The National Register.
London, England, 1821-07-02 00:00:00

CAPON V. CROSS.

This was an actitMlticd at tite:Mings at Guildhall,
after last Term, when a verdict was given for the plain-
till—Damages ;tool. Mr. Marryat, on the part of the
defendant, moved the Court fora now trial, on the ground
of such vcrrtict tieing eontrary to et lattice. The Chief
Justice read his cotes of the evidence, and granted the
rule.

COURT OF COMMON PLEAS,
ASTEL p. WINTER.

This was an acli[iTiroultif;One month's board
and lodging of a lady and her child, at the desire of the
defendant, who is a general in his majesty's service.
Dix., Evans, the first witness called, stated, that she
lodged in the pl ,intiff's house, in Popin's-court,
street, durin4 the last year; she saw Gen. Winter come
there with Mrs. Mills and her child ; he looked at the
apartments for Mrs. Mills and liked them much ; he
agreed with the plaintiff's wife to pay 31. a week, for
board and lodging for Mrs. dills and her child.
This witness was cross examined at considerable
length by Sergeant Vaughan. The learned Sergeant's
examination went to impeach the character of the plain-
tiff's house, and the witness; but nothing appeared that
was in the slightest degree injurious to either.
A witness, who visited at the plaintiff's house, proved
that Mrs. Mills and tier child haul been boarded and
lodged there in July and August last.
The plaintiff's daughter proved that she saw General
IVinter come to the house with Mrs. Mills, and look at
the lodgings—she never saw him after.
Sergeant Vaughan addressed the jury for the defence.
‘Vinter, the learned Sergeant said, is a gentleman
of unsullied honour, and resists the charge because there
was no pretence fir charging him. The action was
brought because the plaintiff supposed General NVinter
would not have nerve enungh to hiee what is called the
exposure of a court of justice ; hut, if it were a just de-
mand he would not resist it, and being an unjust one he
was too brave to shrink front defending it. The learned
Sergeallt pin it to the jury, whether they would, on the
es idence they had heard, dcei,le against the honour of
his

r. Justice Park, in charging the jury, said, the de-
fendant might he a brave man, and a man of high rank
and siation—all was very probable; but could the jury
allow those cnti,ideral ions to discredit the evidence they
hail heard. The witnesses had passed through the ordeal
of cm,s-examination, and had conic out pure, and he
could not see any ve.e.on for discrediting the evidence
they had given. His Lordship observed, that the sum
sought to be rtcovered was 161.155.; but a small part of
it being money borrowed by Mrs. Mills, which General
Winter had contracted to pay, must be deducted.
The jury immediately found a verdict for the plaintiff
—Damages 121. tis.

yew.

-4..1
IkIANSION HOUSE.

CONSTITUTIONAL ASSOCIATION.—Wednesday last
having been api,ointed for the hearing of the inforoda•
tions against the Constitutiona: Association, the justice-
WOW was crowded to excess immediately upon the open-
ing of the doors, and the greatest interest in the event
was manifested both within and without the Mansion.
house. At twelve o'clock Mr. Sharpe and Mr. Murray,
attended by Mr. Stephens, the solicitor, Mr. Gould,
and a number of other persons connected with the so-
ciety, entered the room. They were shortly after fol-
lowed by Mr. Thackray, Mr. Parkins, and Mr. Hano-
ver, attended by several other individuals. Alderman
IVaitliman sat with the Lord Mayor, who appeased to
have suffered considerably from his recent indisposition.
The city solicitor sat on the bench with his lore ship.
Mr. Adolphus attended as counsel for Mr. Sharpe.
It was signified on the part of the prosecution that the
information against James Bulworth Sharp would be
that upon which they would first proceed.
'llse information was accordiugly read. It was that
of Joint Tyler, of the parish of St. Clement the Dane,
bookseller. It was dated the 13th of June, and Lived,
in effect, that J. B. Sharpe had become a member of a
tio6ely called the Constitutional Association, the mem-
I.ers whereof di.l assent to a declaration not required by
law, and which Society was an unlawful combination
or coutitletacy within the intent and meaning of the
39ili of Geo. the
I,lr. Sharpe pleaded not guilty to the information.
Mr, Thackray addressed the Lord Mayor in support
of the information. He commenced by saying, that his
Lordship had heard the information, and that if the
forms proscribed by act of parliament were not complied
with, the words of the etiactuient against such societies
as that he proceeded against were sufficiently clear to
render it unnecessary to enter Tutu any lengthened dis-
cussion upon then,. Before, however, he env red fully
into the suiject, he would bog to disclaim any know.

