Star.
London, England, 1827-08-14 00:00:00

ASSIZE IN I ELLIGENCE.

NORWICH, AVOUST 10.
Before the Loma Culler BA or.
PENTON, GENT. V. THIJIITILL, ESQ.

Mr. &Data TAYLOR said, this action had Leen brought
by Mr. Francii Tarrant Fenton, a solicitor, residing in
London, against Thomas Thurtell, Esq. an Alderman
of this City, to tecover the sum of 4091. which was the
araount of the costs incurred by him in the defence of
John Thurtell, the son of the defendant. There was a
count for work and labour, and the usual money coun•s.
• Mr. Sergeant SToßitaa said, it was with great reluc-
tance that his client had resolved upon bringing before '
a Jury the just, and he believed, legal claim which he
had upon the defenclapt, for the amount of his present
demand, as he was exceedingly anxious to.avoid giving
pain to any persons, by reviving in the public mind
recollections of a circumstance which every person in
this reading and populous country had been made ac-
quainted with. The action was brought to recover from
the father of that extraordinary and ill-fated young
man, John Thurtell, the amount of the plaintiff's bill of
cost, incurred in defending the son ; and whether it was
_wise in the defendant to resist the claim—or whether it
would not have been wiser and more considerate that
he should not have compelled the plaintiff to bring
again before the public facts which he should have con-
ceived the defendant would have been anxious to have
buried in oblivion—the issue of the trial would thew.—
It would be proved, that when John Thurtell was
charged with the murder of which he was aft rwards
convicte 4, the present defendant and two of his friends
entered into some negotiation with Mr. Jay, a Solicitor
et Norwich. for the purpose of employing a London
Attorney.-It could not be imagined that a father would
be dead to the fee'ings of a parent, and stand aloof on
such an occasion. Mt. Jay proceeded to London, in
'consequence of an arrangement with the defendant and
his two friends, and the plaintiff was employed. The
twa Gentlemen he alluded to were Mr. Usithanke, an
attorney of Norwich, and Mr. Alderman Bolingbroke;
and at a meeting with Mr. Jay; they said that 101. was
quite sufficient to pay for John Thurtell's defence. How
•Mr. Unthanke, -an attorney, could think so. was sur-
pris ng. Mr. Fenton was no party to that conversation,
ant it was quite preposterous and absurd to say that a
rase of that description could he defended for so small
a sum of money as 101. they might as well have men-
tioned the smaliest coin in the realm. When Mr. Fenton
was. first applied to, nothing was said to him by Mr. Jay,
'that the defendant would n•t be pledged to pay more
than 101. and the plaintiff imnredrate•y proceeded, with
.all possible diligence and activity, in preparing the de.
fence of John Thurtell. Some of the Magistrates of
Ileitford having refused Mr. Fenton admission to the
gaol, to see his cliznit, he found it necessary to apply
In the King's Bench for a mandamus, as he could be
4'f no service to the unhappy prisoner unless he .had a
personal c mmunication with him. The Cow t of King's
Bench granted the mandamus, and the expense of the
application formed part of the claim which the plaintiff
sought to recover by this action. The newspapers at that
time published ex-parle statements, not calculated to
create the best effects as regarded the prisoner; and
.hlt. Fenton, at the legal guardian of his client's interests,
applied to the Court of King's Bencji for criminal infor-
mations against the proprietors and publishers of several
papers. The costs of these proceedings were vet y large ;
but Mr. Fenton asked for no more than the bare ex-
penses he had been put to, and required nothing for his
time and professional services. He had performed his
work faithfully, and the charges were fair professional
charges. Upon an application b lag made to the de-
fendant for payment of the plaintiff's bill, he said that
lie had not employed the plaintiff about the mandamus
or the criminal information'. Part of the 4001. the
plaintiff admitted to have received from different sour.
cos, and the Jury, after hearing the evidence, would say
'what further sum he was entitled to.

