The Sun.
London, England, 1818-12-17 00:00:00

LAW PROMOTIONS.

The LORD CHANCELLOR alterwarils swore in
the following leained Counsel to their several
offices :
Mr. Serjeant Copley, as King's Serjeant and Chief Justice
of Chester; Mr. Serjeant Pell, as King's Serjeant ; Mr. Gil-
len Wilson, of the Chancery Bar, as King's Counsel ; Mr.
Caselee and Mr. Nolan, of the King's Bench Bar, as King's
Coussel.

VICE-CHANCELLOR'S COURT, Dzc. 16.

THE OPERA-lIOLNE.

TAYLOR V. WATERS.

Mr. ITE.u.n this day applied to his Llonour to
hear two motions in this case, which had been
oopointed to he heard before the Lord Chancellor
in the Course of last term, but which bad been
unavoidably postpohed by his Lordship's iodispo-
f,ition. Mr. MO erg had been called upon by a
former order of the Vice-Chancellor to pay into
Court the sum of 8,5471. betore a certain day in
Angtist last, hut had not complied with it. Fear-
, ilia, under these circumstances, that an attach-
ment would be granted against him for a con.-
tempt, he had appealed; on the first day of Mi-
chaelmas Term then ensuing, to the Lord Chan-
cellor, praying that the order might be suspend-
.ed, and the period for payment enlarged. Mr.
Taylor had likewise muted. that a certain sum
should be paid out of Court to him ; and it ap-
peared to his Lordphip that both motions might
come on at the same time. As delay was ex-
tremely injurious to his client, and his Honour was
now sitting for the Lord Chancellor, there would
perhaps he no objection to their being now heard.
r+lr. Waters was in the entire possession of the
Opera-house and direction of its concerns whilst
he thus neglected to obey the order of the Court.
The SOLICITOR •GPNERAL conceived it to be
impossible that any delay could he fairly attri-
buted to Mr Waters, whose counsel had been
long since prepared for the discussion, if unavoid-
able circumstances had not prevented them from
entering upon it. The Tiestion now stood for
argument upon appeal, and he had reason to hope
that the Lord Chancellor would soon be able to
entertain it. • _ _

The VICE •CHANCELLOR declared he had no
other objection to the hearing of both motions,
each being intimately connected with the other,
except that his judgment, whatever if might be,
MUSE necessarily involve the re-consideration of
his OWII opinion, already pronounced in this
cause. It would certainly be discussed with more
proptiety lietor- another tribunal, and he feared,
therefore, that Mr. Eleald's client must put up
with the consequences of a delay that was un-
avoidable. _ _ _

It wa, then agreed, that Mr. Taylor's solicitor
should take no further steps, on the undertaking,
upon the part of Mr. Waters, to bring on Ills [no-
tion at the first opportunity.

COURT OF KING'S BENCH, DEe.l6.

ATKINS (LORD MAYOR) V. LANE.

This was an action brought by the Lord Mayor,
to recover damages for a false warranty of horses,
xvhich had been sold him by the delen'dant.—
Walker, the Lord Mayor's coachman, proved the
warranty in the following manner :—Meeting the
horses coming up, on the road to London, he ob-
served that they looked rough, and asked if they
were all sound and right. The defendant said,
Yes:* The same witness also proved, that
when the plaintiff NEM to the defendant's stables,
the defendant gave the same answer to the same
question put by the plaintiff.
It appeared clear that the horses were soarers
and one of the defendant's witnesses admitted
that they were unsound at the time of the sale.
The defence "set tip was, that no warranty had
been given, and that the receipt for the purchase-
enoney contained none ; that the plaintiff was well
acquainted with the horses before he bought them;
and that their disorder was aggravated, if not
brought on, by the treatment they experienced
while in his keeping.
Two witnesses (one of whom was present when
Walker met the defendant on the road, and the
other when the plaintiff came to the stables) then
stated, that they did not hear the defendant give
any warranty ; another, that the plaintiff had fre-
quently seen the bri'rses when in possession of Lady
Wilson ,t heir last owner; a 4th stated ,that thehorses
having been out of work for some time before they
were sold, the plaintiff was told not to work them
bard rill he had physicked and bled them ; but it
had appeared that the plaintiff drove them 18 miles
2.days after he purchased them, without any such
precautions. 11 owe'‘'er, he was three hours and
a half going the 18 miles ; and the plaintiff's
coachman stated, that the horses had sufficient
rear and proper food for all the tii»e they were
under his care. The defendant's son, a Captain's
steward on board an Indianian, said the horses
were 301. worse at the time they were offered to
be retu►`ned. The defendant had said he would take
thew back, upon being paid for t'be use of them ;
but this was refused ; and the horses, after hav-
ing been bought in ,at Tattersall's, where only
19 anti 21 guineas were hid for them, were sent
to a livery stable, with notice to the defendant to
take then►.

