The Statesman.
London, England, 1820-08-26 00:00:00

14!tE sTATF:sNIAN.

SOME E7'

EXTRAORDUYARY CASE.
A PATH LAP, CIIARGED WiTII ROBBIN 6 TUE vuort.ti

RttrunAat e. Ell.—Sergraitt Nem. opened
the case by stating that ucter in his profes. • 11 ex-
p-rience did he rise with such anxiety of mind on
present occasion. The parties were bolo .4 the
highest re-pectabi'ity: the lady. residing in thy-
street. Bath, u as 70 veers of age. had levier been mar-
ried; was the daughter of a clergyman in Dorset-
shire, who happily was dead: hr said happily. fur if
he were alive to heir this accusation against his daugh-
ter. he could not hare survived the disgrace. The
Learned Serjeant -then recited the case, which was
briAly as lotions the 14th of lay last a col-
1-chum for the National Schools was made at the Oc-
taron Chapel, Bath, after a sermon preached by de-
fendant. The plaintiff was at the chapel, which she
was not only in the habit of frequenting on Sundays,
but on week-days : on her passing the box held fur
emeiving collections, sloe deposited her donation and
took f r the box a 11. note by mistake, which the
defendant had boldly treated as intentional felony—
as will he seen by the following articles which he had
published on the subject. Here the Learned Ser-
geant went over three separate paragraphs that ap-
peared in "'she Bath and Cheltenham Gazettes" of
May 17, 24, and 31. Then hr ptoduceol a letter also
proud to be written by Dr. (lank:ter, and sent to
Airs. Bingham:----'• You hare matey friends, take the
advice of a true one—be off—or a will be your'
fate---the plot thickens." The Sun 'ay after the first
article had appeared in the tiazette, Mr Peregine
Bireghun, learrbter-it-law, a relation of plaintiff's. ar-
rived in Bath : waited on I)r. fiarolemer, anal tried to
rersuaole him to think of the affair as he leltoe-elf
'le interview ended with Hr. Garekner " sir,
ct.ly wait till Tatesday, and enorriething iterfek .ly
factory will appear.- Mt. Weigh trim refill ete,l to Lon- ,
dor trade composed, but in a few etas was shoo:col to
another libel in the same paper. si;:eled " Vindi-
cator." which was the doceurrent the Doctor hail al-
11.1ezi to. which be said wonlel be st perfectly satis-
factory." _ _ _

Thi. the Doctor hail composed for the press the eery
day alit hr had elven 'vela an dormer to the nephew
of the plaintiff. Nest calor the lettersigned •• Clincher,-
sr!:ic 'a the Learned Sergeant said was in a state of le-
v;ty labeconting the Dieter's sacred Inactions. Un-
der these circeinstaseee, plaintiff had to 'shish to the
°Leggy of these !rots eharKel, or vindicate her honour
by detectiag and pusishing the anther. She chose
the lahei alternative; and hrovight the resent action
against Dr. G. who bad bees proved to he the author
of each of the vehirh, of all means that the
Doctor could hare adopted, was the ttio,:t iinjustifistle.
If he thonght Mn. B. roilty, he should hater applied
to a Magistrate. and proceeded against her in a legal
manner ; nut appeared as a libeller, as he doe* craw in
I 'oat. The ani..unt of damages wat. immaterial, whe-
ther 101. or WWI. was Witter...at to his *Rent her
oak objert was the restitution of that immaculate dia.
ratter which she had born for 70yzars.atid shied' she
bad hoped, would be carried with her to the grave.
Harry Lee, Esq. said that he had for many years
frequented thtagoa Chapel ; that it was customary
to lay in the pews hand-hills Mali% e to the culler iion ;
and people in general took them away; he saw a 11.
note in collertio rhos rumpled np; hr.' known
16 year.; did n-t believe a better i haracter existed.
Henry Smith, joint Proprietor of the Bath and
Cheltenham Gazette, testitie Ito Dr. Gardener
written articles signed '• ator,- and -‘ Clincher."
Mr. R. Curtis-ell peeved that lie received a letter
from Lieut. E. Bingham, signed with hi: Saftle ; and
from Dr. Gardener a paragraph di.clainsing know-
ledge of the article in Ruth god Cheftertheoe Gazelle.

H. Ih•cring, Buy. (Circus, Bath) held colkctiva•irtx
tie 14th ot*May. When he retarnetl to the Vestry-
roma, t Lady rase in and soil, •• stir had taken a note
L} mistake out of the box. aril cainr It, return it 3.
sooa as she discovered it.'•

Dr. U. afterwarlii laid witnesi ten t hate dropped
the mite out of the hen ; irhirh eritne., denied.

