Star.
London, England, 1818-12-01 00:00:00

CHAPMAN C. BLACK.

Action on a bill of exchange ; defence, usury. A
'prior endorser had given 16 pet cent. pertnontb. in
.sorpe port of the transaction; but the holder was en-
iltely ignorant of the circumstance. The case of
Lowes r. Maaarino, Ist Stafkie, 14, P. reports, 185,
was relied on, in which it was held, that usury in a
prior indorser affected the bill in the hands of an in.
nocent endorsee. That case gave rile to an Act of
Parliament passed last June, enacting, that for the
'future an innocent holder should not be affected by
usury,• as to a prior endorser. But the present bill
t havin been negotiated before the passing of that
i Act, plaintiff consented to be nonsuiteiL
Eot:I id OF COMMON PLEAS, ',TOTEM/MR IIL

!!RYAN V. 11X1111.

This was an action for assault. The defendant is
a coar•dealer ; the plaintiff an tinder eoal-dealer..—
The plaintiff had taken two chaldrons and a half of
coals from the defendant. Whin the testis came to
plaintirii-housek he rneasured.one of the sacks with
his oitralialf.bushel, and pretended to find a peck
wanting. Hirt:fused to have the. coals rrteaaned
with the stamped bushel, or to hart any more of
diem. Ie hurried.hack to the defendant's, in Water-
I lane, endltsed the most provoking language to the
defendant. At last, he said that the defendant would
name to be kanged like his father (whos it was stated
-by the Com:et:hail, in a fit of insanity, hanged him.-
self). The defendant, on hearing this, seized hold of
a horsewhip from the carman who had returned with
the, coals, and applied it very powerfully to the'
plaintiff's shoulders. The defendant. then slapped
plaintiffs shoulder, and My dear fellow, I
have not struck you, or knocked you down, but jus
horsewhipped you." The plaintif had preferred an
indictment in Guildhall, and* the defendant wat
fined lc.

eater Jusrtca.-It is plain you must give your
verdict for the plaintiff; but it is exclusively Ind
peculiarly your province to judge what chniages'
should be given, on viewing all the circumstances a
the case. The defendant's conduct was fair and ho-
•nourable• up to the moment when the plaintiff as-
sailed hii-cha'racter as an honest dealer. For thii
there appeared to be not even a pretence. The plain
tiT goes cn to use the most insulting and provoking
language ; and up to the moment when the plaintiff
says he should come to be hanged, like his father,
the defendant conducts himself properly. This was
a provocation peculiarly strong, but no Words can
justify a blow. • It is for you to say what dansiges
are due. If you think that the conduct of the deten•
dant has been gross and inexcusable, you will give
445. or mere, and that will carry costs g if you think-
the plaintifFaeted iii an outrageous manner, you will
give ss. or Is. and each party will ply their own ex• •
penses.--Verdict for the plaintiff—atmAges Is.
Cater JusTica—A very proper verdict. This case
ought not to have been brought into this Court.

The Countess of ABOTNE and the Ladies Count►*
are arrived at their house in Charles-street, Berkeley.
square, from their scat in Huntingdonshire.
Yesterday being St. Andrew's Day, the Royal So-
ciety; as usual, held their Anniversary Meeting at
Somerset-House. for the purpose of electing a Pre-
sident, Council, and Officers, for the year ensuing
when their venerable and much-respected President,
Sir JOSEPH BANKS, who was sufficiently recofered
llom his recent indisposition to preside, was unani-
mously, for the 42d time, re elected to that honour.
' able and distinguished station.
TATTERSALL s Repository, yesterday, eithibined an
unusual aqemblage of personages, to witness the salt
of the four brown barouche geldings, which were
taken with the military carriage of BoriArattru, at
the battle of Waterloo; and which had attracted great
notice not wily for their steadiness in harness, but (rum
the *skilislness and eccentricity with which they were,
driven by the ci-decant lipperor's one-armed coach-
man. They were strong good-looking horses, buf,
the four fetched but seventy-three guineas, and were
sold to different persons, The whole of their harness,
including an unusual heavy saddle for the pcstiuion.
was bought for .1.145. A considerable degree of
laughter was occasioned by the auctioneers introduc
tion of the hos ses, as Bons thefirst, second, third, and
Bonig lad horse!

~~.J

iNDON sEsszoNe.

