving that Brooks had
for years acted and done business as an attorney , in Broad-cow t,
bong-acree. where his name alone appeared upon the door, and
where no person hut himself was ever seeti acting, and that he
was the only person known by the witnesses there for years,
and always known as an attorney. In reply to this ease Isaack-
son was called for Brooks, and he swore most positively that
the offices in Broad•court were carried on by him, and that
Brooks IV3B only his managing clerk. Some evidence was pro-
duced to prose that Brooks had been the managing clerk to
Clarke, the attorney moved against, until lie became bankrupt.
• document was put in evidence which was an appointment by
the publican of Isaackson fur his attorney in the case, and pur-
ported to have the signature of the publican. A variety of facts
came out in the course or the cause, however, which weakened
the testimony in behalf of Brooks, who, it appeared, was the
renter of the house, and was the petitioning creditor as well as
assignee to the estate of his !wrier 'ed employer, Clarke. In
fart, sufficient was known to induce the jury to believe that
Clarke and Isaackson were the mere names under which Brooks
carried on business •s managing clerk, and that they had no
real share in the business, hot merely lent their mimes to him
for the purpose of enabling him to act as an attorney of that
Court. The affidavit charged, that the document, purporting to
be an appointment by the publican of 'sank son as his attorney,
was a forgery. The Court, however, ordered that part of it to
he struck out, as they had no power to try the fact. The
learned Sergeant submitted that a rule should be granted to
/hew cause why the two attorne7a, Isaackson and Clarke,
should not appear under these circumstances to answer the
interrogatories put to them, and why they should not be struck
elf tbe rolls, and, as against Brooks, why he sbould not be
attached for contempt.
The Court, after having heard the case at great length,
granted the role to show cause.

PREROGATIVE COURT. Wenivz.n4v, JIVE 19.
IN THE GOODS OF HIS LATE INIA.IESTI%

The nitie•tion of jurisdiction, in tins ease of the soi-disont
Princess Olive, this day underwent a Polesmi argument of
flee boors. The Omit was crow ded to excess, and was
attends it by the lady, who :alne ioto Court richly ill nosed.
Dr. Dosi•on sittd. dist Ids trains d issue:, he thught,
had titles c.hiblidsel the prints fon whirls he contended
oil a fist tom day. WiSlo.llff to detain the Can't,
lie should add some (twitter observations in a case of so
bunch impot taller. Ills learned Intrust bad almost Sllth-
ei,ilily made out the proposil iiiii that the Kings of this
country had the power so make their will, mot disp..se-of
their private est ties, both real and pet Ronal ; and hating
looked into the best text writers on the subject, that dor-
t tine was etilifio tni-J. The first was (Ilene, one of the
olstrA test is titers, who laid down that es ely pcNoti, as
well as the Kind, load that power. Sw lobos tie, oil Wills,
laid down that evely nelson might make a will, inners ex-
ittesstly notion legal rolithition, as infants, lunatics, and
pet.otis godly or uotos ions crlmess. The Kong of the
realist he c,111141 hot tins proliiiiited under this general
descsip:ion ; the principle applied to etiry person, of
hatever tank or station. This cowls) be Iran ed as 10411..
dard law from the Saxon Heptarcliy and the Norman
Lonytiest. Dr. Dodson said it was the first object of

THE NATIONAL REGISTER

observance, both on the part of his learned friend and
himself, to proceed in the most respectful way to his Ma-
jesty in support of the royal dignity. They requested the
King's Advocate would point out a way that was more
respectful. The King's Advocate and Proctor, they Coll-
tended, had full powers to appear and defend all cases in
which his Majesty'. interest was concerned.
1)r. Haggard followed on the same aisle, and, after
going over the authorities cited soil relied on by his
learned friend, lie dwelt upon two wills made by Henry
V. The first was a private will, befine his son was born,
and other after his birth. By the second will the Dukes
of Bedford soil Gloucester were declined executors and
trustees ; but the Earl of Warwick, as in this case, was
appointed his protector.
Sir C. Robin (the King's Advocate) appeared under
protest to the jurisdiction of the Court, and contested the
proposition of Isis learned friend. on the other side—
naml ly. that the reiguing ltloliarch of this country could
he cited by the authority of this Court to appear person-
ally, er by proxy, to any process instituted, with a view
of making him it defendant. The Court was not bonittl to
take notice of this application, further than it concerned
the pleiogative of the Crown. The paper, if it was a
real document, had been kept hark fur 4) years in the
hands of the !tarty, an•d until no living evidence could be
brought forward as having witnessed or attested it. It
was to be supported upon die mere evidence of compari-
son of hand-writing, which was in itself inadmissible
There was something so marvellous in the whole history
of this person, that it was considered altogether incredi•
tile. This ambiguous paper, as lie should terns it, referred
to no specific properly of his late M ,jesty, over whirls
this Covet could give its operation. Suppose this Court
were to give r tl*ect to this instrument, by what power
could it be carried into execution? the King could not be
sued upon the decree of this Court, and therefore no fruits
could be directed front this Court's granting probate.
Dr. A•lams followed the King's Advocate, and con-
tended, that this party had no other remedy but as a
matter of grate and favour from the Crown, or by pith•
lion to the Court of Chancery. Was his Majesty to be
called upon to deliver up, and bring into this Court, all
scraps of paper relating to his royal father's property,
which may he in his possession? These were the conse-
quences of this Court granting its citation, that whatever
disclosure's were sought to be tussle must be brought be-
fore this Court, and through this Court before the eye of
the public, from thence to be discussed at tea tables and
111 catlee houses.
Dr. Lushingion replied. This paper, according to his
learned friend, if admitted to probate, could never be
carried into effect; because, in contending with the
Crown, it was placed under this disadvantage—it should
not be granted. Now such was the melancholy fact, that
whoever was opposed to the Crow"' in contending his or
her individual rights, would always be opposed to the
greatest difficulty, if not utterly borne 'loon. But where
;iris ileges, as in this case, were contended for, equally
valuable with those of the Crown itself. to think toat these
should he subjected to all the hot, :vs litgea of the law.
%hen, if the Clown acted V4llll a view• Iu want:4,les ttl.
justice, he should thick it would cot sent to the Sisal of
this eat's... lie hoped his individual sights should never
be opposed to the power of the Crutvii.
Sir J. Nichol sand; h.t should take time to consider the
case, and give pillow of on the next Court day.

