The Sun.
London, England, 1824-08-30 00:00:00

MAGISTRATES' CHAMBER, AYLESBURY..

-----
ADJOURNED QUARTER NP.SSIONS, AUG. 21.
Present—Hon. Robert Smith, Sir J. 1). King, Bart., Rev.
Sir George Lee, Bart., Colonel Brown, Rev. C. R. Ashtield,
Rev. J. Archer, Rev. C. Tumor, Col. Ward and Mr. Raper.
,EXTRAORDINART CMOICTION UNDER TILE NEW VA-
GRANT ACT.--Inifie Magistrates' Chamber on Saturday, the
case of the two Baptist Ministers from Newport Pagnell, con-
victed of having collected money under false pretences, was sub-
mitted to consideration. The discussion was in private. The
Court having no jurisdiction, the merits Of the case, we under-
stand were not debated ; but the Magistrates, it appears, evinc-
ed much kindness towards the prisoners, directing that they
should be left to choose their labour; and, in contradiction to
the rules of the House or Correction, giving an order of admis-
sion to their friends. As to the' expression of the individual
opinions among the Magistrates on this occasion, we think it
more respectful to the Bench to abstain from inserting the va-
rious reports which have reached us, especially as we believe
that a great spirit of humanity and good feeling was on all
sides exhibited.
An agent of Mr. John Wilks,aolieitor for the Society in Lon-
don for. the Protection of Religious Liberty, was at Aylesbury.
on Tuesday, for the purpose of taking the depositions of the
prisoners, with is view to procure for them a writ of habeas corinis
The depositions were accordingly taken ; hut an order from
the Rev. Mr. Lowndes, the committing Magistrate, for the
liberation of the prisoners, reached Aylesbury on Wednesday
morning; and of course the law proceedings that were in con-
templauon will now assume a different shape, and have s more
important end. We rejoice to find that the committing Magistrate
has thus,:though rather late, been led to perceive his error, and
do all in his power to remedy its effects. In mitigating the se-
verity of his sentence, and relieving the nnfortuntite sufferers
from a, portion of the confinement to which he had consigned
them, he has made some kind of ampule for his want of sufficient
inquiry into the facts of the case, and for the hasty discharge
of his magisterial functions. The step -may. Prove.of Some
avail in the defence of his conduct which he may be called upon
to make before a court of review. —(Btrekr Chnnicic.)

ASSIZE INTEMAGEScE.