Chief-Justice ABBOTT left the question of war-
ranty to rhe Jury, upon the credit of the plain-
coactinratt, 'observing that, in order to con-
stitute a wattanty, the %voids " I warrant'' were
not necessary ; hut that any answer to a ques-
tion concerning the quality of the article sold, im-
plying that it was goo in its kind, amounted to
a %vat rainy ; and that the warranty's not appear-
ing neon the receipt given for the ptltCh as C
e v did not preclude the production, of other evi-
dence to establish it. The defendent, be said,
had no den,and at law, for the nse of the horses
yet:: 11,e tnne of their sale and return.

Islle' July found a verdict for the plaintiff,

st. 'Os. being pries paid by him for the
horses.

FALSE IMPRISONMENT.

SMITH V. HENSHAW.

This was an action brought to recover damages
'or false imprisonment, under .tbe following cir-

cumstances :-
The plaintiff having drank and smoked in the
defendant's pohlic-house, tendered a IL note for
payment, which the defendant suspected was not
a good one ; he accordingly went out to get
change, or make inquiries about the note at the
beadle's About the same time, his waiter went
to look for the beadle at watch-house, and,
not finding hint, mentioned to two officers who
were present that there was a suspicious note in
his master's house.
.The two officers immediately followed him (as
one of them now stated), upon their own mere
motion, and without orders from an.y body; even-
tually they took the plaintiff into custody, and
locked him up in the watch-house all night The
note tinned out to he good, and the plaintiff now
brought this action against Henshaw, on the
ground that he had procured the officers to take
the plaintiff into custody. However, it could not
be proved, either that the defendant had given any
orders to the officers, or that he was even present
in the room when, the plaintiff was taken. The
latter was, therefore, nonsuited.

OLD BAILEY.

BANK FORGERIES.-FURTHER PARTICULARS.

Yesterday the Court proceeded to try the re-
maining forgery cases before Mr. Baron Woon
and Mr. Justice HOLROYD. _ .

The first prisoner put to the bar was John
Kingston.
Mr. Serjeant BOSANQU ET applied to the Court
for permission to proceed against the prisoner
merely for the minor offence, to whicn he bad al-
ready pleaded Guilty, but had since withdrawn his
plea.
The prisoner was then indicted for having in
his possession three forged notes, and being in
company with another person who was engaged
in tittering notes of the same descrip,ion.
On the application of the prisoner, the wit-
nesses were ordered out of Court, and separately
introduced to give their evidence.

Raphael Romaney stated, that he was an auc-
tioneer, and resided at No. 194, in the Strand.—
On S3turday night, the 19-h eptemher, he SR \T
the prisoner and another man in the dress of fire-
men ; they came into his auction•room about
eight o'clock in ihe evening, doting the sale, and
bought for 2s. 611. a sportsman's knife with eight
instruments, for which the prisoner tendered a IE.
note. Witness looked at the note, and rather
suspected it. He then asked the prisoner to write
his name and address on the note, but he. was
not certain whether it was the prisoner or his
companion, who was with hint all the time, who
signed the note. The address wrote upon it was,
" Hand-in-Hand Fire-Office—Mr. Kingston,
Lombard-street." The companion of the prisoner
said they were well known, and belonged to the
Hand-in-Hand Fire-Office; where they had taken
the note. The note now produced was the same
which the prisoner and his companion tendered at
the witness's auction-room.

Cross. examined•---Several persons gave him
notes on that night, but they all marked them.--
The prisoners were strangers. lie passed away
the note after the sale to an eating. house-keeper,
and though he suspected it was not good, he said,
nothing about his suspicions to the man to whom
he passed it. The Bank certainly told him a man
was in custody, and they desired him to go and
see it he was the same who passed the note. He
then went to Marlborough-street Police Office,
and identified the prisoner As being the man who
passed the note at his auction-room.
Re-examined.—He knew -Elooper for a twelve-
month. The prisoner took the change of the
note. _ _ _

