The National Register.
London, England, 1817-11-30 00:00:00

Tilt NATIONAL REGISTER'

LAW INTELLIGENCE.

GOURT OF KING'S BENCH, MONDAY, N0v.24.
THE PING ♦. JOHN CHURCH.

The defendant was found guilty at the last assizes before
Lord Ellenborough of an abominable assault upon a lad
stained Adam Foreman. Mr. Marryat moved for the judg.
silent of the Court upon him, and he was accordingly placed
upon the floor by the tipstaff : he bowed to their lordships,
and seemed to endeavour to conceal his face by hanging down
hi. head.
Lord Ellenbormigh read his notes of the evidence at the
trial. front which it appeared that the defendant had been
a popular Baptist preacher, attended by atarge congregation
at his chapel in St. George's Fields. his impossible to enter
into the details of the case. The following copy of a letter
was given in evidence, written by the defendant to a lady-
who had seceded from his congregation in consequence of
the charge :
" Dear Mrs. Hunter.—My heart is already but too much
affected—your letter only adds to my affliction. But I for-
bear to enter upon the painful subject, nor do I wish to
speak to any friend. Pardon toe, I make no remarks upon
the subject, though I am able to contradict three things
charged against me. Mr. Patrick I dearly loved, but why
should he hurt a poor family already but too much distressed
They are good and holy, and God will rewara them, but he
will deal cruelly by those who wish to persecute me. lam
truly sorry to lose you as a hearer, as your soul has been
blessed, and you know the glory of the Spirit and the love of
Jeans: may he still keep and preserve you—farewell, my
dear kind friend—the t.ord Jesus reward you for all yoitr
goodness : God is not unjust to those who labour in his vine-
yard of grace : be shall give Irs glory and happiness, and
unite us in that heavenly state when sin and death shall part
us no more. I need not remind yon, that lam a child of a
peculiar providence; if God be pleased to visit me for my
offences, he will correct me with his own hands, and willptinish
every other who shall attempt to assume his office. Accept
the best wishes of a heart siucere,' &c.
The reading of the report having been concluded, the de-
fendant put in an affidavit, in which he complained of the
great industry employed by his enemies to publish his dis-
grace and conviction. On the 17th of August, the day after
the trial, large placards were posted in all parts of the town,
Stating the offeace of the infamous John Church, the preacher
of St. George's-fields, and it was followed by an advertise-
ment of the trial taken in short-hand, with a preface aggra-
vating the crime to the utmost. Soon afterwards a pam-
phlet appea tot, purporting to be an account of the infamous
preacher John Church, and a second with the title of " The
Devil and Parson Church, or Birds of a Feather." The
utmost exertion bad been used in the dissemination of these
libels: they were sold at low prices, and went through many
edtions. The affidavit further stated, that the deponent was
a married man, with a family of children, his wife keeping a
school at Hammersmith, were 30 young and respectable
ladies were educated; and on the 31st of August, Mrs.
Church received an anonymous letter in these terms. " It
you have any respect tor the children under your care re.
!wive them from the house they are now in, that they may not
be present at the punishment ofyotir Jiiishand." A few even-
ings afterwards agree' number el persons assembled round the
defendant's boast; he in consequence was oblig, d to leave
Hammersmith, and from that time to the µresent, he stated,
that every possible means had been used to draw down upon
him the (ahem and indignation of the pnidie. He prayed,
the, efore, that the Court would take these sufferings into con.
sideration in passing sentence.
The defendant was asked whether he smployed any Coun-
sel ; hut he answered in the negative : lie tabu declined saying
any thing in his own behalf.
Mr. :Slarryat addressed the Celia on behalf of the prose-
cution.
Their Lordships consulted together for some minutes;
after which Mr. Justice Bayley pronounced the sentence of
the Court, which a as, the prisoner will be imprisoned in the
county' gaol of Sunny for two years, and that, at the expi-
ration of that period; lie give security for his good behaviour,
himsell in 3001. and two sufficient sureties in 2001. each, and
that lie be imprisoned until Weil security be given.
The tietendaut bowed very lowly, and left the Court in cus-
tody.

