The Statesman.
London, England, 1818-07-02 00:00:00

Tilg STA'

debted to Mr. Popkin, of Dean-street, Soho, in,a
considerable seat .opus bills of exchange. The latter.
took the security of a warrant of attorney to confess
a judgment empowering. him to see net eueationi
against the Plaintiff's pectin° and property ; bet is
the coarse of that year the whole tuns due to the De.'
feidant was dischaffid. .Mr. Popkin had, however,
taken the precootilop of entering up his jetipawmt,
sod had lodged the saurian of attorney In the Sheriff's
office, that hie claim, if any,, might be prior to that
of any other creditor. In November, 1817, all act.
counts bet wetu the parties were clotted, and the
Plaintiff, not. owing a shilling to the Defendant, to.
golfed that the "tyrant of attorney aboolti be gives
op AO be cancelled; het Mr. Popkin evaded rile de.
demand, observing, that it bad been filed and creed
not be removed, bat the Plaintif need not be ender
any apprehension shoot it. as it was done with. The
Plaintiff and Defendant ep to this period had been
on terms of friendship, bet between November, 1817,
and March, 1818, they differed: the Jeri would be
aware how dangerous it often was to eacite the one
pity of an attorney armed with power, and disposed
exercise that.power unjustly Cod illegally ; at least
stesfriFts of this case proved that it was extremely pee
6 Oaf, for on the 13th of March last, wittiest obit
Ilightest previous intimation, or a moment's notice,
'without any claim even. of the smallest amount,. the
Painiiir was taken into comedy at the suit of Mi.
Popkits, on a writ for 1641., besides the Sheriff's
poondsge. This 'Conduct could not but mitt the
utmost astonishment, and it proved of the utmost le%
convenience to the Plaintiff, who was in trade, end
whose presence mostite necassary to the due 441011.
disci of his affairs. Nosbeil could be given, for it
was not an arrest upon mesne process; and it was a
ininnth before the commencement of the Term,
when the Plaintiff might have been relieved by
application to the Coed of King's Bench....
This Mr. Popkin. well knew—his purpose was to
keep the Plaitstiff oolong so possible in confinement,
end, If possible, to ruin him by it. He refused to
cement that the money should be placed in the hatids
of the Sheriff, to abide the event of any proceeding ;
and the Plaintiff was compelled to take eat three
summonses at a Judge's chambers, before be mild
be received from his state of durance. If Mr. Pop.
kin bed only wished for the safety of his debt, be
might hare appeared to the first, and consented to
the diseharee of tbe party; but he delayed to tit
utmost extent (not being ander the necessity of sp.
peering before the third gammons), and at last re.
sisted the application. Lord Ellenborough (the only
Judge in London, the rest of the Bench being upon
thu Circuit), however, directed that on depositing
the money, the-Plaintiff should be set at liberty.—
This proceeding occupied no less than eight days,
from the 13th to the 20th of March, during which
the Plaintiff was in a lockup-house isi Warwick.
tout, Holborn. As the. Plaintiff was perfectly cer-
tain that he did not owe a farthing to the Defendant,
tither upon the warrant of aitoroey on which he had
taken out execution, or otherwise, he applied very
early in the Term to set aside thejudgment, and after
some discussion it was deemed expedient to refer the
matter to Mr. Reader, the Barrister, who finally
made his award. declaring that there was not the
least pretence for thedebt on which the Plaintiff had
. been arrested and imprisoned by the Defendant.—
Whet • hen could be said too severe of any man who
had been guilty of sorb unheard-of oppressloo; hut,
above all, what could be said of an attorney of the
Court,' who had proceeded against his hotter know.
ledoeorterely for the gratification of own dark ma.
lice? That malice had actuated Mr. Popkin was ob.
vious from the whole transaction ; bet if aey thing
were wanting to prove it beyond contradiction, Abe
Defendant himself bad supplied the evidence; for he
bed avowed to a Mr. Kelly (the neat door neighbner
of the Plaintiff) that his purpose to rein Mr. Rogers,
and that failure most be the consequence of his im.
prisonment. The Plaintiff', therefore, had a triple
claim to compensation: first, the injury and gaffer-
leg he bad sustained; next, the consciouness of the
Defendant that he was acting illegally and answer.
tautably ; and, lastly, the biotic and inveterate milk*
by which it was clear he had been actosted.
Mr. Alexander Kett', of 5, Pall-mall, deposed,
that never having seen Mr. Popkin before, he called
upon hint respeclisse two bills for 501. each, which had
been presensen by his brother, and which were se-
c-Nord by the witness for the Plaintiff; for one of
them the witness had espected that the Plaintiff would
hate provided. He sew Mr. Popkin at his house in
Dean-street, Sohn, who advised him to pay both the
bills, u foe, actions would be brought upon them,
and he tumid ultimately be called upon to pay the
*swum The witness asked Mr. Popkin if he were
not me friendly terms with the Plaintiff; to which he
replied, 66 no, quite the .reverse; and to convince
you, see what I am -going- to de." He then pro.
tiered a writ, observing, that it was en execution'
against the Plaintiff, tied that• be showed it to the
witness in confidence that he would tell nobody.—
He added that the Plaintiff bad used a Mr. Mnrland
very ill, in serving him with a copy of a writ for 91,,
" Allow so to observe (he continued), that in the
'tweet of Rogers's faller, a circumstance. not Impro.
liable, I presente the whole mance, of the four
utions will fall opus you.'
Cross-esomined.s—Mr. Popkin's brother came int"
the office for papers during the conversation; the
witness bed disclosed on the same day what was told'
him ia confidence. Rogers had been a bankrupt sum;
years ago; the witness had bought a lease of Maio
aid paid a smell improved rent of 25 guineas to hint;
loot the remeinder,2lol., be paid to other peruses.
did not know that Popkin's brother had pre.
slanted the two bills for 501. on behalf of Mr. Mar.