GLOUCESTER, A uniesT 27.
(Before Mr. Juifice PARK.)
MALICIOUS PROSCCUTION--EOOK V. llArifff
This was an action brought by the plaintiff 'against t le de-
fendant for his maliciously indicting him for wiltla and con.
rapt perjury.
Air. CAIIPB,ELL and Mr.. CROSS RallthiCtea dill, plaintiff's
case ; Mr. Cu RWOOD, Mr. G. remei es, and Mr. Cast'-
neNGTON. the defendant's.
Mr. CAMPBELL stated, that the parties were farmers living
at Ituardean, in this county ; and in the year 1822 had been
joint: collectors of taxes m that parish. The defendant had
collected the Land Tax of a division of that parish, and in-
stead of paying the money so collected into the hands of the
Receiver-General of Taxes for the County, the defendant had
absconded ; and on the 19th of Novomber in that year the
defeudant wrote a letter to the file•s(...if from which :he
would read an extract. It vas—er• tsilar .-!..31-r—l ant carry
that I am compelled by dieappointmens to leave all that is in
this world I hold dear. You will understand that the hand
Tax is not paid in ; and I am aware that you, as the joint
collector, will he obliged to pay it; but reit assured, that
you shall be no loser, for when I get into a situation I will in-
form you where I am, and give a security. • Don't let Mrs.
Harper know about it, for I leave her In an unpleasant
situation, and she is not awarg,that the taxes are not paid in."
On receiving this letter the plaintiff thought it right to go to the
Receiver General's Office, and know how much the defendant
was a defaulter for, and found that the balance in his hands was
611. 4s. lie then went before the Commissioners of TaxeS, and
took out a warrant to seize the defendant's goods.ehaving made
oath of these facts before them. The plaintiff' had seized and
sold the goods for something more than this sum, when the
defendant wrote him another letter, which chewed a degree of
malice and blackness of heart which he had never seen equalled,
fur it ran—" I am surprised . at your illegal and ungenerous
conduct in seizing my goods. Your adviser must be as grrat a
fool as yourself. 1 think I have as good advice as you, and ona.
of us must be grossly wrong. You have greater power than His
Majesty's Government. They seize by means of the Exche-
quer, but you have a shorter method. You are a parish-bred
blackguard, and I wish thee luck." .
Mr. Justice PARK—Is the defendant a Quaker ?
Mr. CAMPBELL—I hope not, my Lord, for the sake of that
most respectable Body, and he concludes, I remain your most
determined enemy till death, John Harper.
The defendant then brought an action against the plaintiff
for maliciously seizing his goods. In diet he was nonsuited;
and he then preferred an indictment against the plaintiff; for
wilfal and corrupt perjury, in swearing that the defendant was
a defaulter. This he now charged to be malicious.
This indictment came on to be tried before Mr. Baron Gamow,
when it was found to be defective in point of form, and the
then defendant (now plaintiff) was acquitted without the
cause having been gone into. He should prove that the indict.
anent was Preferred maliciously, and without probable cause,
and should ask at their hands a fair compensation in damages
for the injury the plaintiff* had sustained in being thus mali-
ciously indicted.
to 3011r.1"; CTeheommliasssiLetuiecraas,eftltiaexaeattoarnt
:seyotfoerhtahtee,patlaatietinti,fititeanpdlacialetrk
ifr
and defendant were joint collectors of taxes at ituardean. The
Lend Tax of that parish was 1011. 4s. The taxes were not re.
I:anely paid ever. The Comtniseioners complained of the pa-
iishes hying in :meet, and I told the plaintiff and defendant of,
it, when the former said to the latter, Harper, you know that 1
hato do with those arrears, the), belong to you, and.
I:h.ie nothingnes o exposessurlir isetl.lyou don't pay them. I would not suffer myself
to
Ott the 12th of November, I saw the defend-
ant' at Coleforie and I told hint that the arrears of taxes must be
paid in immetl,mely. or he would be proceeded against, and he
1%.#04 ' 14Yi1.•-•--( litre the two letters :hated by Mr.
Olt b ,410154 lii t, tout, 7. Catik 1 t,- ' "
itii,
le:seito.f the indictment. The de.
The expence the plaintiff
eveiagepanotltetotvuenuilnALlei
il.pet inirgoeivZitt:t:—cretz:ukwe.'eat,'
Oa
Us.
tm.,
therrt
of .
Lanett me
hill; and eISOUt 2:5/. for his witnesses, seven in marahese
Cross examined by Mr. Cu wwo.ou—,Taxei, are not paid by
the collet:4)0"o Ines but to the Receiver General. I cannot rind
i the n 0,1,04,011 which the: warrant to seize Harper's goods vrae
's graVitsd• . 1 'W M Sicar there was one, turd I ought to have it',
!tint cannot find it. I have not within these few days applied to