WEIJINLiDAY, N0v.24.
1110hOPOLY OF 011...--CRIMINAI. INFORMATION.
Mr. Searlett moved, that a criminal information be filed
against two gentlemen of the names of Herman Gerard Hit-
bers and iteplieo ider,by, on the ground, that they were cu_
Raged in a conspiracy, by illegal means, to raise the price of
whale oil. More than oue nitvidual had already suffered
the punishment of the law for an offence of a similar kind in
regard to oilier species of merchandise, and the affidavits
Sow produced, distinctly biouglit home the charge to both
the persons above named. It appeared that their object fur
the last two or three months had been to get into their hands
al, the whalo.oil in the kingdom, or to persuade those who
would not sell to them to hold the commodity until the value
in the market had been aognientcd riuto the usual average of
801. or 401. per tuu to 601. or 701. per tun. 'rite Court was
aware that Lim summary application had been previously re.
cognized in the case of the King v. Waddington, the pies.
Lion there arising whether hops, the at tick engrosssd, were or
were not a victual.

Lord Ellenboroligh.--" There waa a prior case of an agree-
ment to raise the price of coals."
Mr.Mcnrlett observed, that in the King, v. Waddington the
subject had l/eOll notch discussed ; rod in the result it was dc-
cadet' th it the crime was not eoafined to victuals, lon that at
conionto law, the rug? ossing of env article of genii al
'bawl..., and ronsioniition was an offence. Lind Kenyou
had held mat hops were a victual, but that circumstances
had determined the case. The affidavits in the present in-
stance stated that the purchases of Hilhers and Cleasby had
already been so considerable, that they had obtained pos-
session of nice tenths of the whole quantity of whale oil in
the country. They first applied to the Monumentality of
Mr. Cleasby, who, it was sworn, had strongly recommended
to one of the deponents to retain some oil he would nut sell,
stating, that he would soon he able to dispose of it at a very
advitnetd price ; and when the del lit objected that the
speculation ought not De ultimately beneficial, as the rise in
tie market would pieveni the exportatton, itleasby replied
(and his rIII!%el dt.clo,cd the whole tieciet of the ',Hueco,
that it be and Hauer% (lonia sill hlll halt the tiltatillit they
held at the price 111 who h tli.y should raise oil, they tuuld
to let the other halt run .11 the sea.

. .1 I Eliouu froii;tit. —" Ili—. you •'J where the
• ha. 1,..,14,j uu IIII"ruiitioo iu constryiitliceot it coll-
o I ALM the ;nice or AU al tb deal i) not a vlrl udi.•
• tett tclerred to tile King v. Waddington ; it thoic

happened, that an article was deemed a victdal, but the de-
cision of the Court was general, that it was an offence at
common law to engross any article of general consumption,
for the purpose of raising the value of it. Oil was a must
important commodity ; it was used in families from the high-
est to the lowest in all parts of the kingdom ; and if the
scheme of these speculators, or more properly conspirators,
answered, there was not a contractor in the whole realm who
would not be ruined."
In answer to a question from the Court, Mr. Scarlett added,
that in the King v. Waddington, the first trial did not em-
brace any before-hand bargain ; for that the defendant was
fined 5001. but the second, before Lord Kenyon, at Guildhall,
did include it, and the defendant being convicted generally,
was fined 5001. and imprisoned for 3 months ; all the par-
ticulars were detailed in t East, 167, Lord Ellenborough was
at that time counsel for the defendant. The question whether
bops were or were not a victual, was under scat. I and 3 Edw.
VI. repealed by a bill brought in by Mr. Burke in 19 Geo.
' 11l • so that any device of this port to enhance the price of
any generally merchantable commodity was left to the com-
mon law punishment.
Lord Ellenborough.—" Cleasby is, I believe a hroker."
Mr. Scarlett.—" He is a •hroker, but on these affidavits lie
appears to be a party otherwise interested in the event of this
contrivance. Cleashy and Hilbers are not general partners
in this instance all the purchases seeni to have been made
jointly. It is also sworn that besides the very large stock of
nil in their hands, they have entered into contracts
withithe owners of ships still at sea, for whole cargoes, so as
to keep the market up for a lung time ; and they have also
purchased all the pilchard oil of Devon, in Cornwall, which
ordinarily sells at 251. per tun, at the rate of 401. per ton, iii
order that the public may nut obtain any substitute for whale-
oil, and may be compelled to buy of them at the prices they
shall dictate." .