land.
George Dike prodaced the ca. sa. for 1641.14+. 3d.
under which the Plaintiff had been arrested on the
13th of March.
George Wilson, the officer, proved the caption.
Rutgers admitted that 100 guineas of the debt was for
mosiey lent, bat he added that be bad been made a
bankrupt since.
Mr. Hoary ,Beiditeb and Mr. Serge proved the
varies. prate/ finis with regard to the summonses, to
the applicitiort to the Court of Ring's Bench, and to
the award of Mr. Reader, which was proved by Mr.
Roe,__ that Gesitantao's clerk.
Mr. Serte, on croweiantinitian, admitted, that
the arbitrator Rogers had stated that be had been in-

:, t.y

M.

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debted to the Defendant before his bmakruptcs
that he (Rogers) bought, the stamp for the •
of attorney. The bill ofihe Witness anureeted
The Pia!astif . cos* having closed, Mr. Ti
for the Defendant, took en objection toil*
the action, contetrding that as 1W writ on which the
Plaintiff bad been. arrested had not beetroot aside,
trespass of et asses would not 11e.
Mr. Justice Altnolr Mail decidedly of e konerar).l
opinion. The Defendant had not pleaded the writ sal
a justificatina, only g.oerelly not guilty. If up.
Veered by the *ward that. it was directed to Wait.
Mr.Toeetwo suhatitted4il the Defendant...
nothing to du with titearreeti he had merely *phi lbk
writ into the hand of the. Officer ; and it tied beige
settled that a Plaintiff, was. not Wilde for false ifli
prieonatent, unless be ' was actually present at the'
arrest of the party.
Mr. Justice AiisoT.—He is not liable fee zea y
regularity by the Officer, but be is liable fiettta'hek,
of arrest, if it be illegal.
Mr. Toertne then addressed himself to the hey,
contending that all. the facts-wete not, and cooldset
be before them, and regretting that: shit arbitrator
had Got thought fit to give any directions_ .41tether ,
the present action should be brought. He' igreed
that Mr. Kelly's elide's.", the chief ground far
voting malice, was notAstetithie;•.o4 `at all.evitets„.
that he had broken thseostlidrace repealed its him b.)
the Defendant, I. ohms he ease for advice. -
Mr. Justice Amos', in• seaming Op, went throob;
the testewepy his Lordship did not see eny moon
tar refusing credit to abi.'Keity,i respfttatio trades.
man ; it did not appeaethat he had violated any can.
firleoce ; be had out songlit it. Only after the De.
(endow had shown his the writ, he said Oat
lied upon him not to 'beetles it *gala, bet so pieta
mist was given. It was ouch more probable thee
the Defendant had spoken imprudently, than that the
witites's MA sworn antrely. 'lt appeared, diet 'the
Plaintiff had beets dejastly congaed for seven or
eight days, thnegh Mr. Popkittesith perfictietatity to
his own claim (if he had hodany), might have released
him on the third. Under these circumstances, it was
peculiarly the province of the Jury to Midge reason-
able and temperate Compensation to the, party for the
injury he had received.
The Jery consulted fora few mimates, sad foetid
a verdict for the Plaintiff—Damages 8441.
-It was admitted on all hand, in the course of the
proceeding, that the 1841. lbs. 3d., deposited in the
hands of the Sheriff, had been reiraid to she Ptaintiff,
with mists, recording to the award of Mr. Reader.
COURT OF OF EXCHEQUER. Jot's' 1,
TIM ATTORNEY-ogNeRAL V COATES.
Mr. DAuNCIty stated, that this was a prosecution
commenced at the instance of the Commissioners of