MANSION-11011SE.

On Tlinrsilay last Mr. Crocker and Mr. Colman, Eam•
MUIR Councilmen id list end-street %Vat d, trailed upon rite
Lord Mayor, and she* ed to his LotAssiti. some Newspa-
pers, in which nn account had Maui pitt.lislit.tl, headed
•• the l'iagsie," and stating that that scourge had mane its
appearance it, suite of the Hospitals; that our tot Put had
died stutter decisive appearances ; and that in consequence
the flaspital had been closed, and all pelbollll excepting
medical men cat efeilly excluded.
The gentlemen tit-gently requested his Lordship that he
would take such means as wet e it, his power lit aseenain
whether there was any foundation in the Dinh ment, 11141,
it true, proper mu•a+errs might he taken; or, it it mined
out to be unfounded, that such a I,IIIIIIC cuuUadletu to
might be given to the unjustifiable mis-statement as would
pill it stop to the alarm that was cleated by it, and which
‘44% V11..1.11114: alit, tapidrty.
'1 he Lend Mayor said, that an immediate investigation
ought certainly to he made into so see isms a matter. Ills
Lin dslisp sent two of the marshalmen, Fogg and Lead bet-
ter, the suite to :.ft. 'llittmas's, and the other to St. Bartho-
lomew's Hospitals, with Pesti fictions to inquire of the
medical gentle men the truth of the sta'et,ttvtt that Mitt
been published, and also of the stale of the Hospitals.
Fogg and Leadbefter soon returned, and stated, that
having of the utediral gentlesnen at bulls illaers,
they had been assisted it, answer, that iii • Hosl•iuds wet e
never snot e free, at Such a period,fi mu infectious ilssemes,
nor wets fevers less prevalent than at Ilse present time;
nor hail they heard of any thing that could give the slight-
est foundation fia• pitch a repots.
The Lent Mayor expressed his surprise that any of the
conduct°, s of the public press should inset I a stAteinetti
franglit wills such extensive mischief as that complained
of, a ithoott taking care that it was properly authenticated,
particularly whets the truth might be 60 easily ascertained
in 20 tni ~,, tett or half an hour, by Inquiring at the Hospi-
tals spoken of.
BOW-STREET.
_

George Smith, an elderly 11;;;;;,;st shabby genteel ap-
pearance, was brought IbeisOre Sir R. MIMI', 0.1 ThirrA.l.l.
lest, charged with stealing thi ye es,:esise4 of Stet ne's set-
mons, the pl.iperty of Dl r. Hai Jr. 11, a bus.kselier, to lkd-
fOld-steseet, Covent Garden.
The proseentoi keeps a book stall in front of his house,
in thdttord street, and the prisoner was observed, attet
looking *11110,4 of the hooks ma the stall, to take the three
books in yiestion, and make of with them. lie was
stopped and taken into custody by a beadle of the palish.
He did not attempt to deny the tact. Inn begged for mer-
cy, on account, as be said, of ttiA age and unislet inne.
The prisoner, on being ask. rl to gise some account of
biro-elf, said he had been for many yCiti, a schoolmaster
of enmities able repute at Chien lett, but his Eyeoglit fail-
iog bun, lie was Obliged to give op that smut and
ser k sUlllt ott.er less agreeable, and he became gradually
reduced to the most e atresise poses ty. Ifts exile died a
shut t time ago, •ii.l he was even destitute of the means of
giving her a decent lanes sl.

,
be magi,ta Ile felt a great Ilea: of conunisera-
lieu fur the prasuutr, but the fact agaiust IMm was psra-