Star.
London, England, 1826-10-27 00:00:00

LAW REPORT.

COURT OF KUM'S' BENCH, Ocir. 26.

tilliLe-TNI KM ON THE

OW JOSteR

TINIPERON, ZSt. v. WILLIAM CLARE.
This was an indictment against the defendant for publishing se.
'veral libels of and concerning the prosecutor, Joseph Tinsperon, Esq.
Mr. SCAILLIIMT, Mr. BOLLA" Mr. Bacirscretan, and Mr. RYLAND,
were for the prosecution. Mr. Commix Suntan appeared for
the defence.

Mr. SCARLITT stated the prosecutor's cases This was
an indictment against the defendant for publishing libels
against Mr. Timperon, of such a nature, that though Mr.
Timperon had for a long time forborne towards the
defendant, he felt absolutely bound now to bring him
to justice. Mr. Timperon had been for many years a
West India mei chant of the first respectability, and at
first carried on business under the firm of Timperon,
Litt, and Harrison. About the year 1795, the defend-
ant went into their house in the capacity of a clerk at a
low salary. Alter he had been there some time, he be-
came assiduous, diligent, and active in his duties, he
was observed to have talents peculiarly fitted to the
business of the house, and in consequence his salary was
increased to one hundred and twenty pounds per annum.
He thus continued until 1800 or 1801, when Mr. Jona-
than Harrison quitted the firm, leaving Mr. Li t, who
lives at Liverpool, and Mr. Timperon, who lived near
St. Alban's, the remaining partners. Mr. Timperon
thinking the defendant a person wbo might probably be
fit to become a partner at a future period, determined
to give him an increased interest in the affairs of the
house. It was determined accordingly that he should
have a salary of 6001. a year, and be allowed to sign
the name of the house, thus having the weight and in-
fivanceof appear ing to be a partner, though he was not to
be so actually.lt was also promised to him that he should
become a partner when Mr. Timperon's nephew came
of age, and was able to determine what line of life he
should adopt. That period did not arrive until about
the year 1811, and during the interval which clap ed
it was observed by Mr. Timperon, with pain and
anxiety, that Mr. Clark had made use of the power he
possessed to write the name of the house, for the pur-
pose of overdrawing his salary. He remonstrated with
the defendant upon the impropriety of his conduct, and
was, in consequence, induced to alter any intent on he
had of making him a partner at a future period. He
communicated his sentiments to Clark, and proposed to
him, as a compensation for any hopes he entertained of
being a partner, to enter into a written agreement .sith
him for ten years, to give him 1,0001. a year as salary,
into which agreement a clause should be introduced,
that Mr. Timperon should have the power of putting
an end to the connexion whenever he chose, and Clark
should, on being required, sign a dissolution of the sup-
posed partnership, and transfer all the securities signed
by him in the name of the firm. The agreement was
executed ; but Mr. Clark having overdrawn his salary,
as had been already stated, he was in debt to the firm,
and it was agreed that he should still only rective 6001. a
year, and that the other 4001. should go to pay off his
debt. Matters continued upon this footing until the
year 1814, when this agreement expired, and a fresh
one was executed, containing a clause similar to the
forme: one. In 1822. after a season of considerable
prosperity, the West India trade drooped, and Mr. Tim-
peron finding that the house could not afford to pay to
Mr. Clark so high a salary, proposed to him to reduce
the 1,000/. a year to his original salary of 6001. This
was resisted by Mr. Ciao k ; but in a 1. tter of remonstrance