'Snaps, against the Defendant, who is a printer at
ik Wit ksoort h, in Derbyshire, • for the recovery of two
ipeoaities of 101. each, for telling unstamped alma.
packs-, and of the tom of 41. 10s. being the amount
sf itanap.duty Citron a quantity of gimmicks printed
by the Defendant upon unstamped paper.
Thst the Commissioners of Stamps had great rea-
son to believe that my extensive frauds bad been
committed upon the Almanac k Duty of late ,year.,
that the present Defendant was inspected of having
been concerned in these practices for many years
past, end- that the offence would be satisfactorily
proved by the witnesses whom he should now call.
J. Mealier stated, that he was a shoemaker reairla
log al Mapleton, in Lkrbishire • he.went J Pot-
ter s desire lb Wirksworth, on t1e13.1 its N•otember
last, and purchased three quire of slums (a cant word
for unstimped almanacks) of J. Coates, and paid
him it. Id. per. quire: he went again on theld-of
December, end purchased three quires more; and
agato,. on the 9th of December, and purchased three
quires more: the almanack is called 61 Paddy's
Watch ;" be delivered the whole of the alutauscks to
•3 Potter.
J. Potter (a Stdioner residing at•Ashbourne, and
en Agent of the Stationers' Company! in London, who
are materially interested its the 'oppression of this
species of fraud) stated,.that the anitansped Alma-
nacks•prodoced were theme. which wee. delivered to
him hy-the last witness.'t •
The CODE? BARON giddy list the Peewits cited,
.made nut, and the Jury found a .verdict for the pe-
nalties, and the amount of duty. •
SAIII v. 3iASnit.
, •
This was a similar prosecution. The Dfifetideoi
was a Printer, at Helper. in Derbyshire.
That same witnesses as in the law coot; and two die.
hind purchases of tinatamped Alder nicki Wire Owed'.
The title of the Almanark is 4. Poer itotiin.” •
Mr. Compton Stll.ltAnTertdrevitirl the Jury on be.
half of the Defendant, but admitted, that Ad eilb te+.
the part of the Crown had hems clearly made
The Jury found a verdict for the tmo penalties et
101 each, and for thesis. of 4221. 1014 the adios* of
duty.
The Crown to intitled co tests hi an -piiii•ettibiti
for penalties given by the ~Ats"Mittp
Ditties. •
LONDON . white ID. •
• •
Corsto.There woe outy:otte peblbc sele,ef Cot.
-fee brought forward since oar lest account; tt'etsn.•
sisted of SO% casks 384 begs of BillislOiliatatieti
descriptions; notwithstanding the .lief 11ed
the 'whole went off heavily, generillyat a: reduction
of. 21. to 3s. per cwt.; the Demises Celfailit the
fele, we believe, was taken le for the'peripriitors:
having stated the decline of b. to.3s. per cwt. bathe
prices of Coffee, it may be proper to mentien, that
the greater proportion of the Jamaica and Datharttra
Coffee was not clean, and of coarse not' efalr' crite-
rion of the market ; the Dominica in the sale
dling sold at 1335:, *hick bad previously beet; I'o.l.
4izing 1355. and 1300.; good middling sold 'et
Id. the
.same qualitf previously Worth 138 s.
Ito 140 s. The demand by priest. contract towards
the close of the week, and yesterday, Was ektreMelej
.
languid, on account of shi coutlatieds onfavontelde
accounts from the principal maikets of the Coed.
neat.
TOSAcco.--abere; are no sew 4rrivAls of coni
queues to increase' klei stock; the continues
limited ; the prices• halt art the sliglitettisriation.—
A public sale of TabaccO was 'brought forward last
week.; the Porto Rico sold teadily, and was of a

.641

.

A.

