The National Register.
London, England, 1821-09-02 00:00:00

CIVIL SIDE.

CROYDON, AUG. e7.—Gaineg and others v. tang-
lands.-1115 was an issue out of the Court of king's
Bench, to try, first, whether the signature to the warrant
of attorney, bearing date ilith April, 1821, for 2141. 13s.
purnorting to he signed by the p aintiff,Thotnas Gurney,
was false and forged; and second, whether at the time
of the supposed execution of the said warrant of attorney
the sum of 001. was advanced and paid to the plaintiff by
the defendant. . .

This case excited conaiderable interest. It lasted from
from ten in the morning until seven in the evening.
The Common Sergeant, Mr. Chitty, and Mr. 'ninon,
conducted the plaintille case; and Mr. Marryatt, Mr.
Gurney, and Mr. Sergeant 'faddy, the defendant's. A
A great number of witnesses were examined on both
sides.

The prominent circumstances were these :—The
plaintiff, Mr. Thomas Gurney, is the son of the Rev.
%Valiant Gurney, Rector of at. Clement's Danes, and the
defendant is a widow, carrying on the business of a car-
penter and upholsterer at Epsom. In 182 u the plaintiff
set up business as a schoolmaster, at Epson), with a small
capital. The defendant had furnished his house, and he
owed her 1601. 9s. as the amount of her bill. The plain-
tiff had become embarrassed in his circumstances, and on
the defendant pressing for payment of her account in the
spring of the present year, he, with the consent of his
(Titer creditors, gave her three bills of exchange for 501.
each, payable respectively three mouths after date. These
bills having three mouths to run, it was alleged that on
the Ifith of April the defendant, accompanied by her
son and one of the persons to Whont she indorsed one of
the bill went to the plaintiff's house, and prevailed
upon him to execute a warrant of attorney in lieu of the
bills of exchange, she undertaking to take uu the bills
when they became due; that the plaintiff• agreed to do
so, provided the defendant paid flown 501. in cash, which
suns was to be included in the warrant of aunt ney.—
The defendant accordingly paid him 501. and be exe-
cuted the warrant of attorney in question lor 214. 13s.
including the ex pence attending the same. In two days
afterwards the defendant entered up judgment upon tne
warrant of attorney, and took out an el‘eCUtioll 4gainst
the pl efT•ct. When the sheriff's officer went in,
the plaintiff declared that he had never executed Lny
warrant of mummy in the defendant's favour, and that
if she had any purporting to be signed by him, it was a
forgety. Upon tins fact being solemnly stated, a motion
was made in the Court of King's Bench on behalf of the
plaintiff, by the rest of his creditors, fur the purpose of
having the warrant of attorney delivered up to be can-
celled. Ou that occasion the plaintiff solemnly swore
in his afli lavit that he had ties er executed the warrant
tof attorney in question, and that the signature thereto
was a forgery. In this affidavit he was joined by several
other deponents, who swore Irons their Knowledge of his
hand-writing that the signature was a forgery. On the
other hand the defendant and other persons swore so-
lemnly that the plaintiff hail executed the warrant of
attorney, and had been paid 501. as above stated.—Upon
these contradictory facts the Court of King's Bench
directed this issue to be tried. The substantial issue
was, whether the warrant of attorney was or was nut
in fact a hugely.
The first witness examined was the Rev. \V. Gurney,
Rector of St. Cleniei:t's Danes, father of the
who deposed that his son is now, he thinks, 27 or '2B
Yeats of age. He is SCheol-illastcr at Epsom. lie set
up an academy there at :Midsummer, 1618. \Vinoess
taught his son to write; brought him up till he nas 14
years of age. Witness hiwaril kept a school till then.—
A >ter that time his son went to Suho•square sense'; he
is perfectly Semi: Moot unh his son's hand-writing
at the warrant or attorney, noW produced, he is perfectly
SallsMd that the signatures are not his son's hand-writing.
Ile has no instiation in declaring upon his oath that
it is not hit sun's perk ))))) ance. lie calls his perform-
ance, because it is done slowly, and with the appearance
of 41141110 U. His sun is nervous and always writes
qtackly.

Cross-enamined.—After his son left school he became
clerk in the invalid-office, in Craven-street, where he
staid until 19 years of age. The plaintiff was afterwards
in the coal business in Grafton-street, Newman-street.
He was married before the age of 21. After a time he
retired from business. The fact was, he became hank..
rupt. Witness is not sure he took the commission out
against his sun ; he thinks he did not take it out. Upon
recollection, he thinks he struck the docket against hint.
His son got his certificate about two years afterwards.
He was not long in business as a coal-merchant—say a
few months. Alter that he went to reside at No. 310,
Strand. His estate paid no dividend. His debts did not
amount to more than 2,0001. The plaintiff lived a year
and a half at Epsom. Witness does not know that his
debts there amounted to 12 or 14001.