lie expressed his willingness to submit to the reduction
if Mr. Timperon thought it absolutely necessary. After-
wards, however, when the reduction took place, Mr.
Liar k became so violent and intemperate, that Mr. Tim-
peron was obliged to put in force the clause of agree-
ment, giving him the power to determine the connexion.
Mr. Clark was accordingly discharged, and left the
premises, but vowed vengeance, and afterwards wrote
several letters pretending that he had discovered frauds
practised by Mr. Timperon, in his administration of a
West India merchant's estate, to which he was one of
the executors. This transaction thus alluded to was
simply this:—Mr. Bayley, a West India merchant, who
was a correspondent of the house of Timperon and Co.
having died in the West Indies, leaving two orphan
'children, made Mr. T:s house his executors ; and as Mr.
Bayley had been in the habit of leaving large sums of
money in Mr. T.'s house at compound interest, some of
v e money he thus left, on his death was appropriated to
the use of the house until Mr. B:s son became of age.
]'art of this money was invested in the Funds before
Mr. Bayle)'s death, and another portion was invested
afterwards; but when young Mr. B. became of age, the
whole accounts were balanced and settled. That young
znan, however, being extravagant, fell into want and
tiled. Mr. C.got hold of his widow, and persuaded her
to file a bill in Chancery against Mr. I'. for an account
of the administration ; and persuaded her that the trust
money which had been appropriated to the house of
Timperon and Co. had produced upwards of 50,0001.1
He also wrote a variety of letters to Mr. Timperon,
which w ere evidently intended to extort from him money
or money's worth ; and, in the opinion of the Learned
Counsel, Mr. Clark might have been made to answer at
a criminal bar, on a charge of sending threatening letters
to Mr. Tr mperon, with intent to extort money. To crown
his malice, however, he published a pamphlet, in which
he compared Mr. Timperon to Henry Fauntleroy, in
terms of the must virulent abuse. He also placarded
the town of St. Alban's with large bills, charging Mr.
Timperon with fraud, and offering a reward of 5001. to
any stockbroker who had transferred Omnium for Mr.
Timperon. For these libels and others, the present in.
dictment was preferred ; and the Learned Counsel was
convinced the Jury could not hesitate to find a verdict
of guilty.
Mr. Charles Dobbinson stated, that he was a partner
in the house of Timperon and Co. and proved the execu-
tion of the two agreements between Mr. Timperon
and Clark, the defendant, as to his salary of 10001. and
containing the clause empowering Mr. Tmperon to dis-
miss him, iltc. The witness then proved the defendant's
handwriting to several letters sent to Mr. Timperon.
Mr. Charles Druce, the Solicitor for the prosecutor,
proved that in April, 1622, he saw the defendant and
required him to sign the notice of dissolution and the
transfer of the papers,pursuant to the clause in the agree-
ment, and the defendant at that time said he could not
give an immediate answer. Witness called on him
again, but he was so ill that he refrained from making
any application to him. He afterwards called on the
defendant in December, 1823, who told him, he bad
called at witness's house and stated, that be would ex-
ecute the dissolution and transfer the papers to Mr.
Timperon, if be would fulfil his promise. Witness asked
Clark what he meant by that ?—He said, that as
witeess's house knew both Timperon and him, he
hoped they would act as mediators. Witness said
be should be ready to do anything in his power. The

defendant then produced a large roll of papers, saying
that the witness ought to read them, because they dis-
closed such a system of villany on the part of Mr. Tim.
peron, as would surprise him, and asought to be known
to any person who was to be a mediator.—Witness de-
clined reading the papers.
Dridente was then given to prove the publication of the pam-
phlet, which is too long for insertion here. It was a comparison of
Mr. Fauntleroy's case with the supposed case of Mr. Timperon,
and Wet step by step through both cases, drawing parallels of
assimilation. Thh pamphlet was sent to the prosecutor, to his
'clerks, and to Mr. Drage, his solidttir.
Geo. Elmer produced a copy of the sentence of death passed on
Henry Fauntleroy, but it was not read. The fact was admitted
Abraham Ewing, a clerk in the office of Messrs.
Timperon, said he received a letter (produced) along
with a pamphlet. The handwriting of the manuscript
of the pamphlet was Mr. Clark's. Two letters, dated
the 244 of May, 1825, and the 15th of July, were also
in the defendant's handwriting.
John Barney, a waiter at the White Hart Inn, St.
Alban's, said, he remembered Mr. Clark, whom he
knew, coming to the White Hart about twelve months
since. Mr. Timperon has a house there. The defendant
had several large bills, similar to one produced, with
him. He asked the witness to send for a bill sticker,
which he did. He afterwards saw one bill stuck up in
the town.