_ ......
Mr. Justice Bayley.--" Are there no instances stated in
which these persons have endeavintred to prevent other
dealers from bringing their oil to market ?"
Mr. Scarlett answered in the affirmative ; but this part of the
charge most particularly applied to Mr. Hilbert. Although
the affidavits did nut contain any positive declarations on his
part, heard by the very persons deposing, yet the evidence
was still so satisfactory as to leave no doubt upon the sub-
ject. Persons interested in defeating this system, hearing
that Hilbert had been at Hull, dispatched their attorney,
Mr. Knight, thither ;and he discovered that all the dealers in
oil had been collected at a meeting, whei e Hilbert had told
them, that it they would follow his example and advice they
would be able to bring the quantity remaining in their hands
to a very advantageous market. How 111411 y persons were
present did not appear, bin Hilbert proposed to them a con-
tract for purchasing one half of all their new whale oil, at
391. per tun (the average price being then only 351.), stipu-
lating on his part that he would not sell airy oil in that town
before the Ist of Dec. at less than 561. per tun, and they on
their part 3CFCCiIIg not to sell any at a less price than 451.
per tun. Hilbers also undertook to purchase at 441. all the
whale oil remaining on their hands on the lst Dee, This was
the nature of the engagement, though Mr. Knight could not
persuade any of the parties who had entered into it to make
affidavit, lest they shonid be considered parties to the crimi
nality. A Mr. Jones, however, who was well acquainted
with the oil trade, hail distiactly sworn to his knowledge, that
Hilbert did enter into large contracts at Hull and other
out-ports, to purchase oil for the purpose of augmenting the
• price to 601. per tun; and cenversations were sworn to with
Cleasby, on 'Change, who asserted that be and Hinters had
engaged for ROO tuns in London, and declared with au oath.
that their object was to augment the value to 701. per ton.
They had already su fm succeeded as to force the market to
631. per tun.
Lord Ellenborough—" To what ports do the ships engaged
in the South sea fishery come
. .

Mr. Scarlet.—•• 1 believe they nre confined chiefly to Lon-
don, and the Greenlandtnett go to Hull." . .

Mr. Justice Briley.—" Some of the ;hips put into Poole,
and some to Whitby, but they a►e comparatively a very small
number. A great majority of the Greelantkmen go to Holl."
M.Scarlett continued.--The great object of the devisers
and executors of this scheme was to make their purchases in
the winter, and the contracts for lighting the lamps of the
different parishes of the metropolis, and in the principal
towns in the country, having been made in tlie summer,
when oil was comparatively cheap. inevitable ruin must await
the contractors, and the article must be had at any price
these parties think tit to put upon it.
Lord Ellenborcingli.—" Has not gas, in a good measure, li-
mited the use of oil

Alt. Searlett.—" I hope that it soon will supersede it ; lint
at present the expense of gas is rather higher than that of

Lord Ellenhorongh.—" Have you any affidavit to show the
extent to which this system has been carried already f"
Mr. Scat kit said, that in October, Cleasby had declared
that he and Hillicis had engrossed nine tenths of the oil of the
kingdom; adding, with an oath, that the London merchants
should he obliged to come to them at any price. Among
other documents, the learned Counsel was provided with a
letter, written by Cleasby to a party who, it should seem, had
refused to fultil one of the contracts made by Hitheis with
him : it was dated the 31st Oct., in which Cie:ashy observed,
" I have seen Mr, Hilbets, as your Mr. H-- wished, on
'Change: ; he will not listen to any thing but your fulfilling the
contract by delivering the oil, or paving the difference to
him of 1101. per tun, at which it was sold this evening ; he will
not receive any deficiency at less than 631., though he would
rather have the oil itself; ace°, ding to the contrast. If an
answer be not seut to-marrow looming, this will not be
binding, and he will insist upon 631. per tun." Mr. Scar-
lett submitted, in conclusion, that the case was as strong as
it could possibly be against Cleasby, and that no specific
declarations by Hilbers were sworn to, his positive acts
spoke fur themselves, and were sufficient evidence of his

LOrd Ellenborough.—" Take a rule to show cause."
THE KING V. T. J. WOOLEN.