versentt to Korn the,ditendant's hand-writing to the letter, but.
I 4iet pyevkcit4to the fir, trial.
William toWley, clerk to the Receiyer General, stated, that
thee* Ina an urrear due from the parish of Ituardean, so late a 4
February MO, of 611.45. It was then paid by the plaintiff.
John PaVis said, I received the warrant, and seized the de-
ficeleTitdelartnei4egriara:idettesi.av'ea,ei read. It stated that the defendant, as col-
and that it was then in his hands;
and it authorised the seizing of the, goods, and the taking of
114(707te.teoxgitna9tlit.ted by 11r. C. Pttit.r.tes—We got in the back
way. We took no inventory, but locked the doea,-and turned
the servant gill out.
Joluf Davis, the elder, said—l paid Harper 31. 12s. for taxes
in the month or November. The next day 1 saw him at
111itel, el Dean, which is two miles from where he lives. I asked
him for the tisoney hack again, and he said his wife had got it.
Cross.exatitined by Mr. CennteiGTow—.This sum was for
-assessed taxes, and not for land tax. The defendant lives at
Ituardean now, and has a house and land of his own.
• Mr. Lucas re-called--Wheu the indictment had been found,
and the plaintiff bad entered into a recognizance to take his
trial, the defendant followed hint along the passages of the
Shire Hall, and said in a loud voice, in the hearing of many
Persons, " A true bill against Richard Cook for perjury."
John Cecil said—l saw Harper at the Angel at Returdean.
Harper said, that he saw Cook at Ross Fair; he said he looked
a.poor wretched creature, anti he was afraid he would he ill
whenehe cause came forward, and he hoped that he would not,
from fear it should be prolonged, for Mr. Crawley, Mr. Cook,
and Mr. Lucas would have to appear for perjury. I asked him
the meaning of perintiy, and he ,said they were all three for-
sworn, and Mr. Cook would have to stand before my Lord, and
hold up his hand. and be asked how he would be tried ; and if
he was found guilty, lie would be lodged in jail for a year and
a day, and live on bread and water, and that would be the
death oldie poor devil.
Cross-examined by Mr. C. PM ILLtys—He was pitying the
man, and the account of the year and a day was in consequence
of my asking about what perjury was.
Re-ex.unlned—lle seemed serious and sorrowful.
The indictment was read.
Mr. Cowley re:called—l do not recollect Who paid the 401.
Mr. Cunwoote addressed the Jury.—lle Wished he had the
pathetic powers of Mr. Campbell. It was an action of by no
edeebiosffitisitesh;aanntlds—whanend
means common oceureneel and Mr. Campbell had, no doubt,
in the plates of
athbeoyoikinC Keen Thfweriolulogiesneita—nt
at ivfittasrwisatieeon,tiai,secelwleoangactittletepietea
to look candid, lie held up his spread out hands ;
thatile
but as he.( Mr. Curwood) was not so anent in that eloquent sort
of mutual oratory, he would state the case plainly. It wax stated
el:err:jut:fly) .ent:n point
that. the present Plaintiff was acquitted
Actof
ofth
of form he waste; but why ? Because the indictment did not con-
tain the formal words cos fra fbrotam Statuti, the_perjury being
hbeetrree Ca ci(neimarist seifonceersmthat and notthe
ampponoil.taedw.byNow the fact was,
whole arrear of taxes was 681. 4s. and the plaintiff swore the dee
fentlant had money to that amount in his halide. Now if he had
received the whole of the taxes he could have had no more in his
hands, and as it was, a great part of' the taxes were in the
hands of the patishioners unpaid. These two men were great
friends, and on account of some domestic circumstances the de-
fendant. was obliged to go away for a time ; it was plabily not
insolvency, as he anon returned home ; and the second letter was
the angry coenplaiht .of an ' uneducated man ; for a farmer at
Mustsleare would not be expected to be so polished in his indig-
nation as a better educated man ; but he was lorry for one ex-
pression..--"a parith-bred blackguard." No man certainly ought
to be reproached with his birth ; for he thought with a eountry•
man of his friend who was near him (Mr. C. Phillips), he
meant 51r. Curran, who snider the table of his PresentsMajeety,
that this was a happy country, where the son of a peasant might
by his talents and exertions be seated at the table of his Prince.
With regard to the malicious expression, it was only that the
plaintiff lstoked ill, and would riot be able to take his trial ; but
if they wished to hear where the malice lay, he should prove
that the Plaintiff said that the defendant's father had hanged
himself, and that he would never.leive him till he had dOne the
unit. After this he had little doubt of obtaining their verdict.
The defendant's Counsel examined a great many witnesses,
by whose evidence they no doubt exiettcted to prove the facts