Cross-examined.—Witness read the bill when first shewn to him;
does not know whether the biU sticker is here or not.
On being re-examined, he said he thought the defendant bad as
many as twenty bills with him.
Mr. Ewing proved that a memorandum written on
the back of one of the bills was in Mr. Clark's hand-
writing. The memorandum was this :—" Sent WI 0.
Timperon, 21st September, 1825." The witness saw
some placards stuck up in London, in October, 1825.
The one produced to him was similar to those he saw
stuck up in London.
Mr. SCARLETT here stated, that be was unable to
thew that any one of the bills in Court were the identi-
cal bills stuck up in London ; but the memorandum,
and a letter written by the defendant to the prosecutor,
proved that he meant to placard London as he had done
St. Alban's, He submitted that he bad produced suffi-
cient evidence to make out his case.

The LORD CHIEF JUSTICE thought it would be the
safest plan for Mr. Scarlett not to read the placard now,
as it did not go to spew the exact motives of the party;
and this was neither the time nor place for bringing
forward matters of aggravation.
The Com MON SERGEANT submitted that the defendant
must be acquitted on the fourth count, which alleged
that Mr. 't imperon had been guilty of a crime similar
to that of the late Mr. Fauntleroy, namely, a breach of
trust, and for which that Gentleman had suffered death.
At the time the letter containing the above charge was
written, Mr. Fauntleroy had not been tried, and, there-
fore, could not have been convicted.
The Loan CHIEF Jorrica said, the words of the al-
leged libel were—• 4 for which crime he (meaning Mr.
Fauntleroy) will probably suffer." He thought the ob-
jection could not apply, but he would make a note of it:
The COMMON SERGEANT now addressed the Jury for
the defendant, and observed, that he had but very few
observations to make; still, however, he could not help
thinking that it was vet y singular that Mr. Timperon,
who had been in Court the whale of the morning,
should not have been called to prove those facts which
Mr. Scarlett was not able to do, and which Mr. Tim-
peron was` the only person who could prove. His
Learned Friend had stated that the defendant had been
a partner with Mr. Timperon. Mr. Timperon, who
was an executor of some person's will, had laid out some
of the property for which he was trustee, in the purchase
of funds, which, however, he had no right to do, and
Mr. Clark, as a partner of his, had, expressed his con-
cern at being liable for the consequences which might
fall upon him. He therefore thought there was some
excuse fur his using the strong lauguage he had done
in the letters written by him to the plaintiff.
The Loan Cu&xv ham; in summing up, stated,
that with respect to the count in the declaration relating
to the letter, in which the defendant had charged the
plaintiff with having made false entries in his books,
and appropriated trust moneys to his own use, the Jury
must take the circumstances into their considcration.—
As to the first, second, third, fifth, and sixth counts,
their verdict must go against the defendant ; on the
o.her counts they mu ~t acquit him. With respect to
executors laying out trust money, he took this opportu-
nity of saying, that if any Gentleman, in the situation
of an executor or trustee, of any kind, applied trust
property to his own use with a full confidence of re-
placing it, and in fact did afterwards replace it, his
conduct was nevertheless subject to severe reprobation.

The Jury consulted for a short time, and found the defendant
guilty on the first, second, third, fourth, fifth, sixth, and seventh
counts, and acquitted hint on the other •.