I'. Bingham. Bel. detailed interview with Hr.
Gardener, as mentioned by Sergeant Pell, and arced
lir. U. to influence John Smith to bring accusation
against his aunt before the Mayor, or he would ; but
on the Doctor's assuraure of something satisfactory
being about to appear, on an ensuing slay, he went
as as perfectly satisfied.
Witnesses to character of plaintiff were then adduced
Colonel Hingham, Wyndham liooddeti, Esq. E. M.
PicydeL Esq. J. Duncan, Esq. General Mitchell, 6en.
Sir G. Bingham, Parry Hedges, Esq. and Rev. J. Hill-
yar, severally gave evidence to their haying known
plaintiff from 17 to SO years, auJ, in their opinion,
there did not exist a woman of more exalted character
for honesty, piety, and morality, in every point of
sr;cw.
Mr. Moons, for defendent, said, that if the Learned
Sergeant felt deeply his responsibility in opening the
case, bow much more most he feel ? The plain que%lion
in the ease is whether the lady has or has nut been
guilty of felony. 1 stand to defend the Key. Duchies
cause, and prove that what he has published is tine ;
that the first printed paper was published by Dr. G. is
by no means proved--therefore the duplicity and deceit
11../ meek talked of by the Learned Srrjeant falls to the
ground. It is proved is evidence that the lady has hems
.af exemplary, moral, religions character 1 claim the
•arue acknowledgment for Dr. Gardener. With regard
to the question at issue, no evidence had been brouilit
forward as to the *truster' s,/ the pelisse—nu, nu—the
Learned Sergeant had stuck to I statements, and
was afraid to grapple with particulars. Another
point had occurred to him as desOrying great attention.
Why should Mts. Bingham, on discovering the note,
immediately fancy tbat she had taken it from the box )
If she did not it came from the bus, there were
many other means by which she might bare supposed
it became estisighii-is her gown. The ',earned Gent.
then spoke of the etidente he intended to bring Rot-
ward—.they iiertilosr s4rantl, but of such good cha-
t:etre a easfoled, toi, ve.ur any aspersioal against
thesis ; as fetal strangers so each other
no oboes of onniojnagy mould gland ground for a um-
sum/ ..lio.fhmisatspisolatei the evidently •Iso bad to
heidOrroranb sisilkomfd•flrat whoever tatty Wits. ire-
dmi.hat of the fweitityrettit, the respoirsilllifty *toad
bet feet withititne nf Ors. tH

Proved) great and aa.fil n+ it weitlil he. would not 1+
greater than that of the Ika•tor and hi• uitnr•.es, if a
verdict went against them. Their character., would
be lent; and character is the very atmosphere in which
we live, breathe, and have one twitter.
The witnesses for defendant ricer then brought for-
ward.

John Smith had lived with Colonel 'Madden twenty-
four years. On the fourth of May carne clown stairs,
saw Mr. Deering with the box in his hand..—saw a
note in the middle of the box, when going to .deposit
his trifle ; saw a lady at the box---withdrew his hand
to give her precedeuve-•--she put her hand in and
withdrew it. saying, " Oh! that is my note."
said, " No, Madam, it is not ynters, you took it out
of the box." The note was fielded •and squeezed up.
Witness followed the lathy nut of the chapel, she
walked at a quick pace; he went round a sedan chair
in Thlsoewstreet, and confronted leer. wore if he knew
her. She went towards Quiet-street. and when there
took the note from One hand to the (Weer, and looked
at it. No person besides uitne,s and plaintiff was
then in Quiet-street. Ile heard his wife call him from
Milsom-street, and instantly it ent to join her. Mrs.
Hingham then turned round towards Iltenel•street or
Ureru street. IVitness had n..ver sect) the liols beforr.
The way throuzli Quiet-treet was not the direct
way to (lay-street.
John Webb. (servant tee the !lon. Mrs. Stral•ge)
saw a lady put Oval- inti• the Lot, in which were a
few siattered pieces of siher. and a 1/.. tio:e at the hie.
A lady bad taken ...et her hand— but it in :Lain and
took out note---heard her •:av words mentioned be
prrcedinst tyit ..•.-•
John tiny., oerv:tiet to 3lrs. Rayne., IC. l•atherine-
plare.) testified ti the • mile effect.

lhortiag lirintht• snore to th•• same, wi,!‘ additions,
dirt she lookedlir. (kering in the fire at the time,
hikt he was (puking to another direction, and at
that moment took out the mite. Did not hear the
*oral mated ht Smith ; but heard >mile too,- sat•,
" I)--n her eyes! she has taken out the mite."