Edward Thomas Holton, brother-in-law of the plain-
tiff, Robert Durham, secretary to the vaccine institution,
Golden-square, Mr. Scott, an engraver in the Strand,
and several other witnesses, swore positively that the sig-
natures to the warrant of attorney were not an the haud-
writing of the plaintiff, but forgeries.
Miss Scoles. a young lady who lives with the plaintill
and his wile ; Amelia Falk, a servant of the plaintiti;
and John libber, a fuotboy of the plaintiff, were called
to prove that at the time the defendant, her son, and the
indorsee of one of the bills, called urm the plaintiff, on
the Huh of April, it was dark, and that they did nut stay
lung enough for the plaintiff to have possibly executed
the warrant of attorney.
Mr. Marryatt, in an able and powerful defence, 'treed
the improbability of the story told on the part of the
plaintiff, inasmuch as it implicated no less than six
persons in the crime of forgery without any motive
whatever.

Be then called Laurence Langlands, the defendant's
son, Mr. F. Salmon, Mr. J. Blake, Mr. Bird, one of the
indorsees of the bill, and several other witnesses, the
effect of whose evidence was to chew that the plain-
tiff had been very much embarrassed in his circtimstanceso
that the delendant, apprehensive that the bills wonlil not
be paid at maturity, called upon him to execute the
warrant of attorney iti question, by way of collateral
security; that the plaintiff ageed so to do on condition
of receiving the sum of 501. down in cash ; that this
agreement took place before the 16th of April, which
day the plaintiff himself appointed to perform his engage-
ment ; that a warrant of attorney was accordingly pre-
pared, merely for his signature, and that on that day in
the evening the parties called upon him, whets he ac.
tually signed the warrant of attorney.
Long befOre the defendant's case was closed, there
being upwards of twelve witnesses remaining to be
called, the foreman of the jury interposed and said,
that their minds had been long since made up, that
there was no question to try, and a little before seven
o'clock they delivered their unanimous verdict in favour
of the dekaidant.
_ . .

BANK OF ENGLAND Paosectrrtorkr.—Job Oving
ton, a young man, aged 18, the son of a respectable
dissenting minister, was indicted for uttering to Joseph
Mason, at Clapham, on the efith of March, a forged one
pound Bank of England note.
The unfortunate prisoner, when called upon to plead,
denied his guilt with the greatest vehemence.—He was
found Guilty.
The unhappy father was in court during the trial, and
on account of his respectability the jury recommended
the prisoner to mercy.
CROYDON, A uo. 29.—The Assizes for this County
finished to-day, and here ended the Home Circuit.
CIVIL SIDE.
HUGHES V. COURTENAT.

This was an action to recover the sum of 401. the
amount of a bill tun up at last Epsom Races, at the
house of the plaintiff, who keeps the Spread Eagle, at
Epsom.
It was proved that the defendant, a lady going by the
name of Mrs. Courtenay, put up, with her carriage, four
houses, and servants, at the plaintiff's house during the
race week, and incurred a bill of 101. in giving dinners,
&c. to parties. She lived in a handsome dashing style,
and was a great belle on the course. On going away,
however, she forgot the ceremony of paying the plain-
tiff's demand, and the present action was the conse-
quence. There being no defence, the plaintiff had a
verdict for 401.
HORNS V. FAIR AND ANOTHER.
This was another action against the defendants, as in-
habitants of the Halt Hundred of Brixton, to recover a
compensation for the damage sustained by the mob to
the plaintiff's house during the illumination for her late
Majesty in the month of November last. I'he plaintiff
proved that the mob had broken his windows to the
amount of 21. lOs. for which sum he had a verdict.