Wee of peisMial hoSillity or tiniiriosity towards the mem•
tiers of the assori..tion, to several of w hum he was bound
by ties of illt'llds'1:1), anti towards others by ties of dear
and near relationship, and he could not but severely
regret that: ails tVIIOIII he had the honour to be
connected should have placed themselves in such situ-
ations. lie disclaimed any other than those public mu.
fives with whien evvry subject ought alone to be actu-
ated. For himself and his friend Mr. Parkins, he
could say that they were equally hostile to the propaga-
tion of blasphemy and sedition with any in the king-
dom, and they lamented that some abuses of the press
should give plausibility to such all unconstitutional
association as that against which they proceeded. It
would be objected perhaps, that the act under which
they proceeded only comcmplited certain societies in
existence of the mow of its enactment (which were de.
scribed in the preamble of the act), and that n was now
in fact obsolete. tie must have been a short-sighted
legislator, who in c .rrecting present evils and abuses,
did not look forward to the prevention of future evils
and abuses. Ile contended that the legislature had, its
the enactment, contemplated the formation of societies
whose professions were plausible and praiseworthy—
pretended assertions of orders and abuses—in fact,—
" Constitutional As-ocianoo." lie proceeded to con-
tend, at great length, that the existence of outer societies
would form no argument iu favour of this, although
they might assent to declamations not required by law,
as they were excepted by the act, which was not in-
tended to operate against societies for religious and
charitable purposes.
The first witness called was Joseph Wilfred Parkins,
who was examined at great leogth, and stated that he
went to the office of the association, at No. 6, Bridge-
street, Blackfriars, where he s wv Mr. Sharpe, who gave
hint a paper containing an address to the public, and a
list of the additional sub,eriliers.

Mr. Adolphus, it) a speech of great iogenuity, com-
mented on the case, and the part of the information
which, he contended, was not supported by the slightest
esidence. The information was against Mr. Sharpe,
for having become " the Member of a Society, the
Members whereof (not Mr. Sharpe) did assent to a
declaration nut required by law.' No such declaration
had been produced, nor any evidence to show that
any such alteration had been assented to.—Hc con..
tended that it would be absurd to suppose that a society
like the Constitutional Association was within the
meaning of an act passed for the supplession of societies
meeting for " treasonable and seditious purposes," when
the rely address.' put in evidence as a " Declaration"
proved the contrary. After lenethened remarks, in
reply to the observations of Major Thackray, he con-
cluded by calling upon the Lord Mayor to decide,
without regarding any of the threats of proceedings in
other Courts that had been made use of. _

The City Solicitor, after consulting trial the Lord
Mayor for some time, declared it to be his Lordship's
opinion, that the tni.lence did not sapport the inform...
Lion which he therefore dismissed.
GU 11,Di' A lA,.
FORGED FIVE You ND Notes.—On Friday a young
mail, of respectable apt:earanc:, who gave his name
George Lee, together v. tilt a young female of genteel
appearance, who passed for his wife, but whose real
name was Elizabeth Brown, were brought up before Sir
.1 Perring, charged with uttering ton forged 51. notes.
From the evidence adduced it appeared, that the pti-
sutler. had taken an apartment as married people, which
the pregnant state of the female seemed to confirm, at
Nn. 16, Frederick's-place, Goswelbsireet-rnail. In the
course of Thursday last, they, in company together, had
obtained from Mr. Dowdney, of 105, achlersgate-street,
tailor, a suit of clothes for the male prisoner, to the
amount of 41. 10s. and at the house of :Mrs. Macfarlane.
of St. John-street-road, sundry articles of kitchen hunt-
lure, value 11. I Is. In both instances they had directed
the goods to be sent to the above address, with change
fur a 51. note. %Viten Mr. Dowilney's servant took the
clothes, he was shewn up into a room, where be saw
both the prisoners, delivered his goods, and received a .51.
note in payment, which on his return was discovered to
be a forgery. Sonic time was boat in looking fur an
officer, and upon application at the house hi Frederick's.
beace, they subsequently learnt that tile place had only
en taken that morning, and that the parties were gone
away. Lest th:s trick might not answer twice at the
same place, means were taken to countermand the deli-
very of the goods ordered at M rs. Macfarlane's. The
MAC prisoner called there again in about a couple of
hours, to desire they IMAM not be sent, as they should
be from home, and that he would call again In this
interval a fresh lodging it seemed had been procured at
No. 6, Lower Smith-street, Northampton-square, and
between eight and nine o'clock Lee again called at 'tl •
Macfarland and ordered the goods to be sent mu that
direction, stating as an excuse that they were intruded
as a present.- The goods were sent accordingly, but the
servant who took them was stopped in the s,reet by the
prisoner, who received the change, giving a 51. note in
payment. In both instances the prisoner had endorsed
the notes with the name " Mr. Thompson." Ott this
evidence, and that of Mr. Glover, the inspector, who
declared both the notes to be forgeries in all respects.
Mr. Maynard, the Bank solicitor, requested that both
the prisoners might be remanded, as he had other
charges to prefer against them.
Sir J. Petting hesitated with regard to the female pri-
soner, there being no eeidence to implicate her, besides
the bare fact of her having been present am the meme
of the goods, and of the uttering of the note. to both
instances.

Mr. Maynard allowed that ho could not call for a
final commitment upon the evidence alone ; but, as lie
had no doubt of being able to add other and intone( r
evidence of her guilty knowledge, he trusted there were
litifficiesst grounds to warrant too magistrate in reniatid-
ing her for another examination.
The prisoners declined saying any thing in their
defence at present, awl were accordingly remanded for
a week.