Rev. J. Symons was in theVe•tre-Room when Mr..
Bingham ratite there ; •• she bad. by soave me.,iis or
other, I iken atva a 1/. note by ma stake in her •ittese:
on discovering it, she intuiediately returned, and
brought it back."
A few more it itneseses were adilnced to strengthen
the preceding evidence. Awl then
Sergeant PILL. widre,seil the Jury in a most feeling
and impressive speech. It.tnast be with eipial pain to all
parties, that this C3114r was committed to the final deter-
naitnition of the Jury ; hut whatever may be the deter-
mination. Pr. Illardetter could not its his cool moments
approve of the condor/ lie has pursued. Mr. Pell had
forbore, to examine one of the witnesses, and there
was only one of them (Drinisliy) aith wbuseevidsnee
he could find at least fault : assertions respecting
the boy's exclamation, 4. 11--n my eyes, kr." were
totally void of probability of truth. The Learned
Se-geant then appealed to the .Inry on the nature of
the evidence. which tested on this simpte gnevittif
11. i• or has not Mr,. A inghzin been guilty of
mu *:" It w;t• a caw in even reveet the SalllfS as
if hrotitslit in a criminal court but there was this
difference in the verdict, the Jury might give. If for
the plait.oitt, damages to a certain extent ; hut if
for the defendant, tile, of death. (ha.'
nod! what an alternative! 'lle balance, !coveter,
was greatly araitt,t Dr. tiardener. in ev.•ry po:tit of
view. The Learned Sergi aut then recapitulated and
commented on erldi'llre, and spoke severely against
that deliverrd by Ilritiv.ity," *. tin tin frelde, wretched
efforts," (he said) " depends irloolocr the Lally ran
ever know a ,1.0111160.4 peace again." If the boy had
uttered tin words imputed to lieu—" --n my eyes,
Sit.." nuol)would base been excited, and llc lady would
have bet a apprehended : for Bath servants are not slow
in ralumuiating their superiors. Again, how does this
lads- conduct herself? If she taken the mite inten-
tionally, sbe would have retired to the shades of soli-
tude to open it ; bnt no! she opens it in the fare of
Jay—in the fate of the whole of the congregation of
the Chapel. If conscious guilt had pressed Noon her,
she would have shrunk from public notice; but no!
conscious innocence suitimit her, and she appeals to
the tribunal of a public trial. The Learned Medi-ant
then descanted on the conduct of the Reverend De-
fendants ; who, instead of taking the proper course of
a M igistrate and a Clergyman, had become a dabbler
in 114th Newspapers. lie had no fault to find with the
conduct of the Printers of the Gazette or Chronicle ;
lout he tincd observe, that the paragragle in the latter
paper seemed to be an acknowledgment on the part of
the defendant, that he had done wrong. The verdict
given should be well defined ; for, as the Poet says,

‘• Succeeding time •ill elfinl foll call—
•' Miley ing nothing or believing all.—

The Judge recapitulated the evidence in a cool and
slispas4onate manner, commenting as he proceeded.
Knowing as hr did both parties intimately, he was
most unpleasantly situated : but feelings of public
dotty must he paramount to such considerations. lie
requested the Jury to divest themselves of those feel-
ings whirls might !save been excited by the Learned
Sergeant's addre.,s, and place themselves in the same
sitnation as if the circumstances had heels bronglit
before them on a criminal indictment as a tlrand in w.
If the evidence n.s. <ittficient to warrant their po i.
dering the act.: :es one Ufa fed . nature, they must
find for the defendant ; but if they deemed the de-
fendant's nut completely substantiated, then must they
find damages against Lim: but not ut an extravagant
nature ; flumes
.he must allow that the letters writ-
ten by Dr. hardener were by no means commendable,
our such as became his character as a Clergyman and
a Magistrate.
The Jury, by their Foreman, Sir T. B. Lethbridge,
Bart. il.-P. after consulting twenty minute, returned a
verdict for defendant ; the witness, John Smith. having
again been sent for to satisfy them on s tine particular
points, previously to their declaring the verdict. 'llse
Court we, crowded toescess, and Sergeant Pell" wept
bitterly," in making his rejoinder; and several of leis
audience jollied him in this sympathetic testimony.
Wednesday a Court of Directors was held at the East-
(mile }louse, when Josias Ds Pre Alrtander, sq. took
the sisal oaths and his seat as a Director, in the room
of Sir died Stott, Dart. who had aisithilitial.—Captain
William Mitchell was sworn• 'nth the 'eft pd of the
Ship Bridgwater, consigned to China direr' i

BILI.S OF P.IINS ,I.VP PE.V.ATIES.