FOXALL V. BANKS AND OTHERS.
This was at, action of trespass for seizing and carrying
away (it) loads of lime, the property of the plaintiff.
Mr. Marryat and M r. Tinton conducted the plaintiff's
case, and Mr. Gurney and Mr. Hutchinson the defend-
ant's.
The plaintiff was represented to be a professional gen-
tleman of great respectability, who had purchased some
land in the Commercial-road, near the Surrey-canal, and
commenced building several houses. Being in want of
some lime, he purchased a quantity to the amount of
581. of the defendants, who are lime merchants, and
they delivered it upon the premises, to be paid Mr on
the usual terms. 'Die defendants, however, fur sonic
misconception as to the plaintiff's solvency, thought
proper to remove ille lltoe abler I,lllc Of it Lill iwetl
because the plaintiff would not pay down ready-money,
contrary to the terms of the bargain.
On the cross-examination of the plaintiff's WiIIICSMF,
it was proved that the defendants were induced to give
the plaintiff credit upon the representation that lie was
Mr. Foxall, the respectable clerk of the Vintners's Com-
pany, a gentleman of known property:—and in fact the
plaintiff had been recently before this transaction dis-
charged under the Insolvent Debtors' Act: that he was
no more than an Attorney's clerk, and not in circum-
stances to pay any large

stances having come to the knowledge of the defendants
that his character was neither so respectable nor so re-
sponsible as they had been taught to believe, they waited
upon him to request that he would give them security
for half their debt, promising to forgive him the remain-
der, and that in consequence of his refusing so to do,
they were obliged to take away the lime for which they
had not been paid, and for which they had no apparent
prospect of receit ing payment. On this state of facts
the plaintiff brought his action of trespass.
Mr. Gurney, in addressing the Jury for the defendants,
admitted that the trespass had been committed, which
would entitle the plaintiff to a verdict, but he would
put it to them what damages they would give him under
the circumstances disclosed in evidence. He animad-
verted in strong terms upon the conduct of the plaintiO,
and contended that one farthing would be liberal da-
mages in such a case.
The Jury, under the Learned Judge's directions, found
their verdict for the plaintiff.—Damages one farthing.
NORTHUMBERLAND.

MALICIOUS CUTTING.
FRIDAY, AUG. 24.—George Main, aged 59, wascharged with having on the 231 day of May fait, mali-
ciously. cut Isabella Mau, his wife, with intent to mur-
der her, in North Sh elds.
Messrs. Losh and Cresswell conducted the prosecu-
tion. The prisoner hid no Counsel.
Mr. Losh stated the circumstances, which was not
folly proved in evidence. The prisoner and his wife had
been married upwards of 30 years, but for some time
they had not lived together. On the 33d day of May
the prisoner came to the house of his wife in the even-
ing, as she was shutting her doors. On seeing him she
cried out murder." lielaid hold of her, stretched her
on a table, and repeatedly attempted to cut her throat.—
She held her hatids up to protect her titroat, and he-
liands were cut. Ile afterwards said that he was exr
treoncly sorry that he had been prevented irons putting
her in death.

The prisoner in his defence told a long story of his
family quarrels. IVheit he had come home from sea,
his wde seemed to he happy to see him, and he was
happy to see her. He wanted only to live peaceably and
Ininfortably, but she would nut let him live in peace.—
On this night he wanted her to let hint stay with her
and be com!eirtable with her, but she would not. He
was so distress-4 anti deranged in his mind that Ise knew
not what he did. He had no witnesses.—Guilty.

Volta.
TTY
MANSION HOUSE.

Disturbance ix the Catholic Chopel.—Right to charge
Money for Admission. The beadle of the new Roman
Catholic Chapel, in Nfoorfields, was summoned by the
Lord Mayor, on the complaint of Mr. Bromley, a re-
spectable citizen, on a charge of having committed an
assault upon hint during the performance of the service.
Mr. Bromley stated, that on the afternoon of Sunday
last he went to see the new Roman Chapel with a child
of his. On entering the door, he was beset by persons
with plates, who demanded a contribution in a manner
that was not customary in such places, and he refused
to give any thing, particularly as he hail no intention of
staving, but merely wishsd to see the interior of the
building. On his entering the Chapel, a person de-
manded three-pence for his admission there, and inn-
mated, on the demand not being complied with, that
the complainant had the alternative of going out, if he
did not choose to pay.
The complainant answered, as it was a place of public
worship, no one had any right to make such demands;
he therefore refused either to pay or to retire until it
suited him. The dispute occasioned a crowd of the
congregation to gather round them, when the complain-
ant's child expressed that it would be suffocated by the
heat, and the complainant accordingly, unwillingly ele-
vated it in his arms. This circumstance appeared to
rouse all about him to a most serious ferment. They
were mostly of the lower class of Irish, and spoke
sharply in their own language to the complainant. The
organ was stopped, and all was at a stand. Whilst he
was thus surrounded, the defendant came up to him,
and presenting his mace of office, first desired the com-
plainant to pay the money asked by the seat-keeper, or
to go out, The latter refusing, the beadle seized him by
the collar, shook him, and dragged hint inreiblv out.—
Two other gentlemen, who were present, and interfered
in behalf of the complainant, were likewise ejected in
the same manner. For the assault which had been
committed upon him,the complainant clalmed the inters
letcuce of his Lordship, not as a private, but as a public
matter, and to show the parties they were not justified
either in exacting money for admission, or in forcibly
expelling any one who conducted himself peaceably in
a place of public worship.
Mr. J. H tliige, of Princes-street, Finsbury-square,
stated that lie went on Sunday afternoon to the entrance
of the Chapel, when Ile saw the whole of the affray,
which he described much in the same manner as Mr.
Brumley had done.
Another witness corroborated the statement made by
the cotuplainant and the last witness. lie had himself
contended fur the right to enter the Chapel without pay-
ing,. and, we understood him, was ejected.
Ihe Beadle in his defence, admitted that he had
turned the complainant out, but. it was as much to pre-
serve the peace as any thing else. The fact was, that
the founders of the chapel had an outstanding debt,
which they wished to pay off; for which purpose they
were under the necessity of raising some money at the
doors. Tne complainant had certainly been told that
unless he paid the regular fee he could not be allowed to
remain there, and on his refusing he hail certainly been
put out, but with no more force than was actually ne-
cessary. lie contended that he was perfectly justified in
acting as be had done, particularly as it was to preserve
the peace of the chapel, which had been broken by the
conduct of the complainant, whotu he charged with
having actcti indecorously.

