Star.
London, England, 1813-02-22 00:00:00

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1.4 W INTELLIGENCE.

COURT OF KING'S BENCH, FEBRUARY 29:

RANKINE V. PRICE.
/ This was an action brought by.the assignees of Mr.
Martindale, against the executor of the late Lady Al-
meria Carpenter, to recover the amount of two pre-
issory notes for £5OO each given by Lady Carpen-
er to the assignees. The defence was, that they
ere given for an illegal consideration, namely, that
e money fur which they were paid was aileanced by
lartindale, at the time and place of playing an un-
awful game called Faro. It appeared that Mr.
Martindale was formerly a gentleman of considerable
property, well known in the feshionable circles, and
used .to advance large sums of money to ladies of
rank and fashitin, fur the purpose of playing at a cer-
tain Faro-table at the West-end of the Town, of
which Martindale was the banker. But in many in-
B' ances, he used to make them advances for private
purposes, wholly unconnected with gaming ; and in
both ways, after various money transactions between
him and Lady Carpenter, she became his debtor in
the sum of £3OOO, upon which she had paid various sums
of money on account, and at the time. of his bank*
ruPtcy, was indebted to him the sum of £1370. The
accounts were afterwards adjusted by the assignees,
and those sum!, which were advanced on the gaming
account, were repudiated, and security given for that
which constituted their legal transactions, of which
the notes in question were a part.
The question for the Jury was, whether any, and
what parts, of the notes, were given on thegiming
account ; or Whether the whole was a lona fide consi-
deration ? The Jury found teat the money lent was
not for play, and gave a verdict for the plaintiff, to
the full amount.—Damages 81000.
Eight Special Juries were fixed for trial this mer-
nilg, the whole of which were disposed of in less
than an hour, without yielding any thing of public
interest or novelty.
i . SULNER V. JOIII4EOI/4
The parties were next deor neighbours, residing on
the River Lee, beyond Hackney, and on the night of
-the 9th of Mar last, the plaintiff's house took fire ;
tit this time the plaintiff was in bed, while his wife
and daughter-in-law, with another woman, were on
their way to a neighbouring public house, to get some
beer for supper, they perceived the premises on fire,
• and • immediately turned hack ; and while the other
two women were engaged in rousing the plaintiff (an
old man), the daughterandaw went to give the alarm
to neighbour Johnson, the defendant, who, on
bring told what was the matter, said--44 Let
him burn and be d—n—d ; the d—n—d old rascal
has been trying to set tire to his hoase this week past,
and he has doge it at last." This he repeated seve-
ral times, and told some of the wit:.esses that 46 he
(the plaintiff) had set fire to his house to defraud the
• Insurance Office."
Five witnesses proved the words spoken ; and it
also appeared that the whole of the premises (both
houses) were insured by the plaintiff with the Eagle
Insurance, for £5OO ; but that Office refused to pay
any thing more' than a trifle for the damage to his
furniture, upon the grounds that Johnson, the_defen-
dant, had built an oven since effecting the policy, of
which the plaintiff had given them no notice, where-
by the risk was considerably increased. It also ap-
paired, upon the cross-examinaLion of one of die wit-
nesses, who had known the plaintiff upwards of 20
years, that he (the plaintiff) had formerly lived at
Bow ; that he kat dealt in horses and cows, and was
known by the name of Bow C:senzon ✓ack, or HaY-
klieg Jed. `r,e defendant's house was also burnt
down at the same time.

The Souctton Gv: ER A Lobserved, that to Lis know-

ledge Bon, Common Jac, :.as been as notorious for the
list thisty yc.a., as Jack Cate* himself; and that the
defend int had uttered these t.,xpre,.ions, ex!. from any
motives of malice, bet from a thorough conviction in
his own mind that the phintiff had purposely set his
house on fire. In this he vas lumber corroborated
by the Eagle Inse:•imee Office ichrsing to pay the
poicy ; and, although he could not prove the fact,
there were circumstances sufficient to raise in the
defendant's mind a strong suspicion, which he gave
vent to at the moment he beheld his house burning
about his ears ; but as he had not put in any justifi-
cation on the file, he could not go into evidence on
that point.
Lord ELLEN/marl:cif observed to the Jury, that
this was a most serious charge but if they thought
that the defendant had uttered theseexpressionss with-
out any motive of malice ; but that they arose from a
well grounded suspicion of the fact, it would go, a
great way to ameliorate the damages.; but the ex-
pressions being proved, and the defendant not having
put any plea of jusitication upon the record, the
plaintiff, at all events, was entitled to a verdict.
The Jury found fur the plaintiff—Damages daco.
OLD BAILEY.
On Saturday 20 prisoners were tried, Eve of whom
were capitally convicted, viz. Edw. St qller and S.
Smith, for stealing a pair of ha;&boots, the property
of G. Lowther, in his shop ; Ir. Then:pox and W.
Prslittr, for stealing, in the. shop of Messrs. Pickard
and Co. a quantity of soap; and
J. Al‘nowall, charged with breaking into the house
of Mr. Kirasaird, the liummums, in Covent-garden,.
and stealing therefrom a pocket-book, containing £.58
in notes, as stated last week.
Jacob Denny was indicted for smuggling goods
from France. This offence is -recognized by an Act
of the 48th of his Majesty, and it was the first case
of the sort which had been brought hetitre she Coutt.
The risoner was mate of a smuggling cutter, which
_ sailed ItORI Broads-airs, and touched at Dunk's( k and
Grdveiines, and although pursued by British crullers,
with one of which she exchanged a shot, her cargo
was landed in Cornwall. The facts were clearly
proven, and the prisoner was convicted, but the Jury
Irmo:rim-oiled him to mercy, on the ground that the
present was a new case.
The following were also convicted of felony, viz.
Ann Covey, for stealing a load ; Mary Price, for
s eating 13 yards of co 'on ; T. Foster, G iiannam,
And W. Price, for stealing a hat and a pair t I stock-
iags ; and Jane Smith and Mary White, for stealing
three pieces of muslin.
ilrialetank was indicted'for stabbing J. Eades,
44Zeilt to murder him.