Iso•ic., __ ly
Eh.. public isle conaisssd of 172 peoshise. 1111 is
ites4etptto«s;-29 te, 34 s.fria at 55.; trend, :
,i, 3,. 1011.-• 19 co ilti,.3e.. 64. w3a, 71; 13 i
3,- 2.1.. te!)...34. The itostdr ropdfliois 1
' stop,. "Res of pa infetier description • the prii
.
,rhallinktact tee, be silted to have bees 1
,s.spp-tted.
Shalei Etas, mid lreisoor.—Mte deem
Tana, ge-aily revived on Saldrday.;.the parr
which were consideiablerawas reported to be o
Illatf4l4oll 2.tha p_ lora * resseqeoscs, idassicea
YeblefdityptiOrellow-Ceedte 'rifles As. nal
• • • . .
:lens .carrfolt.grali)ta4 I no fillet* wader the
.ate. INisiii alidiriiia *iris viiilsorit iariatiust.
Otas.rlat 'Witted pieshates -of (remold
are at pticra a shade hisser: Sowhets Oil be
.31. to 41." tor too fewer.; .tlaw realocalos.fild lbw
of briusiog fwitiard egiOttlito pl:Ltrerill' the 4
In cauaeqoesice mot _ otrti • Mu the dept
. . .
which bad been estiarifted IN tuft do imprWiera
the &arsine) of last Tweak, fists Owl- rek 1104 :
Ott is a abode Is loseflet.,f Olieftplleee ti
se variation. .The iiiroditiednis(ted, 094
duals was, at 311., peolome,..:-; ,-, -: .
..- ;
•-
- • • 110441) se Saljj Xs Icar* le
lilts totes o. • ..,-
131eDerewilwir bra arearaxse•artior -4414 1
Meths ist Nay, he was dent te4. b .IN.-. Mote' .an
wife iiiiiic lAiniti. fat ihr•PlitilqhflCiiitiltil-64, .
Isar, There wail aqv .ant at hip to , alb
5(510.1 1, no. horst sugar. with tapholes,. •
la t ..edefesee it apeman* .bf led Mit
t
Sqg
trade. as he hod beeps b, other oeit'y One.
was ignorant of being ii** tri a, pima t . la
using rods hqstils. He Wm amide ed Mt • I
• notwrit.i.e.a. a potter,. wadi enny ogled :04-,11111 4
Ilb. at wa willies. a permit. He, pletterit4
inilty? and 1
at the flaw. be isaderssood that the young Mkt 111* bet
thehourefrum atomics he brought tee tea, oat Mloi
with the permit.
Tat KING V. MANN.
•• ?be Dedetsdant is a wine;aterehant, and no Ilie 9.51 h
beer** Wirt ea and lUP palates of wine to e Mr. ON
resided in tbc auk 'treat .s hie.. While is was room
the lkiewilaat'sioesAir• to Mr. Meant's, the Acres
h, wad, skim, Igir tl
ovequeweaef so permit being ti
Jahalteirma, to Mr. Mann, proved that on
Apia*, pad w eir a regain for a permit, of *hid
swarja she hwah•belonglog to the count ing-hoose. II
la sneer an Sauteing, and as his bminesa swished 1
conism? egos that tiny! be pot the requiry into his tin
as int** of precuts** a permit for the sine iu qt
On going toe the poimit he met a moo oha aux to
OHOOP), had having forgotten the mien). which co
his pocket, be proceeded through different peru of
collecting.
The kook was pro 'ticed. and ,a max prow, d that I
the ',gun, for the permit was made prior to the leis
wine was therefore ordered to rte restored.
TOO (LING V. OULU Ana MINS.
Jonathan Kay examined the good. of 11w Defend
MS inwati,apers, and on be tilt of Feitreary fw.l
shop several pieces of calico without the duty was
pieces were entire. except the fringes. which weave
been taken of Some remnants were is the shop,
peered to belong to the pieces in question.
On behalf of the Defendants it was urged that It
being Journal of the utility of having the dusty ,tam
to the pieces, were f eqiieutly. la the harry of bosiiie
to cot of that part as vamp es of the goods —Penalty
Thomas Davit, a porter. wa. coovieted for rarebit
thy of spirits It ilium a perissi .. M helf.past ill Wel.
Right of he Illib of Nay. be WO4 met by a City Ot
Warrant( him miming , boodle, which bribed moo
1 has ism' eostody. • The boa I. consisted of two b ad
e lab spirt s. which were to a tech. Davit awl state
tlieemplaymeat at hi. uncle. -He was fined sl.
The following pubficana were I (waived of hawing
possesses* spirhs. which being ender proof wail forfeit
John P. Mucaldry. who resided iu Smithfield.
Thomas Tapia', who keep the sign of the Ship. Ja
I Cures ,urea

It Miami Irby, of the Aga of the 6rapes, Deke,si
oda s held*.
Samuel Parsley, who lives at the Bull's Head,
chapl.
Tag aille v. NICOLL&
Hefevalsat was convicted of linvieu an unlicea
fal wick is Igasitet-siteet, I'oRu:op.—He was order
a at 601.