Mr. John Munday—l am a solicitor of Norwich.—
..The plaintiff was my agent in London; I took a copy
of the plaintiff's bill to the defendant, and also a letter
from the plaintiff, in June, 1825 ; the letter ptoduced
is a copy. If I did not read the le:ter, I acquainted the
defendant with the substance. I believe the Alderman
teal the letter, or I read it to him ; it was dated June
23, 1b25.

Croz-examined by Iklr.KELcr —A conversation took
place b tweet) me and the Alderman, and I told him
that if he would p e ea penes which Mr. Fenton
had incurted in defending his son, he would forego his
•
charges for loss of time.
The letter, which is as follows, was then read:
" Demi regret excredingly that Alderman Martell should
compel me to take measures for the recovery of my bill, wbich are
to me equally unusual and unpleasant. I took up the case merely
as a matter of busint is, and although I naturally, daring its progress
felt a strong interest in my unfortunate client, set, I must confess it
would be matter of sorrow to me to have my. name again coupled in a
Court of Justice with that he bore; yet justice to myself and fa-
mily requires it. I feel sincerely fur his father, and would willingly
make a sacrifice of the time devoted to the defence of Mr. John

Mundt (which I could ill spare at the period) if the Alderman
would reimburse me my actual expenditure. I ant happy in the
itilection that my services were of a value to my client, which can-
not be estimated by any earthly criteria; the Alderman, as a re-
P. ctir,g and a father, would be gratified on learning that the
respte obtained after the tarsi Assizes, was employed not more in en-
deavouring to protract his existence in this world than in pre•
p.cing him for another. Many hours of serious conversation I had
with 'annoy(' I have sincere pleasure in the belief that it was not
stile-spent. I occasionally found him in his ceU ardently engaged
in devotion; this is a fact known only to myself, because John
Thurtell, with a feeling very common, but not the less unaccount-
. . . . .

- .
able, was ashamed or my mentioning it. This surely was an end
words obtaining, even at the espense occasioned by the postpone-
ment of the trial. If, however, the Alder man should still retht Aly
claim,-pray wait on him for the name of his attorney, as i alsoidd be
sorry to put him to any personal inconvenience.
s' 1 am, dear Sir, faithfully yours,
FRANCIS T. FENTON."

" London, June, 1821
Witness re•examined by Mr. TAILOR—The defend-
ant said that an interview had taken place between Air,

Jay, Mr. Tinthanie, and Mr. Alderman B dingbioke.i
who were of opinion that 101. would be sufficient; he
had paid that sum, and he ssould pay nn more; he said
that if a shilling would di‘ch t•ge Mr. Fenton's bill he
wi old not pay it; he did nut say *My thing about the
mandan as or the criminal informations.

Mr. am an attorney at Norwich ; I was
pressed to undertake the defence of J )hn Thurtell; I
had meetings with the defendant on the subject; the
first was in October, 1823; 1 called ulaan t're Alderman
to know if he would defray the expense of his son's de-
fence. and he replied that he should leave it to his
friends; 'I afterwards met Mr. Unthanke and Alderman
Bolingbroke at the defendant's house, and the defend-
ant appeared not disposed to go to any great expense;
I called in two or three data afterwards to know to what
extent the defendant would go; I saw Mr. Unthanke
and Mr. Bolingbroke; and they said they should not
advi,e the defendant to go beyond 101. I went to Lon-
don and saw the plaintiff, and communicated with him
out the subject of the defence, and the plaintiff was em-
ployed to conduct the defence; the charges in his bill
are fair and professional ; I told Mr. Fetlion about the
conversation with the defendant's friends, as to the sum
of 101. being suffici,!at for the prisoner's defence, hot 1
amnot sure if that was before or after the plaintiff had
taken his first journey from London to Hertford; I
believe it was !boot the time the application was made
to the King's Bench for a mandamus, and before
motions were made against the London newspapers.
By Mr. KILLLY.-1 remember that Mr. Alderman
Thurtell said, if I could pledge myself as to my belief
of his son's innocence, he would stop at no expense; I
did not so pledge myself ; at all theinterviews with the
defendant and Iris friends the expense of the defence
was limited to 101. which had been paid ; the 101. was
to be paid to Counsel for cross examining witnesses.
Re-examined—l told Mr. Unthanke that I shoed
employ a. London Attorney; I have been paid by the
defendant the expenses which I 'natured on going
London, and on other matters connected with, John
Thurtell's defence; the sum of 1001. has' biers paid to
the plaintiff through my hands; that is curly one-
fourth of the plaintiff's cla;m.
Mr. Sergeant SummEs said, this was his case.
The LORD Clams BanoN said, that there was ma
evidence to .go to the Jury, proving the defendants'
liability to pay the claim.— Plaintiff no.tsuited. •