The health of the Countess of ELDON has greatly
improved during her Ladyship's stay at her country seat, at Eu.
comb, Donetshire.
It is already known that the Spitalfields Weavers had
petitioned the Kiss; and on Tuesday hir. Panne one of' the
Deputation, received a • letter, dated Whitehall, 2.4 October, to
the following effect :
That the address of the Spitalfielde Weavers, transmitted to
the Secretary of State for presentation to the Ku.., had been laid
before his Majesty, and he begged to inform them that, previously
, to its reception, his Majesty had already given orders that the furni-
ture, decorations, hangings. atc. of Windsor Castle and Bucking-
ham Palace, should be of British manufacture.
(Signed) 4, ROBERT PEEL"
The nature of the document was immediately communicated to
the different Societies of the Weavers, who confidently anticipate the
most beneficial effects from the influence which his Majesty's example
cannot fail to have with his subjects in general. Addresses to the
Royal Family and the Nobility are at present in a coarse of preps.
ration, founded upon the answer received from the Kum
. COVENT GARDEN 117HEATax.—Last evening Mr.
WAIDE assumed at this Theatre the arduous character
of Othello. He seems to have studied it well ; and
evinced, during the performance of those parts where
the passions are most excited, great and appropriate
energy. Mr. Youno's lago was worthy of himself,
and obtained the reward to which its merits so justly
entitled him. The Barber of Seville followed, in which
Mr. Forum made his debut in the part of Figaro. He
played with all the lightness and pleasantry emblemati-
cal of the active bat ber's character. His Cavatina was
encored, and his reception highly favourable.
The Sybille frigate, Captain Sir SAMUEL J. Pecuam.,
is arrived at Portsmouth fiom the Mediterranean, and
is placed under quarantine at the Metherbank, but as
the crew are perfectly healthy, will soon be released.
Yesterday, a most magnificent black swan, front New
South Wales, was added to the curious collection of
water fowl in the Regent's Park, where it forms a beau-
tiful contrast to its numerous white relatives.
It is stated as a fact not to be doubted, that more per.
sons have fallen yictinis to the reprehensible practice of
celebrating the sth of November, than could have been
comprehended in the atrocious scheme of Guy Faux,
had it been consummated.

. OLD BAILEY-THIS DAY.

John Riddle and lames Wilks were indicted for rob-
bing the Pinner and Harrow coach on the 1 ltli inst.
Mrs. Hartley, residing at Harrow-on-the-Hill, stated,
that on the 11th init. she was a passenger on the outside
of the Pinner coach, and rode in the dicky ; she saw the
two prisoners running behind the coach, and presently
she saw the prisoner Wilks open the hind boot, and his
companion Riddie put his hand in and took out
.a carpet
bag, and run away over a ditch, into a field ; witness
called to the coachman, who palled up, and pursued the
prisoners, and Riddie dropped the bag in the ditch. The
prisoners were apprehended almost immediately after:
A boy, mined Hopkins, corroborated the testimony of Mrs.
Hartley.
Mr. Turner, the proprietor of the Harrow and Pinner
coach, produced the hag and its contents, and identified
it to be the same that he placed in the hind boot of his
coach, directed (to Mr. Roach, the Barrister), on the
11th instant.
The prisoners said in their defence, that they knew nothing of
the robbery, and called several persons to character.
Mr. Serge rat Assam summed up, and the Jury found both
prisoners—Gaty.
James Watson was indicted for stealing a quantity of
harness, the property of Mr. Robertson of Elston-square.
The prisoner, in great distress, applied to the groom
of Mr. Robertson for relief, and requested him t.t permit
him to sleep in the stable, which the groom acceded to ;
and during the night he ran away, taking with him the
articles mentioned io the indictment. Verdict—Guilty
Afarmadisie Anna was tried for picking the pocket of Mr. Ro-
bert Dixon, a Barrister at Law.
The prosecutor was passing through Red Lion Square,
when the prisoner extracted the handkerchief from his
pocket, and dropped it on the ground. The prosecutor
instantly picked it up, and gave it and the prisoner into
the custody of an officer.
The handkerchief was produced and sworn to. Verdict—Guilty.
William Perry, aged 16, was past to the bar, on an
indictment charging him with stealing, in the month of
September, near Mile-end, a watch and other articles,
the property of William Hornsby, in his dwelling-house.
Several witnesses were called to bring home the charge to the
prisoner, and the Jury found him Goodly.
Alexander Reun was put to the bar, on an indictment
charging him capitally with stealing, in the dwelling-
house of William Kershaw, a gold watch, and a variety '
of goods, the property of him, the said Wm. Kershaw'.
The fact were clearly proved against the prisoner, and the Jury
found him Guilty.
John Williams was charged with stealing on the 23d
of September, a watch, the property of John Perkins,
and a handkerchief, the property of John Ash, in a
dwelling house. The Jury found the prisoner Guilty.
James Perry was put to the bar, on an indictment
charging him with stealing on the 29th of September, a
horse value 21. the property of Sarah Medley.
The facts of this case have already appeared fully in
our Police report from Bow-street, consequently, it only
remains for us to state cite Jury found the prisoner
Guilty—Death.
Samuel Taylor was put put to the bar, on an indict.
ment charging him with stealing a waistcoat, &c. value
4135. the property of John Shearsmith, on the 25th Sept.
in a dwelling-house, in Guildford-street, near the Found-
ling. The prisoner had been employed in the house as
a plaqrrer, and availed himselt of the opportunity
thus afforded of entering the study aid tilting away the
property.
The charge wa, clearly brought home to the prisoner, and the
Jury found him Guilty.
Henry Abrahams was indicted for burglarionsly
breaking and entering the dwelling house of Matthew
Ross' and stealing o large quantity of prqgerty, the
goods of the said Matthew Ross.
The Jury found the prisciasrs Guilty of stealing in a dwelling
house. The prosecutor recommended the prisoner to mercy.