Yesterday a very uncommon circumstance occur-
' at Guildhall. The Loan MAYOR, RECORD'S,
teen HVIIPTIS, WOOD and WAITEDeAs, had
their seats on the Bench, for the purpose of
- the Sessions for the City. The Juries, and
and Attornies were also in readiness to
_ the business of the Sessions ;—but when
SHatrox called upon the officers to open the
Jrt, no answer was returned. Four or five times
the Clerk of the Arraigns call upon the proper
,officers, without effect. At length an officer' named
ober, made his appearance. He was not followed
others. ' Instead of opening the Court according
't custom,. never known to have been violated
such an Occasion, he addressed the Bench. He
hoped hi should give no offence by what he
to communicate. He stood alone before
'ors-hips, having been deserted by his brother
who would not wait upon the Court in con-
. - of the refusal of the Sheriffs to pay them
a former occasion, when their services were
ananded. He was amongst those who had acted
nothing ; and he begged leave to submit to the
Court the hardship under which he and his brother
Officers were labouring in having worked enprofitably,
The LORD -'Avon immediately turned to the Shei
lad demanded to know the reason so impropef
v had taken place ?
Sheriff Rosters replied, that he and his col-
had refused to pay the cieraaiad made by the
upon the principle that they were not bound
answer the pecuniary applications of people whom
v had not appointed
will be recollected, that the confusion amongst
Aldermen, occasioned by the refusal of the She-
to accept the appointment by the Court of Al-
of Mr. Please, as keeper of Whitecross-street
arose from the determination of the Sheriffs
resist the authority of that Court upon the ques-
al of right in that case. The present Sheriffs seem
solved to adhere to the precedent made by Alder-
an BRIDGES and Mr. KIRBY, while in that office.
The Loan Nlavon and RECORDER said, that if offi-
did not attend to- do the business about the

they
It
the J
tiffs

Court, the Sheriffs themselves must perform it. It
was not to be endured that public business should be
impeded iu consequence of altercations between the
Sheriff and officers. If any thing of the kind occur-
again, the duty must f4ll upon the Sheriffs.