lIR IC lIION, Arcrszls.

The Sussri Ass!zrts c )rnmence at Lewes this day,
the commission having b en opened on Saturday after-
, noon by Mr. S2rgeant SPANKIK, in, the absence of the
Judges, Mr. Justice PARK and bir.Juuiee GARBLES,
who were detained at Croydon by the heavy business.
A great deal of dissatisfaction is es pressed by the Soli-
citors and suitors at the short time (only three days)
which has been allowed for these Assizes. There•ate
at present several r colonels from the last Assize, and as
there are nearly thirty causes, of Which five are special
Juries, for trial now, some of which are expected to be
very long, there will no doubt he a great many rrmatuds
again. There are only seventeen prisoners to be fried
in the C►own Court.

POLICE INTELLIGENCE.

MANSION-HOUSE

Whom Pose, a mariner on board of the ship London, from Rot-
terdam, was brought before the Loan Marisa and Aldetman
Thompson, upon an information charging him with having been
found on board that ship when it was liable to. seigure. with 4
knowledge of that liability. The penaltiliiiste yeas' •seririee fu
kis Majesty's navy.
Benjamin Donn, an inspector in his Majesty's Customs.
stated, that on the Bth of August he went on board the Loudon,
accompanied by John Davis, his watermae. Upon searching the
vessel, be found a bag of cigars and a bag of tobacco, contealed un-
der the coals. Witness immediately seized the vessel and cargo,
and gave tbem,in charge to Davis.
John Davis stated that he was preitnt at the seizure, and that he
delivered the vessel and goods at the Custoni-hons.t. He after-
wards went, in con,eqtrenee of information which he had received,
to the prisoner's lodging in Church.lane, Whitechapel, and heard a
conversation between him and Captain Gibbs, of the London, in
which the prisoner tad the Captain that he bad brought the goods
on board.

Captain Gibbs stated that having been informed of the seizure of
the vessel and cargo, he did all in his power to ascertain by whom
the tobacco bad been smuggled, and he was told that Page was the
offender. Upon chargiug hint with having caused such inconvenience,
Page said that he was very sorry fur having done so; but be hoped
the Captain would do all he could to get an amelioration of the
punishment. Page then acknowledged that he had not received
assistance from any person in stowing the tobacco.

. .
The quantity of tobacco that had Lien stnuggled was, it was
pored, 161 h. The LORD Ilaros asked the prisoner what he had
to say in tits defence?

Tie prisoner aid that he would leave it to the mercy of the
Court.

The Loan MAYOR—We have no discretion whatever, unfortu-
nately, in cases of this description. The law is imperative. It is
quite a new one.
The Solicitor for the prosecution stated, that no leas than two
notices had been stuck up in the birth of the prisoner, cautioning all
on board front smuggling, and stating that John Nichol! hid been
committed to the tender for having concealed 61b. of tobacco.
The LORD Nami—Thai case of Nicholl'a I thought a very bard
one, as it was evident that he was not aware that be was offending
against the law. But this is a very different ease.
Captain Gibbs stated that he had taken particular care to caution
all his men against smuggling : he bad done more—he had not only
pasted up notices to the effect above stated,'but be bad jot 500 of
them printed at' his own expense, and distributed amongst the ships
at Amsterdam and Rotterdam.

The warrant of contrnittal was dun signed, and the prisoner was
taken to the tender.

HATTON-GARDEN.