Yesterday, John Jones, alias Bryan, was indicted for
being at large before the term of his transportation was
expired. From the record of his conviction, it appeared
that he was tried in the last January Sessions, and found
guilty of stealing >< piece of bacon, and was sentenced
to seven years' transportation.
Harris, one of the turnkeys at Newgate, proved that
he accompanied the prisoner from Newgate to the
Leviathan Hulk at Portsmouth, and delivered him safely
to the super intendant of that vessel. Another witness
proved that he saw the prisoner at Westminster last month.
Prisoner, in his defence said. that the offence for which
he had been sentenced was for only stealing a small
piece of meat, which he was induced to do by the dis-
tress of his wife and five small children. Whea be got
on board the hulk, an opportunity was offered to l.im
for escape, and he could not resist the desire to come
and see his wife and children, and hoped be might be
able to support his family ; but things had since gone
wrong with him.
The Jury found him Guilty.
Francis anon, a mariner, aged 20, was put to the
bar on an indictment charging him with feloniously
assaulting, on the King's highway, at the parish of St.
Pancras, in the County of Middlesex, Ann Saunders, on
the 26th of September, and taking from her person a
quantity of lace netting, and Ss. her money.
About eight o'clock the prosecutrix was walking
along Kentish Town, when the prisoner came up to
her and said, “ Your life or your money :" and hav-
ing snatched the lace from her, he pulled out a long
butcher's knife ; she became very much alarmed,
and said she had no money ; the robber replied,
gi d—n you, you have"—and her alarm increasing,
she gave him the money, and he made off. Information
was given to the police, and the prisoner some time
after having been taken into custody, was conveyed to
Hatton-garden Police Office, when the pr.•secutrix was
sent for, and she instantly pointed out the prisoner as
the person who had rubbed her. The clothes the pri-
soner wore were the same as he had on at the time of
the robbery, with the exception of a shag great coat.
The case for the prosecution having closed, the pri-
soner declared his innocence, and said there were three
persons in the gaol of Newgate who could prove that
the officer pointed him out to the prosecutrix.
Several respectable persons gave the prisoner a good character.
W. Francis Harding and his wile swore positively
that the prisoner was at their house at Hostun on the
day in question, from four o'clock until six, as Mr.
Harding stated, that being the hour at which he left
home, and returned at ten, when his wife stated that the
prisoner had not left until after nine o'clock. Ia this
she now persisted.
A Mrs. Drummond was called in support of the two
. former witnesses, but shook their evidence materially,
swearing that Mr. Harding went out shortly after the
prisoner came ; that he was not at home at tea, and
that she herself went out very shortly after they had
taken it. She, however, corroborated their statement,
so far as to the prisoner taking tea with Mrs. Harding
and herself on the day in question.
After a short address from Mr. Justice Pam, the Jury con•
suited, and found the prisoner Guilty—Death.