Thursday.--In the Court of King's Bench, thr Attorney
General addressed the Court in opposition to a rule obtained
by the defendant, to show cause vs by the list of persons Ham
ed by his Majesty's Cot otter and Attorney to form thr jury on
the trial of this information sbotelg not be cancelled, on the
mound that such persons have been innproptnly,il egally and
pat natty selected ; and 'shy the Sheriffs of tbe illy of Loudon
should not again attend his Maji sty's Coroner, mat a nen
list may be prepared. The leas fill Gentleman now prnilne
cil 4 courier affidavit, from C. 11. Loshington, F-sq. the King's
Co,Cou.uer, refuting the circumstances on nlllOlllll. charges of
the defendant Were pounded, I s.pluitting the usual pi attire
of nominating juries, and denying that he had varied that
Iractice, bye

NOV. SO.

five than a desire to discharge faithfully the duties of his
office. Three other affidavits were read to the same effect.
The Attorney General then addressed the Court in support
of the affidavits, and was followed by Mr. Vl'ooler in support
of the rule, in which he strongly protested against the Master
of the Crown Office being allowed to name the jurors; if the
officer of the minister could name and call out the jury to try
an offender who was prosecuted by the servant of the minis-
ter, it would, he said, in fact be nothing more nor less than
enabling the minister to sit in judgment in his own cause.
Lord Ellenborough said, that such was the law, and after
the Judges bad each given their opinion against the rule, it
was ordered to be discharged.—ln the case of the King v.
Hone, the defendant made a similar application for a like
rule, but the Court refused it on hearing his affidavits.
TUESDAY.
Ihssenzstons Ltart.s.—The Attorney General prayed the •
judgment of the Court on J. Williams, a bookseller, residing
at Portsea, for printing and publishing a certain scandalous
wicked and profane libel, tending to bring the Christian reli-
gion into contempt, called a " Parody on the Litany." The
defendant had suffered judgment to go by default, and now
appeared to receive the judgment (dale Court. He was ask-
ed if he desired to have the libel read, when he answered that
he did not.

The affidavit of the defendant was then put in and read,
expressing his contrition for the offence of which he had un-
willingly and unintentionally been guilty.—The affidavit of
five individuals were put in, all bearing testimony to the ge-
neral good conduct and character of the defendant.
'l9le Attorney General having been heard in support of
judgment, Mr. Robinson addressed the Court on behalf of the
defendant, repeating the topics gone over in the affidavits.
The defendant was then charged apon another informa-
tion, for having printed another wicked and impious libel
purporting to be a parody upon the part of the church service'
called " St. Athanasiiis's Creed." The defendant bad suffered
judgment to go by default in this case also, and being asked he
declined pressing to have the libel read.
After the Counsel for the Crown had addressed the Court,
Mr. Robinson again spoke in mitigation.
Mr. Justice Bayley then prononnceil the sentence of the
Court, and in doing so commented in very impressive terms
on the nature of the offence for which the defendant had now
to receive the judgment of the Court. The sentence of the
Gunn was, that fur the first libel the defendant should be im-
prisoned in the County gaol at Southampton for eight months,
pay n fine of 1001. to the King, and at the expiration of that
time he should enter into recognizaece to keep the peace for
five years, himself in awl. and two sureties in 1,01. each ; and
that atthe expiration of his first Imprisonment, he should be
imprisoned for the second libel four months in the sense
prison.

The following annecdote of the late Princess Charlotte was
introduced by the Rev. Mr. Jay, in the discourse delis ered
at Argyle chapel, Bath, on the day of her interment. The
preacher vouched for its authenticity, having received it
from an undoubted source. About a month since the Prin-
cess was walking with her Royal Consort in the pleasure
grounds at Claremont, when she accosted the gardener, and
among many other questions asked if he could read. " Yes,
Madam," was the eply,(f..r she never suffered her domestics
to address her in any other manner.) " Have you a Bible ?"
No, Madam." "'then," rejoined the Princess, " Pll give
you one." She immediately went to the house, and returned
with a Bible, which she presented to the poor fellow, having
written his name in it, with these words subjoined, " From
his I rimed Charlotte."