Yesterday, a young mass, of most respectable connections, was
brought up by Vincent, ass officer, from St. John's watch-hou•a,
charged with stabbing a man named Hubbard with a clasp knife.
From the statement it appeared that about eleven o'clock, on
Saturday night, Hubbard was sitting in company with some friends
in the Hornallfiblic-house, St. John-,sreet, when the prisoner came
in, partially intoxicated and covered with flour. Without sitting
down, ►e commenced stating, that he had been very ill-used in ano-
ther public-house, and wished he could get hold of the person who
had done it. During the relation of instal*, the prisoner received
a slap, termed a bonneter, on the crown of his hat ; and, at the
sane time, Hubbard leaving the room, was supposed by the
prisoner to have been the individual who struck him. Pri.
sower instantly rushed after hint into the street, and aimed a
blow at his body, which Hubbard warded of, as also a second;
but, in the same instant, received a thrust in the left thigh,
with a sharp instrument which was then first observed to be in the
prisoner's hand. Hubbard, who is much the stronger man, oil
finding himself wounded, laid hold of the prisoner by the collar,
and dragged him into the Horns ; be, during the struggle, making
attempts to repeat the blow. A watchman was immediately called
in, and, with considerable difficulty, he was disarmed, and secured
in the watchhouse. By this time Mr. Austen, a surgeon, had ar-
rived, and on exlmining the wounded roan, found the stab to be
about two inches in depth, and of so serious a description, that be
recommended his immediate removal to Si. Bartholomew's Hospital.
Hubbard was very far front being out of danger, and was quite
unable to be removed from the bed on which be was first laid, the
wouni being of a very serious tendency.
The prisoner appeared to feel acutely the situation in which he
stood, and scarcely lifted his head during the examination.
He was ultimately remanded until Hubbard shall be considered
out of danger.

A Gent reman named Topham , residing in Camden-town, appear-
ed to answer the charge of assaulting a watchman, named John
Collins, on Saturday night.
Collins, in a roundabout and prevaricating manner, stated that
about eleven o'ilock on Saturday night, he " seed the german" in

Platt•sereet, and ordered him to go on ; this he refused and alauged
complainant shamefully, who then took him to the watchhouse.
Mr. LAING-410w did he assault you ; did he strike you ?
don't know, your Worship somebody did.
Mr. Lainc —Were you drunk or sober at the tithe? Take care of
yourself, Sir.
Collins (hesitatingly)—Why, ynnr Worship, T can't any! was sober.
Mr. Cats° —I thought as nivel'. Pray, Sir (to Mr. Topham),
what answer dd yon make to this charge?
Mr. Topham said, that he was a housekeeper residing on. the
spot, and at eleven o'clock came obt of the Camden Arms. At the
door be met Collien,the watchtban,who asked him to give bim a glass
of gin and Water, stating that it *as due to him for some service done
previously. He ( r. T.) not even knowing the man, and alma perceiv-
ing him to be intiniated,refused to treat him, and proceeded towas ds
his own haute, to within a few yards of which he was followed by
Collins,wbo, all the way,kept ordering bim fo walk on, and using the
most abusive and disgusting language, declaring that he was as good
a man as half the pretended Gentlemen, and occasionally pushing
him forward with his bludgeon. He (Mr. Topham) at length
turned, and declared that if he (Collins) dud not go to his duty, his
conduct should be reported: on which Collins seised him by the
collar, shook bins, and dragged him to the watchhouse, where, fur
a considerable time, the night constable refused to take the charge,
when Collins became so outrageous and insolent, that the charge.
was booked, on purpose to have the matter properly investigated.
Lorimer, the officer of the night, was about to corroborate part
of Mr. Topham's statement; but the Magistrate declared it had
turned out just as be had anticipated, and ordered the parties to
change places, When Mr. Tophain having been sworn to the truth
of his statement, Collins was ordered to find bail ; and Mr. Lasso
gave 'directions that his conduct ehould be reported in the proper
quarter, until which time he should be suspended from his' duty.—
He was then locked up in default of bail.