POLICE.
Bowireascr.—Weinesday Henry Willis,, abs
ferry-boot ovrr the Thames at blew tart was bra
Hake c..arged *oh o most outrageous atisult to
Strickland, •o he resi.ten• is that totighb or cord
set op teas into:lea ion; bat the htst4istra e obit...vet
charge was or is that be ehoold expect very gut
eonsnived tom for want of it.
Q., Illit1•11111. Wedarfdlly Miehael Roland writ
sat tied to. charge. of laming vat as Il ant 51. woe
in to be the noses of a batik (eal.ed 'he Ezeaer,
Ireland Bank) which fail d sow years ago. Akr
a tradesmen, who, Mad me!, d the. a .tea in pa
peeved ..gttlust tbe Prisoner, who in pasvi gr:eusol
sewed, tlitaseitas beloogieg t Sir Fraa.-ii Hard
*moll *glen, the I.4stilord of the lied Uoa. in Pr'
wheren Liemikee is held, seated, Um, ots Tuesday
Prisoner Iselsotiahiss Wise, said, be wait ed to Aire;
Laud 44 40 4rreioes. sad eeheil Nettie for a i
the corpare. wi .ars.. ollpi.. tb d. the Noel
natal comb" at first be.it it..d to giving 1.405
'as ton.bAwring it ass elee,ine time, be hatattlit al
and gave hits 31. is &oho( icogtan.; soles.
Tb Illeateintern informed tbe.Prieeoer
which be was charged weskuhibley and ;Of he ati
ties i• lUW. ark, abed:M.BW le VOL ht t
lows' Mil et, Wald ie. some; fed; .pr... is dlpatd6
meat chnylehle4. The rthmgcv- !"i.4.41,0
owl he w ally etteasitted. ••
• .LADISACTII.9IIIISIN—.WpinsaIi.
.hteugat up,ldsp etas
*Worm since eo .0. eloritiAMlClWeWate
of she
eonstvine.see
ritimer.wthtd‘ttftstrOds • Tits;
Itileglii_~trM4illl7trAinrtzl%,
fues.oee iii tbelf 1
eilloet, _rook-4w sm. tit itestar
tile *WOO had ;" isstafiesta'
Me mod a forbamter rose
%wr...ridie,:tieliallhired old siopp
films timid. Oath waiting aloprbee.. be Seeed•tbrier
'won so. be at the Beek WC lieglasid, far 41• V,
0:40011.11 stiailfra7 ar‘ .higte#lo4l.#oloo • prove
vast, teertvd her. Ter-rnmoser 1114 Alty tea
bee teletleseilertibesessebotatettri,
Yeisitileyos Jim. itiburyt srbo ..its
Poor: Alnet Wita. vigil Await homy Hume
Coorebt.gertkes-rostlteti lase Mouth% hoof
as. far linightsbeidge, olotteasos red g
a Goollossates csreisge, which was going
lace, lest loot alipp-d, she fell between t
s.d •beforts lbw ceschinew stopped, she et
!seedy bOy iA so the road. That peer ex
her lei dreadtilly - fractured, bar clothes
wail otherwise injected: As soon as the
gives 4 the coach's.. stopped his horses, soil
every insistence that hamanity. could sag
was eonveyed to St. Goorges'lllosphsl.
• Mr. Montague,.of the-City, proreeding.i
fields, on Tuesday night. was attacked by
who, after severely tutting him, rottbed hi
lioult.fieses, and *onto enuntry Ctoint`a.

I. NOON Printed and PuNlisti,d by 4). 1.0,
STVIre3II4•N Orrice, No. 4, Sali3hory-coert,

. .
1c) , and *cry iinst 'queisit : thlegiettitelii was brdiitail
w
*arro thr S. Dasliags;rose oat sod withdraw, at 9d
dto 44: offoto: Ow fhitotkoOlh 'Alban° arift• *Ca Very
'oilino. qojl4 I. Illif r itedritleti et 1.74. le Mid•
tap ow iii Itti*,,B.*:Ntpytand HOl44st DS.— Ihoto wai
mos the be•io4si &eye is Hos by iitti'EUticiniteiet toot'
- -