that would do _ , gave bet
bread and meat to give to the but I-thspd h
never got any of it; andl once saw her give it to her
other address, and eat Kanto( it herf• I one day
heard the little boy crying very bitterly and calling,
fonbread, on which k_sresst down to Mrs. Elliott and
' Said, your child is "fug for something to eat, prayi
do let it have a little. .ro this she replied, g Oh hang
it, I wish it was dead,l could cut its throat if I•clur4.;
Whenever 4,4 saw the child, it was always in the same
naked and' filthy state in which I saw it on the atet
Occasion." To this evidence the witness added bei
belief that the father of the child was not comillime
of all the treatment it received ; for that he
was spoken to, about it, he said it should haw
ever it wanted.
She underwent a long cross-examination by Mr.
ALLEY, the object of which seemed to be, to shoe
that the whole story was a fabrication on her part,
from motives of hatred to Mrs. Elliott. When asked
why she had not given information at first, or why
she suffered such conduct as that she now described,
to pass over without notice for three months? she
said, die could not at first, for at that time she could
not testify bow long it had been• in that state ; the
never had a word of difference with Mrs. Elliott
from the time she went to the house, hp to the period
idlest the child was taken away by the Myers .she
leas in the habit of receiving visits from a solcfieii:
When asked whether it was not after her mistress had'
come to the knowledge of these visits, through Mrs.
Elliott, that she- had given information of the state
of the child? she ansvrered, that henrnistress never
knew of them : Mrs. Elliott bad never said a word,
against them, for she used sometimes to be of their'
party; there was nothing improper in her receiving
visits from the soldier ; she had come to years of disc
cretion, and was fully capable of judging what per.
son she chose to keep company with. She knew that
an anonymous letterhad been sent to the Magistrate'
respecting the state of the child. It was not she who
wrote it, but she would not tell who had. Mr. Alley'
put several other questions to her, apparently with a
view of diminishing her credit with the Jary, by.
establishing a malicious motive towards Mrs, Elliott;
hut her answers did not evince any other motive
against her, than that of dislike, in consequence of
'Cr treatmel to the child.
Mrs. Burlingham was the next Witness. She had
lodged in Elliett's house at the period mentioned fey'
the last witness. • She occupied the second floor. She
had been some time there before she knew of the
child's situation, and then she was
.given to under:
stand that it was confined because it was an idiot,
Being a mother herself, she considered that a child
in such a state required more attention than undEr
any other circumstances, and she was anxious to hair
it better treated. Oa one occasion she beard the child
cry for bread, and she spoke, in consequence, to the
'tother over the stairs. She told her it was crying
for a little bread and some water, and begged that
some might be sent up to it. .Mrs. Elliott said to
her, Some people have very delicate feelings, buil
could cut its (the child's) throat to-morrow, if that
was all."1' he father did not evince the same seve-
rity towards it ; he would give it bread, and seemed
desirous that it shra:ld have what it wanted ; but the
mother never spoke of it, except as " the wretch,"
" the muck," or some such epithet. Witness went
into the room, and saw the little boy in the same
state as Mi-s. Lee had described. When. Mrs. El:iott
heard that she had g me into the room, she remon-
strated with her upon having done so, and forbade
her to do so again. •
Mr. ALLEY cross-examined this witness also, with
the view of shelving that there was a collusion be-
tween her and the first witness ; but no fact appeared
from which such an inference could be deduced.
Wm. Read, the Officer ca Hatton-garden, stated,
that he was sent by the Magistrates, on the 'l9th of
September last, to inquire into the truth of some
communication which bad been transmitted to them
Irespecting the treatment of the child. On his arrival
at the house, he saw Mr. and Mrs. Elliott. He asked
how many children they had? She answered, three
or four, he could not say which. He wished to see
them ; but she said they were all out at play. He
asked whether there were any of them in the house ?
to which she replied in the negative. He inquired
! where they usually slept? and was answered that they
slept in the attic. He then wished to see the place,
and produced his authority. Mrs. Elliott seeing that
he was abOut to proceed up the stairs, got on before.
He followed immediately, and saw her unlock the
I door of the room where the child was tied. He got
.l in along with her, and saw the child tied with the
strap, naked, and in every other respect in the situa-
tion mhich the first witness had described. He with
difficulty loosed the strap from the bed post, (Here
he produced the strap. It appeared about two yards
long, and was broader and thicker th'art a horse's
bridle.) From the manner in which it had bees
made fast to the post, the child could not move a
yard From the le.dstead. There were ne bed-clothes,
but he believed it might have been able to get sitting
on the side of the tick-bottom. After he had released
it, he wrapped it up in a blanket, and took it to
Office in Hatton-garden, with the father and mother
in custody at the same time. This witness Was et
cross-examined.
Mr. ALLEY addressed the Jury on behalf of the;
prisoners, and endeavoured, in a speech of some
length, to slew, first, that the whole was a conspi.
racy between the first two witnesses ; and setondlyi
that no further restraint was laid on the child than!
was necessary to preserve it from doing injury to it=!
self or others, it being occasionally subject to pa-
rox) sin: of insanity. In support of' the secor.dzround
he called .
Ellen Nesbit.—She stated, that she had *flown thei
child from the time it came from the nurse. It was
then weak and helpless. She had been in the habit
of visiting the family up to last April, and during,
that time she always saw the same,. and even grc
attention paid to this, than to any of the other ch
dren. It was extremely irritable and mischievous;
she considered it insane! it would throw any thing
within its reach or power of using, at those by whom
it conceived itself annoyed.
Eliza. Neatherhead and Mrs. King deposed nearly
to the same effect as the last witness. Mrs; King ad:
ded, that one day when she was there, it set fire tel
a petticoat belonging to its mother, which was hurnt,l
and which also set fire to the boards of the room.
Sidney Elliott, a boy about IS years old, the son
of the prisoners, stated, that his brother had been

about . Months ___ he was removed
br the Officer. He was confined in consequence of
has being extremely mischievous. He used to break
the plates and the windows, and teat whatever clothes
*ere put on him. Witness never saw him get any
ill-treatment from his father or mother. He was very
tiny in his habits. He always got the same kind of
victuals that were used by the rest of the family.
Witness a:nd his sister used frequently to go up stairs
and play with him, by desire of their parents.
Mary Elliott, the sister of the last witness, deposed
to nearly the same effect as her brother.

•
Edward Staines sent for the child once, in order to
examine it, and had no doubt that it was an idiot.