Pizsoner.—That is false, my Lord ; I never saw
the man before in my life.
Examined by the Jury.-1 did not tell Hooper
that I suspected it was a bad one, although the
Baker had previously refused to take it. It was
a matter of opinion then, and I could not speak
decisively until I had the opinion of the Bank.
Thomas Barrett said be was a messenger .in
the Hand-in-Hand Fire-Office. On the..l9th of
September the prisoner was not employed in that
Office ; he had been in their service six years ago.
Charles Masters, a collector of the water-rate
for the precinct of White Friars, and living in
Temple-lane, stated that Lombard-street, Fleet-
street, consisted of about 18 houses ; he knew
every honseholder ; the prisoner did not live there
on the 19th of September last : witness never
knew that a person named Kingston lived in that
street; witness knew the prisoner, and knew that
he -never lived in that street. •
John Wakely stated, that be was a cheese-
monger, living at No. 61, Upper East Smithfield.
On the 23d of, July last, about three o'clock in
the afternoon, the prisoner came into -his shop,
and put chased a piece of bacon, which came to
2s. ltd. in payment of which he tendered a one
pound note. Witness suspected it was a bad
one, and in the front, on the right hand side of
it, 'was the name of " Mackay," or some shell
t.atne. Witness went out under pretence of get-
ting it changed; and Moses, a neighbour, lent
him his man, Haggerty, to take the note to an
officer, and get him to attend. The officer soon
returned with the note in his hand, and appre-
hended the prisoner. The note produced was
the saute. On the prisoner being searched, he
Lad more silver thin was enough to pay for the
bacon.
Cross-examined by Mr. ALLEY.—He had him-
self frequently changed notes when he had silver
in his pocket. ,
Mr. An.F.y.—" Yots will recollect, Gentlemen,
that this is not the note upon which the indict-
ment is framed ; that was paid to the Jew. atm-

Houser."
John Haggerty said' he was a barker to Moses,
the Jew ; ctpioborated the former witness.
Dennis, Hyde spit!, the note proaneed was the
one brought to him !)y flaggerty. Ile asked the
prisoner where be got,the note, and he said from

two sailors whom he had taken on board an In-
diaman.
John Hatch, a lighterman, stated, that he had
known the prisoner 25 years, and saw him in the
middle of September, at the Bells, at Fulham.
He said he had a barge of coals, and he would'
give witness some it be would come down in the
dark. He asked witness to get him change of a
It. note, and the witness went to the landlord,
got it, and gaye the change to the prisoner the
note was returned to witness. _ _ .

Cross.exammed.—He expected the Bank-note
would be paid to him by the Bank ; be had not
been from Fulham ; but, upon recollection, he
had been six months at sea, but there never was
a charge made against him for stealing timber.—
It was six weeks before the note was returned to
him. He knew Mr. Quintum ; he lived at Ful-
ham ; he had worked for hint tor 18 years, and
he was absent from hint tor 18 months.
Win. Evans, the landlord of the Bells, at Ful-
ham, proved that he saw the prisoirer there in
the middle of September, and that he changed
the ooze produced ; it was given him by Hatch,
and he wrote his name and address on it.

Susannah Harrison, wife of Thomas Harrison,
who keeps the Crown and Anchor public-house,
ii
Seven Dials, proved thai on the 3d November a
companion of the prisoner passed a forged note
to her in pavnicor for some peppermint.
Thomas Harrison confirmed her testimony, and
said they were apprehended, but the prisoner
made re3istance.

Mr. John Lees, Bank Inspector. for 20 years,
proved that the notes passed by. the prisoner were
forged in ev:ry respect : they were not of the
Wink paper, nor the water-mark, and had not the
%I.:nip!! lines In; genuine notes ,the word
" Bulk of Englami" were made in the original
fabric ; it was done by compression and compo