THE NATIONAL REGISTER

Several of the assistants and of the congregation came
forward in support (of the beadle. None denied the
principal facts of the case, that money had been de
mantled, and that the complainant had been turned out
on refusing. Since it was curiosity and not religion
which took the strangers there, they saw no reason why
the visitors should not pay for a comfortable seat, if it
were provided for them. They asserted that the com-
plainant and his witnesses had brought the whole upon
themselves by their indecorous conduct. This led to a
warm altercation between the parties, in the course of
which the beadle declared, that if he caught the first
winless at the chapel again, he would turn him out in
the same manner as he had done.
The Lord Mayor was decidedly of opinion that no one
had any right toexact money in a place of public worship.
The way to preserve the peace was not to tom out per-
sons who did not choose to submit to exactions in the
manner it had been sworn the beadle had turned out
Mr. Bromley. But as the latter brought the matter for-
ward on public grounds, and not for the personal assault,
he would probably forego a prosecution, if the satisfac-
tion of an apology were offered.
Mr. Bromley said he was perfectly willing to accept
of a written apology properly worded.
The Beadle positively refused to make any apology
whites er.
The Lord Mayor then ordered him to find bail to
answer for the assault which had beets sworn to.

The Beadle having no oite present to bail him, was
given into custody.
MARLBOROUGH STREET.

DROPPINU CounkEN.—Williain and Mary Tom-
boson were brought before G. Farrant, Esq. charged by
the parish officers of St. James's with leaving two chil-
dren exposed in the street, and deserting them, on the
20. h of June, M.:0.-MG Rice, solicitor and vestry
clerk, accompanied the parish officers, and it appeared
from their statement, that on the day named two infant
children of the defendants' and Francis) were
left by the toothier and another woman suspended from
the knocker of the door of Mr. Knight, of Great Marl-
borough-street, in a basket. The parish took charge of
them, and placed them out at nurse at Wimbledon, and
until within a few clays their parents were nut known.—
Bat the natural ties of parents to their offspring were not
quite extiuct in the mother, whose frequent visits to her
children as their aunt excited suspicion, and un enquiry
being set on foot she was found out to be the mother.—
The children were passed to Lambeth parish, where
they belong, and the defence of the arents was poverty.
They were remanded to St. James's workhouse, until
the woman who was with the mother of the children can
be brought forward.
Toosey, who stood charged with defrauding a
maltster at Farningham, in Kent, of a quantity of malt,
pretending that he was an agent to Messrs. Satchell and
Co. brewers, was committed to give 24 hours notice of
bail. _ _

STEALING.—On Saturday,
Martha Dowd. a young woman about 2I years of age, was
finally examined, charged with stealing Louisa, the daughter of
Mr. J. Smith, of Queen Street, Clerkenwell, u child tive years of
age. About half past seven o'clock on the preceding Sunday
evening the prisoner was seen by a young woman to beckon the
child to her front where she was sitting at her father's door across
the street; the child went to her, amt she took her by the hand
and led her along Percival Street and Doswell Street Road, where
she took the child up in her arms, and was walking very fast
towards Islington ; the child began to cry, and desist her to put
her down, as she wished to go home: the prisoner shook her, and
told her to held her tongue; the road was full of passengers at
the time, some of whom noticed the behaviour of the prisoner to
the child, from which they suspected she was not her own, and
she was questioned; she said the child was in her care, and that
she was taking it home ; but the child, on being asked, said she
did not know the prisoner, that her name was Louisa Smith,
and that she lived at 2, Queen Street, which was in a contrary
direction to where the prisoner was going. On the prisoner
being searched, they found several pawnbrokers duplicates for
frocks. &. supposed to be stolen from other children.—The pri-
soner was committed fur trial.