The CHAIRMAN then summed up, and the Jury
were about to consider their verdict, when
Mrs. Elliott leave to address the Court.
She then, apparently with
widi the view of removing any
degree of blame from her husband, stated, that he
was a hardworking man, that being obliged to be out
from morning till night, the care of the children was
entirely left to her. She also described him as the
best tempered and most humane man alive.
The COURT said they would take that into consi-
deration after the Jury had decided.
The Jury, without hesitation, returned a verdict
of—Guilty against both the prisoners.

HIGHCO LT 7VJUSTICIARY,EDINBURCH.

‘. Nov. 21.—Crtriatopher Greig Morris, Inn. Burt,
.Jarres Wilson, and Alexander Hunter, colliers from
the neighbourhood of Dunfermline, found guilty of
'a most wanton, unprovoked, and violent assault, on
some ladies and gentlemen near that place, were sen-
tenced to twelve months imprisonment in the jail of
Dunfermline, from the Ist of October last, and Mor-
ris, Burt and Wilson, to be publicly whipped through
the town of Dunfermline, on Friday the 18th day of
December next, by the common executioner. After
the expire of their imprisonment, the prisoners are
also to find bail to the extent of £4O each, to keep the
peace for five years.
Nov. 25.—The Court proceeded to the trial of
Robert Johnston, George Galloway, and James Lees,
accused of as,aulting Mr. John Charles, candlemaker
in Edinburgh, on the night of the 24th, or morning
of the 25th October List, and of violently throwing
him down, and robbing him of £360 in Bank-notes ;
a letter containing a bill for £212; an acknowledg-
ment granted by William Charles,. fiesher in Mussel-
burgh, for £4O; • a watch-key, and part of a watch-
chain. Galloway and Lees pleaded Guilty, and John-
ston Not Guilty.
A number of witnesses were called on the part of
the prosecution, and no exculpatory evidence being
adduced, the Jury, without leaving the box, returned
ti verdict unanimously finding the prisoners, Gallo-
way and Lees, Guilty upon their own confession, and
also Johnston, from incontrovertible evidence.

allilliiiiim
• /
. .
Yea
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Alden
kaken
holdin
Bari-si
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• Mr. SI
Court,
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officer:
timbe
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by oth
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said span s
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for not
Court
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The
riff a.
a dela%
Mr.
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• office:re
to asst
they h
It Au
. the Al
tiffs to
dernen
prison,
to resi.
• • Lion of
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• man E
• ' • The
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Court,
) was ne
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Sherifl
red as
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, 4
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were p
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out as
Mr.
stilted
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St. An
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ferings
1 : I
was th,
' 1 . pear al
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t ,
} the pat
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Mrs.
sworn,
. .
widow
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31 *tooth
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4 in Fish
after I
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heard 1
in dist
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little hi
. any o.:1
ready s
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O. key-hol
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and it s
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was cal
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and for
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- the Elul
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almost
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and she
. st, OIMIIIIIIII
. .
.. ~