swot,.
Cross-examiiied by Mr. ALLEY.-Ile bad had
great experience, bot once in his life he was de-
ceived ; he knew there had been several forged
notes paid itt the B oik during the last year ; he
could not say there had been 80. The paper was
mattufacoired in Hampshire ; but he had never
been at the manufactory: he had newer compared
one of tie forged notes with the Bank of Eng•
land plate ; the Bank Clerks had beet) deceived in
some clses.
Reexamined by Mr. Serjeant BOSANQUET.—He
should think Cite taking of forged notes at the Bank
arose from neglect, and the Clerks and Inspectors
were always made to pay them, if they were not
so fortunate as to find the persons who passed
them.
Peter Lister, one of the Signing Clerks of the
Bank, proved that the signature purporting to be
his was forged.
Cross•extonined.—He knew that some notes had
been issued without the Signing Clerk's name to
them.
Mr. ALLEY.—" Suppose a good note had been
issued without your signature to it, and this note
was that good note, to which a signature, not
your own, had been put, would you have known
it not to be your hand-writing ?"
The witness gave no answer ; but the Jury
having revested-ohat the question might be put
again, it was put by Mr. Baron Woon, and the
witness said, he should have known it to be a
forgery.
Question from a Juror to Mr. Lees.—" Has
there been ever an instance where a genuine note
has been rejected as forged, and stamped so ?"
Mr. Lees.—" There has one, but the note was
six or seven years old, and it was by a young
inspecto."
One of. the Jury.—" After the scene of yester-
day, the feelings of the Jory are very great, and
they think that whete the life of a prisoner is in
danger, it is necessary that the fullest evidence
should be given."
-Baroo Noon.—" You have had the fullest
evidence in this case, much stronger proof than
you haVe had before."—This closed the case, and
Mr. Baron Woon summed up at great length.
After about five minutes' consideration, the
Jury returned a verdict of—Guilty.
Jeremiah Heffertmas the next person pot to
the bar, on an indictment which charged him
with having a forged 11. note in his possession,
knowing it to be forged.
Susannah Harrison, wife of Thomas Harrison,
who keeps the Crown and Anchor public-house,
in King-street, Seven Dials, proved that the pri-
soner, and the man last convicted, came to her
house on the 3d of Nov. and in payment for some
liquor gave her a 11, note, which turned out to
be forged.
It was proved in evidence that the prisoner tit-
tered two other forged notes in payment for tri-
vial articles.
Mr. Justice HoLaoYD summed up, and the Jury,
after a short consultation, found him Guilty.—
Aged 21.
Prisoner—" Gentlemen of the Jury, my life is
falsely sworn away."
The offence is only transportable for fourteen
years.—The prisoner and Kingston were arraign-
ed upon the capital charge, and acquitted \pro
forma.
Prisoner Heffert.—" I hope I shall go to a
country where I shall;have more justice, for I have
had none here."
IVni. King was indicted for a similar offence.—
Verdict Guilty.
William Williams was capitally indicted for as-
saulting Thos. Toom, on the King's highway,
and forcibly taking front his person a watch, his
property.—The Jury found him Guilty of stealing
from the person only.
The RECORDBR sentenced him to be transported
for life.
At eight o'clock the RECORDER proceeded to
pass the awful sentence of Death upon the fol-
lowing culprits capitally convicted during the
Sessions :
Thomas Pearkes, for house-breaking—Robert Parsons,
John corderoy, and George Wood, for Burglary—William
Mattingly, for horse-stealing—Jas. Egerton, for highway
robbers--Richard Evans ant! James Belfour (a black boy),
for stealing in a dwelling-house—Jos. Mason, fur highway
robbery—Sarah Thwaites, for horse-breakinz—Wrii• Pal-
deck, for highway robbery—Robert Thrower, for stealir:-g in
dwelline-house—George Handy, for burglary—John
r.lion, for stealing in a dwelling-house—John Pidgeon, for
burglary—Win. Smith and Bobert Beedhani, for stealing in a
dwelling-house—John Fellows, for burglary.
The judgtueut of Robert Taylor, for cutting

down a variety of trees, was respited, in conse-
quence of a point of law being in reservation

for him. •
John Kingston, Jeremiah Heffert, and tiara
King, were sentenced to 14 years' transportation,
and Philip Cooper to seven years' transportation•
Kingston adopted the language of Heffert, by
saying, " I hope we shall have justice done us in
another country !"
Heffert (pulling him from the Dock)—" Caine
away, there's no use in talking to him about tee.
(meaning the Recorder).
The Sessions were then adjourned to Wednes-
day, the 13th of January.

POLICE INTELLIGENCE.

FORGED BANK NOTES.

.•
tow-S-inaEt.—Yesterday a long examination
took place before Mr. HICKS, the Sitting
trate, of John Adonis, oneof the most daring and
extensive titterers of Bank notes. There were no
less than live charges clearly proved against him ;
he was identified as having tittered a forged 51.
Bank note to Mr. ilopliinson, grocer, of Hens
rietta-street, Covent-Garden ; :it Mr. Yockney:'s.
a grocer, in Bedford-street, Covent-Garth')
Andeison's, Mr. Rarclay's,and Mr. ShOnesmitb's,
grocers, St, Martin's-lane; where he went ,:to
each shop, and asked for a pound of tea. The
five parties were bound over to prosecute the
pri,-oiler for nutting the turged notes, and the.
iiink Solicitor \l'll conduct the prosecution for
theta.