t.4des deposed, that be was ostler at the King's
i az. in LeadAthall.street. Ou the 6tll of January
Lc litgra a noise its the kitcnen he did nut interfere,

MEMIIMMM

.

but afterwards saw the pristine. in the yard, where'
wimess was employed,.who
.drew a dagger from his
pocket, and ran to him, saying, D—n your eyesi
yon bZ-r, I'll Murder you." He ran after him to
the kitchen-door, which witness attempted to open,
when prisoner stabbed him in the left arm. He was
going to repeat the blow, when a boy seized him by '
the ear, and dragged him to the ground. Deponent
was sent to an hospital, where he remained a fort-
night, during part of which time his life was consi-
dered in danger.
Hannah Cowley, chambermaid, deposed, that the
prisoner, whom she had never seen before, came to
the inn and asked for a bed ; she demanded who had
recommended him ? He replied, the Nottingham
coachman. She shewed him a bed, for which he paid
her Is. 6d. and left a bundle in her charge. He had
%Unit' COI!' beef and a glass of rum and water, for
which lie paid Is. The next morning he had another
glass, for which, with the beef; she demanded Is. 6d.
which he refused, alleging he had already paid her,
and asked fur his bundle, which she would not give
him until he paid her. He appeared as it going to
strike her, when two young men pulled him hick.
fie then asked what was in the bundle; to which she
replied, if he thought she had robbed him, she would
convince him to the contrary. He said sg God
me, he'd murder me if I did not give him his bun.
dle." She untied it, the instrum-•nt fell out, and
prisoner picked it up and put it inhis pocket. She then
tied the bundle up and laid it down, when he said he
defied any one to touch it. He then wanted to go to
the bar, but witness prevented him, as her mistress
was there unwell. She called out to the man, ,4 If
you don't mind he will go away without paying."
Several other witnesses corroborated the above tes-
timony, and denied that the prisoner had any provo-
cation. The mistress of the house, her son, and the
coachman, were present at the time, but were not
on the trial.

The prisoner, in defence, stated, that he had been
imposed on in regard to owing any thing., lie wa, '
turned out of the house without his hat and bundle.
The instrUmentthe had accidentally in his possession
in the way of his trade, which was :hat of an artifice:.
He had no intention of injuring any one but for the
injury he had received. He had upwards of Je2 in
his pocket at the time, and would not have disputed
the charge had he been sensible it was incurred. He
proved that the day after the row he had a black eye,
and from his ear a discharge of blood.
'The COMMON SEILIEANT, in summing up, directed
the Jury to dismiss the capital part of the indictment,
viz. maliciously. stabbing, &c. as it was evident the
prisoner had acted from provocation; and from cer-
tain material witnesses being withheld on the prose-
cution ; it was a matter of doubt whether he had not
acted in self-defence. The Jury returned a verdict
of Not Guilty.—The prisoner was then ordered to
find bail to answer the assault.

G. Wsntle was charged with forging stamps on
plate ; but the evidence being similar to that which
was entezcd into on the previous day, a verdict of ac-
quittal was delivered without going into it.
Ann Williams, T. Bushnell, J. Bromley, Mary
Freeman, and Hannah Tilling, were also acqn.tted.

Saturday the RECORDER made a Report to the
PRINCE REGENT of the following convicts under sen-
tence of death in Newgate, viz. :

Daniel Grant, and Zonophon Hearne Basbam, for returning
from transportation; Joseph Oiling, James Jenkins, John
Spicer, John Butler, and Charles Williamson Wa;ko, fur burg-
lary; Sarah Armstrong, Sarah Butler, and Henry Isaacs, for high
treason; Johanni Colster, for house-breaking; Joseph Jefferson
and George Blackaway, for stealing privately in a shop; John
Lasiglarne, for fotgery ; Thomas Brown, for horse-stealing;
Jane alias Mary Howland, and John Champion, for stealing in a
dwelling-house; when J.iui Las,-harae was ordered for execution
on *thursday next, the t.sth instant.—The others were respited
during his Royal Highness's pleasure.