`
. . -LONDON SESSIONS. bread aad meat to give to the child, but I-fospd he b 7 the Officer. He was confined in ;
- fever got any of it; andl once saw her give it to her his being extremely mischievous. He
Yesterday a very uncommon circumstance occur. other childrtm, and eat apme,of it herf. I one day the plates and the windows, and teat wli
red at Guildhall. The Loan MAYOR, Recommit, heard the little
which Iwhich wept down to Mrs. Elliott and ill-treatment from his father or mother.
taken their seats on the Bench, for the purpose of Said, your child is rag for something to eat, pray dirty in his habits. He always got the
holding the Sessions for the City. The Juries, and do let it have a little. To this she replied, gOh hang victuals that were used by the rest c
Ban -stern, and Attornies were also in readiness to it, I wish it was dead,lconld cut its fficoat if Idursa . Witness and his sister used frequently t
commence the business of the Sessions ;—but when Whenever maw the child, it was always in the same and play with him, by desire of their i
Mr. Sextvori called upon the officers to open the naked and' filthy state in which I saw it on the first Mary Elliott, the sister of the last wit
Court, no answer was returned. Four or five times Occasion." To this evidence the witness added her to nearly the same effect as her brother,
• d the Clerk of the Arraigns call upon the proper belief that the father of the child was not conscious Edward Staines sent for the child ory
officers, without erect. At length an offices...named of all the treatment it received ; for that when he examine it, and had no doubt that it w
timber, made his appearance. lie was not followed was spoken to. about it, he said it should have what- The CRRIRMAN then summed up,
by others. ' Instead of opening the Court according ever it wanted. were about to consider their verdict, w
to the custom" never known to-have been violated She underwent a long cross-examination by Mr. Mrs. Elliott leave to addre
spa such an Occasion, he addressed the Bench. He ALLEY, the object of which seemed to be, to shew She then, appabreeeydwiffi the view of :
said he hoped he should give no offence by what he that the whole story was a fabrication on her part, degree of blame from her husband, si
was going to communicate. He stood alone before from motives of hatre! to Mrs. Elliott. When asked was a hardworking man, that being obl
their Worships, having been deserted by his brother why she had not given information at first, or why from morning till night, the care of tta
officers, who would not wait upon the Court in con- she suffered such conduct as that she now described, entirely left to her. She also describe(
• sequence of the refusal of the Sheriffs to pay them to pass over without notice for three months? she best tempered and most humane man al
*pm I former occasion, when their services were said, die could not at first, for at .that time she could The COURT said they would take th
tefamanded. He was amongst those who had acted not testify bow long it had been in that state ; she deration after the Jury had decided.
for nothing ; and he begged leave to submit to the never had a word of difference with Mrs. Elliott The Jury, without hesitation, retun
Court the-hardship under which he and his brother from the time she went to the house, hp to the period of—Guilty against both the prisoners.
Officers were labouringin having worked unprofitably. When the child was taken away by tire Officer ; she
The LORD -!aroa immediately turned to the She- was in the habit of receiving visits from a soldier. HIGHCOURTqfJUSTICIARI, ED
riff, add demanded to know the reason so imprOpsi When asked whether it was not after her mistress had
a delay had taken place ? .' come to the knowledge of these visits, through Mrs. . Nov. 01.—Crtriaropher Greif, Morris
Mr. Sheriff Itneeftrs replied, that he and his col- Elliott, that she had given information of the state
.kjar es wason,
and Atexanderollunter,
league had refused to pay the demand made by the of the child? she answered, that her-mistress never
the' neighbourhood of Dunfermline, for
officers upon the principle that they were not bound knew of them : Mrs. Elliott bad never said a ward •a most wanton, unprovoked, and violet
to answer the pecuniary applications of people whom against them, for she rased sometimes to be of their
some ladies and gentlemen near that plot
they had not appointed p..rty ; there was nothing improper in her receiving tented to twelve months imprisonment
It will be recollected, that the confusion amongst visits from the soldier ; she had come to years Of ells- Dunfermline, from the Ist of October L
the Aldermen, occasioned by the refusal of the She. cretion, and was fully capable of judging what per-
ris, Burt and Nilson, to be publicly whii
tiffs to accept the appointment by the Court of Al- son she chose to keep company with. She knew that the town of Dunf line, on Friday chi
dernen, of Mr. Plena, as keeper of Whitecross-street an anonymous letterhad been sent to the Magistrates
December next, by the common execut
prison, arose from the determination of the Sheriffs respecting the state of the child. It was not she who the expiry of their imprisonment, the
to resist the authority of that Court upon the ques- wrote it, but she would not tell who had. Mr. Alley also to find bail to the extent of £4O each
• tion of right in that case. The present Sheriffs seem put several other questions to her, apparently with a peace for five years.
- .1. esolved to adhere to the precedent made by Alder- view of diminishing her credit with the Jary, by Nov. 25 The Court proceeded tc
• man BRTOGES and Mr. KIRBY, while in that office. establishing a malicious motive towards Mrs, Elliott; Robert Johnston, George Galloway, and
' • The Loan Mayon and RECORDER said, that if ofli- but her answers did not evince any other motive
accused of asAulting Mr. John Charles,
cers did nor ativad to- do the business about the against her, than that of dislike, in consequence of •
in Edinburgh, on the night of' the 24th
Court, the Sheriffs themselves must perform it. It .er treatmei4 to the child.
of the 25th October last, and of violet
was not to be endured that public business should be Mrs. Burlingham was the next Witness. She had him down, and robbing him of £360 it
impeded in consequence of altercations between the lodged in Elliett's house at the period mentioned by
a letter containing a bill for £012; an
Sheriff and officers. If any thing of the kind occur- the last witness. She occupied the second floor. She ment granted by -William Charles flesh
red again, the duty must f4ll upon the Sheriffs. had been some time there before she knew of the ''
burgh, for Leo • a watch-key, and par
. , child's situation, and then she was Riven to under- _i__''' ',._tt ' I V I I , ~_•.