The proseeatris and Jury strongly recommended the an
mercy, and his former master offered to take him again jam his
employ.—The Learned Jowls said, he would take care all should
be forwarded to the proper quarter.
John Watson, aged 55, WAS indicted for stealing a
gold ring from the person of William Chalk, a silver-
smith and jeweller in the Strand, on the 16th of Oct.-
ber.—Gaity.
John Tishdt was indicted for stealing some articles
out of his ready-furnished lodgings in Jeffery's Build-
ings, Westminster, on the Soth of September. Jonathan
Leyton, the landlord of the house, stated that he had let
the lodgings to the prisoner's wife; and that he did not
see the prisoner till a few days afterwards.
The Learned SERGRANT stepped the prosecution, as
the case could not, he said, be sustained. lie wished
for the public's Ake to give the prosecutor a caution.
Whenever a female came to take furnished lodgings, he
should ascertain whether she was married or not; if the
latter, he might let them to her without further inquiry,
but if she was a married person, he should before he let
them see the husband ; otherwise, as in this instance, no
prosecution could be maintained st ould any of the fur-
niture be stolen. The prisoner was acquitted.
Thomas South was indicted for stealing, on the SOth
of September, a clock and other articles, the property
of Wm. Johnson. Verdict—Guilty. but recommended
to mercy.

MIDDLESEX SESSIONS, OCT. 26.

This being county day Court, after disposing of
the parish appeals, proceeded to hear applications for
the renewal of the licences of the different places of
public amusement, situate within the county.
Mr. ArmLeutra, on the part of Messrs. Terry and
Yates, applied for the renewal of the licence of the
Adelphi Theatre. The Learned C:funel observed, he
was not aware that any objection would be made, ex-
cepting that, whenever he weal, they always made his
sides ache with laughing.
The COURT granted the application without any observation.
Similar motions were then made on behalf of the Lyceum said
English Opera House; Sadler's Wells; the Mermaid, at Hackney;
the Toy, at Hampton Court; the Angel, at Edmonton; the Argyle
Rooms, and the King's Ancient Concert Rooms, for all of which
places licences were granted.
An application was made to the Court by Mr. A cum,
for a licence to continue the fireworks and other amuse-
ments, at the White Conduit House, lately denominated
the New Vauxhall. A number of the inhabitants, re-
siding contiguous to the Gardens, stated the place to
have degenerated in a considerahle degree from the in-
nocent and rational amusements in which it was for=
merly conducted, and since the introduction of fire.
works, etc. it had become an intolerable nuisance, inas-
much as persons were seen at all hours of the night,
conducting themselves in a most indrcent and highly re-
prehensible manner, both inside and outside the gardens.
Ibe Coma; after a long conversation, only granted a liceme upon
the promise of one of the Proprietors, that there should be no lire•
works, that the musk should cease at half past eleven o'clock, and
that the Gardens should be cleared as soon after as possible.
Mr. BOLLAND presented a petition from Mr. Dunn,
late of the Royalty Theatre, Wellclose square, which
WAS recently burnt to the ground,: signed by above
3,000 inhabitants of St. George's in the East, for a
licence for a new Eat London Theatre, whi h was about
to be erected in Cannon-street-road, in the above parish.
The COMIT said that it was impossible for them to grant a licence
for a Theatre which was not yet erected; Out intimated that should
it be, they should have no objection.