BOXING.
The battle between Dick Acton, the fighting
craftsman, and Ncd Evans, the brick-maker, took
place on Wednesday last, for 2U guineas, on the
Watford road, and although the ruin fell in torrents,
the road to the field of blood was thronged with
drenched amateursof all sorts. Acton is a promising
pupil of Eales, and the brick-maker, who had floored
all before him, was upon such goad terms with him-
self, that on the evening before fighting, he sent a
a polite message to his antagonist, tOr an undertaker
to measure him, and have the box ready. Eales and
Paddington Jones seconded Acton, end Toni Oliver
and Scroggins seconded Evans, who was backed at
5 and 6to 4. It was a good fight of three quarters
of an hour, and from the rain and dirt it was hard
o tell them apart. _

In the Ist round ilvans, who was rather the heaviest, rushed
upon his adversary impetuously and ran him down.
2. There was sonic good, steady, and equal fighting. Several
blows were exchanged in a rally, and both went down.
3. Evans had a slight advantage, and blacked his adversary's
eye, but he received a heavy return upon the jaw, and made
some Grimaldi faces. Acton was thrown in a close. Even on
Evans.
4. Evans received a doubler.up in the mark, and he broke
ground to recover himself; but his adversary awake to his dis-
tress, went up to his head gaily and floored him by a muzzier.
6. and 7. There was but little fighting fr,nii exertion, but
strength gave Evans something best.
8. A good and equal fighting round, and Acton was thrown.
9. Decidedly in favour of Evans, who Out his adveli-ary
rushing in, by a Lush hit upon the nose, which dropped Lunt
cleanly.
It was all in favour of Acton after this, as Evans had all the
fight taken out of him, and only stout up to become receiver-
general.
In the 15th round Acton was piping, and ficeviggins sang out
to his man " go in ;" the watch-word from F.ales was " be ready,"
and so lie was. Evans was met by a Rush bit on the front of the
head, which spoiled hint, and Acton won the battle iu four rounds

279

MONTHLY AGRICULTURAL REPORT.

In the most forward districts, wheat harvest com-
menced about the 13th, but generally it will be full ten
days later, and in the north, September will rather be the
harvest month. The quantity of straw is said to be large
in most parts, but from the spring and early part of the
summer being unfavourable, and the subsequent beating
down of the corn by the rains, the wheats have received
consitlerabls damage, and, it is now said, will not prove
an average crop, with the additional misfortune of the
quality in all parts beingmore or less deteriorated by tt.e
oiseases consequent upon such seasons as the present—
mildew and smut. Maley, pulse, and tares, are expected
to be full crops; oats more generally light, and the hay
harvest, northward, has been also light. After•grass
universally plentiful, from the rains which fell last
month, benefiting equally the turnips and potatoes, both
which are now promising crops. Of the hops, accounts
vary so much, that they deserve little attention , the fair.
est presumption may be, that the crop will be (nil as large
as at present estimated• Live stock of every kind con-
tinues in the utmost plenty, every where fully equalling
the demand at most reasonable and still declining prices.
I.Vool very dull in sale in most parts, in others mending;
notwithstanding, a fine sample from Vaudieman's Land
has lately fetched the extraordinary price of 10s. 4d. per
lb. a price greatly beyond the hest Saxon or Spanish, and
a most encouraging specimen of production from that
must thriving and promising colony. The depression
among the tenantry is at no rate mitigated by the pros—
pect of the wheat crop ; and some over anxious apecu
lators go so far, as to augur an inundation of foreign
corn in the ensuing year, an apprehension for which,
at present, we can discover very little grounds, even
should the crop on the ground fall considerably below an
average. Toe cultivators on the Continent are under a
similar depression with our own, and prices sinking
daily. Their crops have also been affected in a similar
manner by atmospheric vicissitudes. The beautiful
weather which we have had for some time past, will.
prove immensely beneficial to the country.