opened by r. Cua WOOD, put in this they were disappointed,
as their witnesses proved late or nothing.
Mr. CAMPBELL replied.'
111 r. Justice Panic summed up the evidence and left the nu es.
tion of malice to the Jury, and, told them that if they believed
the witnesses, in his opinion, the indictment had been preferred
without probable cause, and they gave a verdict-for the plain:.
Wit ought to be with fair and tamperate damages.
Verdict for the plaintilT—Dama.gcs 201.. •

CROWN SIDE.—Auc. 213.
• [lire Mr. Jurtice Luz- YEDALV.I
John Perry, an extremely respectable looking married man,
was indicted for abusing the person of Elizabeth, the daughter
of Thomas Taylor, a child of the age of four years and six
months.
The child was a remarkably handsome fine looking child,
but as from her tender years she was ignorant of the religious
obligation of an oath, she could not be examined, and the pri-
soner was therefore acquitted of the capital charge, but was
tried for the misdemeanour.
The prisoner was found Guilty on the clearest but most dis-
gusting evidence.
Elizabeth Lane was charged with the murder of her bastard
child on the Coroner's Inquisition, the Grand Jury having
ignored the indictment,
Mr. Russ Er. applied 'to the Learned Judge to quash the
Inquisition, on the ground that the offence was alleged to have
been committed in the reign of King George the Fifth ; and
also because the offence was not alleged to have been committed
in the county of Gloucester, nor indeed in any county at all.
Mr. Justice r TLEDALE—Those objections are tatal. The
inquisnon must be quashed.—The prisoner was then discharged.

CARLISLE, AUGUST 26.

FORGERY.

William Cratnptan, aged 36, late of Keswick on the Lakes,
in the county of Cumberland, bookseller and copperplate prin.
ter, and teacher of a Sunday school, stood charged with Joseph
Grinsdale, (since acquitted) with feloniously putting away one
false and counterfeit promissory note, for the payment of one
guinea, knowing the same to be forged, with an intent to de-
fraud Messrs. Baton, Johnson, and Co. bankers, at White-
haven, in this county.
The prisoner (a very respectable looking man) who behaved
during the whole of his trial with becoming fortitude and re.
signation, was dressed in black. This case excited great in.
terest, the unfortunate man having a wife and youug family.
After a careful investigation the Jury found the prisoner
Guilty, but recommended him to mercy on account of his former
good character.
By the JUDGE—Gentlemen, your recommendation shall be
attended to.
The Learned and humane JCDOZ then addressed the pri-
soner to the following effect
'" William Crampton, is is indeed a very painful thing (the
prisoner kneeling all the time) to see a man of your reepectable
appearance placed in so dreadful a situation. Youewlio have
received a good character, and no doubt a good educationeought
to have known better, and seta brighter example to Our neigh.
bours and your family, thin that of. manufacturing bed notes,
to the ruin of poor people. You were the teacher of a Sunday
School, and professed what you did not follow—to deal justly
with all mankind. You have a wins whom you have•brought
to wretchedness and want by this criminal-ace; and•children,
too, who looked up to yOu for your protection and blessing, are
now bereft of their support by the verdict just pronounced.
Oh, let me advise you (as I may spare your life, and for which
reason I have forborne to pass sentence of death upon you), to
amend your future conduct, and, by due repentence;shew that
you havanot lost all sense Of religion and of virtue."
Several persons shed teen during this feeling address. 'The
prisoner kept ilia liankerchief and his hands up to his face dur-
ing the whole of the delivery of the Learned Judge's address.
After a case of sheep.stealing butt been disposed of,
The Grand Jury having found all the bilis before them, their
foreman advanced, and said, " pursuant to your Lordship's
directions, we have visited the old gaol, and find that every at-
tention has been paid to the comfort of the prisoners committed
to the Keeper's custody which it will admit of. We have also
to inform your Lordship that we have inspected the new one,
and have every reason to believe that it will be ready for the re.
ception of prisoners by October next. We are not aware, my
• Lord, that there is any thing now before us that requires our
further attention." _ . _