TALLEVRAND AND B. CONSTANT.-•-A private letter front
Paris says," M. Benjamin de Constant has liquidated the de.
mound so unexpectedly brought against him, after a delay of
20 years, by the Prince de Benevento, immediately after the
demise of Madame de Start. Ills Notary, however, io %styl-
ing tile account, expressly statedto the agent of M. de To 'lcy-
rand, ' I am desired to acquaint you, that this is the Pei:o)rt
payment of the same debt ."fltis affair of trivial importance
to the public, has given rise to certain explanations and -
closures, whidi are not even without historical interest. M.
de 'falleyrand, on his return trom Arrived ut Paris
with :to Louis in his pot- kel '. his situation was forlorn and
hopeless, and he did not conceal front Madame de Stitch and
M. tie Constant his desperate and fatal resolntion, when this
feeble resource. should be exhausted. It was then that 'Ma-
dame de is.tael embraced his interests with her characteristic
al dour, and urged Benjamin de. Constant to write to the all.
powerful Barras in hi, favour. The Publicist accordingly
employed Ins influence in behalf of M. de Talley rand, ;end I
myself have seen M. Barras's answer to this aide Memorial.
It is incontestible, that the joint effort of Madame de Shia
and Monsieur de Constant mainly contributed to the advance.
'tient of M. de Talleyrand. Rams hinnclf acknowledges
it—he told a friend of mine yesterday, `reed mai qui of dowse
des addles a pas Altesse.'—Whea Ntadanie tie Stael was per.
secuted by Buimaparte, Talleyrand turned his back on her,
and M. de Constant prepared a ma.icrly publication against
him. Willing before printing it, to discharge his debt, Ma-
dame de Start apprized him it was already accounted for in
the pecuniary arrangements between the Prince, and herself.
In this late affair, M. de '['alley rand wrote immediately to M.
de Constant, and declared ' he was totally ignorant of the
precipitation with which matters bud been conducted,' and
added several similar courtier like phrases, but without ex..
pressing hO dissatisfaction at the circumstance. The Public
see in this affair another example of the pro. erbial cupidity
of his Chill'ACiel ; and a,ready, iii large chalk letters, has Wen
marked on his door, since his return to Paris, the following
allnsiou to his infirmities and vices.—' /loot liwical.'"

JEROIIIIB BUONAPARTE, according to an article from
`Vienna, visited that city on the titli inst. ace ompanied by one
of his aides-de-camp and general A batturci, with the eldest
daughter, and the second 'on, of his sister, Madame Murat,
and passed,the night at the hotel called the Croup of Hungary.
He bad obtained permission from the police, in order to make
several 'nucleases. He went away the nt xt morning, and re_
paired with his attendants to Madame Atitrat's scut at Frosch-
dud. In order to avoid all observation, he hired two car
Oates at Baden, with which he went and returned.
TeE MVIIDERS AT GODALMING.—A letter from Gtslalming,
dated Saturday week says—•` The bodies were intermit in our church-
yard. The coffins were made alike, covered with black cloth, and
carried each by six men with black cloeks. The body of Mr. Cl•en-
nel was thllowed by his friends and tau ,ervants, who had long been
in his employ; and immediately after t!.. ;II Mllowed the body of Eli-
zabeth Vi ikon, niourned also by her frioids ; the Coroner's Jury
closed the procession. funeral r- .itteinted by a great number
of persons, anti the grei • st order wrs p.eserved during the perform-
ance of the burial Keno.: The two time:lnnate prisoners were re-
examined in the prisori...ni remanded thr a further licating. A shirt
baring "ionic males of blood, was found on Friday morning, in dm
Apron of a mill at E-hing, about a mile from Godalunng, and is sup-
- carried • this

- - -•-- cum:, g :titres on amen the eltar244 of examined in the prison...al remanded tiara further heating: A shirt
• has g...14rd au lido' iu coose-rwoce or a eon- she defendant were wounded, apiaining theituial ptnettre having some marks of blood, waa Mural on Friday twirling, in the
o hibt• the w ill: Of au ;II it deal.) n.d a victusl.' of notoinatitv juries, and denying that he 11...1 varied that apron of a mill at E-hing, about a mile front Godaluting, and is itip.
• • tett rcierred to the hind v. Wadiliogton ,it therc practice, ur been actuated ly silty partialit
,y, Or any other um- post:Jointure barn carried there for more efficuvil concealment; chit
shut, howcvvr, *mot atprcieht be rositivFly
•