---Mr. Justice BAYLEY—Gentlemen of the Grsuid Jury, I
thank you for the care and attention you have shewn to the in.
terest of this city, and you are consequently discharged.
BlGAMY.—Santuel Cabe alias Clarks Samuel Cure, stood
charged with having, on the 25th day of March last. feloniously
married and taken to wife one Mary Cape, at the parish of St.
Cuthbert, Carlisle, in this county, his former wife (Catherine
Bingham) being then alive.
The case of the prisoner excited great interest at this place,
and the ladies of Carlisle were kept till a late hour in the day,
in breathless expectation of its being called.' The Court was
crowded to excess. _ _ _

Mr. PATTERSON opened the indictment, and,
Mr. Co u RTN EY stated the case on the pert of the prose-
cution. The prisoner, ho said, had come into this city, and
put up at the sign of the King's Arm* Inn, in English-street,
where he fell desperately in love with Mary Cape, the sister-
in-law of Mrs. Donald, understanding she had a fortune to
receive on her coming of age ; and to shew that he was a man
of pretensions, he assumed the gentleman by stating that he
was shortly to be in the receipt of vast property, and laid claim
to an estate at Tliornly Hall, besides which he 'had funded
property, and was in other respects a man of consequence; but
unlucky for our hero, he wanted filthy lucre ; and what does
he do but set about " raising the wind," and was so fortu-
nate ita to gain his point by obtaining a certain loan from a re-
spectable Solicitor of this place (a Mr. O. Saul) whom lie sent
for afterwards to make his will, being taken very ill at chinch soon
after his arrival, to whom he made known his great wealth and
title, informing him of his pedigree, and said that he had been
advised to come to Carlisle by. a surgeon, for the benefit of his
health, which was very precarious when he left his paternal seat.
The result was, that he obtained from Mr. Saul NI. which be
forgot to pay, and which he was charged with obtaining under
false pretences, but which was subsequently given up, and the
prisoner now stood to take his trial for bigamy only. The
.Learned Counsel having stated the preliminary facts, called
several witnesses, who prove& that the prisoner was a journey-
man cooper, of no ,estate whatever ; they Also proved his mar-
riage with Charlotte Bingham, and his subsequent marriage
with Mary Cape.
The 'prisoner made no defence, and the Jury consulting a
.few minutes, found him Guilty.
The prisoner was again indicted for, and found guilty of a
third marriage with a person of the name of Sarah Keut. He
was transported for 7 years.
CROWN, SIDE.----FItsDAY, A VIGI:11/1T 27.
(Beybre the Hon. Sir J. fluta.ocz Kat.)

- John Hoot', aged 39, and Janus Broreti, aged 50, stood
charged with stealing from the person of John Carruthers, at
Stannup, a pocket-book containing vairous cash notes to a.ron-
siderahle amount:
After the evidence had been gone through,
The Learned JUDGE charged the Jury, who brought in a
verdict of Guilty as to J. Moor, and acquitted James Brown
from the want of evidence.
The JUDGE. said, that but for the circumstance of his having
been in the service of his King and country, he should have felt
it his duty to have visited, him with 'lt severe punishment; as
it was, the sentence of the Court was that he be imprisoned two
years in the House of Correction, and kept to hard labour.
The prisoner wore a Waterloo medal.
illanwaY ROlMERV.—Jairtes Davidson, aged 27, was
found guilty of feloniously taking from the person of John
Matthews, of Warnell Fell the stun of 275. at the end of Cal-
slew Bridge, near the city of Carlisle.—.Death.---One o'Clock.
The Assizes are just over.

A recent letter from Rome says—Au aqueduct
has just been discovered, which runs along the street of Con-
dotu, built in the time of Aunivra for i ' t unquestionably
bears all the distinguishing features of the then mode of build-
ing. Means are bring taken to render it again of utility, and
for that purpose immensely large leaden pipes ate laid down,
the cost of which altogether, it is computed, will exceed 40,000
It oman crowns.
The Hamburg') and Bremen Papers have for
this some time been pirating a reward of one hundred dollars
for the discovery of the assassins of an unfortunate man who
ivas found naked in a field, close to the village of flabenhau-
sen, near Bremen, on the 12th ult. The unfortunate man
seemed to be a stranger. Hitherto nothing tuts transpired to
give a clue to the sad affair.