in an edition of Itlackstone,publislied last year, is the
following note on this subject. The text runs thus :
" The administration !Ovalle, ought always
to be separated both from the legislative and excertire
power. For if joined to the legislative, .Itlges are ar-
bitrary." 11. 1. e. vii. The note subjoined then adds,
"Thislattilaineatal re'r of civil jurisprudence, that the.
legidatice and judicial clotiactt in he kept separate, ie
violated in cases of Acts of Attainder and Bills cy*
Pains and Pcnalties." " And whoever," says Dr.
Paley, " either understands the value of the rule itself,
orcoilects the history of those instances in which it has
been invaded, will be induced, I believe, to acknowledge
that it had been wiser soil safer serer to have departed
from it." I'ur a specimen of the mischiefs resulting
from an union of the executive and judicial characters,
see what is said of the Court of Star Chamber in B. 4.
c. 19. " It is searcely possible, when this is the case,
that justice should not he frequently sacrificed to, what
is vulgarly called, politics." In the paragraph imme-
diately stweeeding the one already quoted Er the text,
it is said that " tits is ur.sry iu the eye of the law is al-
. ways prexent in all his Castro, tl ttttt gli not personally,
! distributing justice :" then lie is now present, though
,invisible, in the House of Lords. Blackstone continues:
" Hence the King is not said to appear Ivy his Attorney,:
as tither men do;" and this occa•iiinett the difficulty
''to answer the Duke of Hamilton's questiiin, as to how
the .Nturosy General came there.

NACTICJI, INFEI,LIGENCE.

-~::.-

The Russian ship Koreas, Courtan, from Antwerp
for Finland, has been driven down Channel, and on
Thursday ,he lint into Cowes with her ballast shifted
and pumps r !waked.
Sneers% of the following whale ships belonging to
Hull, Itith July : :4 lish, HO Inns ; list-diner
and Joseph, 9 tish, lot) tons; Lord Wellington, 9
Ash, 130 tons ; Mary Frances, 9 tish, tis tons.
The stern of a gallio:. with the letters Vas Amster,
was brought on shore at Iteal on 'I itursday.
The Ulysses, which was on shore on the Isle of
Whitelsom I Ith int* ... has been got off.
(111111.ALTlk, O. 3.—lntelligence has been re-
ceived li,•re, that the Algeaine squadron had returtsed
to Algiers, after capturing three Tunisine au.l three
Tuscan vessels.

MA IttiA F. 311.1.1. 24. —The Pruri.lcnet., I. ('urbin,
jun, from lirageroe. with shutter deals. fur this place.l
is sapuosed to hare been lust Ita the last gale, as several
deals, ac. and p.,rts of a Ireck, hare bees picked up'
along the coast. It isconjectured that all heads hovel
perished.
VESSFIS SPOKEN wtitt.--On the 211 nit. inside of
Sawly Hook, the three-tit:wed schooner, Dispatch,
from Brist,d. • tin the 31.1 nit. in lat. 411. 25. N. lon.l
W. the brie Indian from Antwerp to,
New Itedford. On the 7th ins!. In lat. 42. 33. Ipn. Mt 1
the ship John and Sarah, from Piailadelphia to
latud.oa and on the Stli. in !at. ltl. 17. lug. 4-I. the
brig 111 lion, from lhendon t.• Itiraulichi, all well, by
die Sarah. arrived is tbr 41, tir.
On the 4th of Aarast, the Philip. from Gibraltar
for naltimore, in lat. 39. 12. km. 4.8. 11. out 19 davit,
all well, by the E lons, Sowell, arrived at Val-
mouth.

July I Itli, in lat. 43.:•9. lon. 39. 11. the brig
Adriana, /hover, 36 days front Roilielle fur Boston, by
the Eveqtreen, arrived at New York.
May 29t11, iii. $;. S. len. t E. the ship noleoB,lB,
from London fur Bengal, by the Eagle, Meek, arrived
at Itoiton.

April •'3rd, in lat. I. 27. S. lon. 86. 2b. E. the ship
3C.reellug, Ahorn, of Roston, 114 days, from Rot-
terdam for C.tlrutta, by the tialatea, Town, arrived at
&ohm.
Itobrrt Fulton, Iluldridge, from Charleston to
Liverpool, on the 111th inst. in I it. 4 I. 5111. lon. •10. 50.
Carbottrar, I Liverpool to Newfoundland, on the
1 Ith inst. in lat. 47. 311. lon. 27. 45. by the Anna
31aria, Waite, arrived uhf Liverpool.
Princess Charlotte. Jamaica to Lond,n, lat 44. 30.
long. 31. Hanover, London to New Bru'wick, lat. 45.
53. lon. 21, by the Albion, Trundle, arrived olf the
Lizard.

His Majesty's Commiss'wiers of Lieutenancy for
London have been pleased to appoint Sir Claudia*
Hunter, Bart. to be Colonel of the regiment of militia
now raising for general service in tin at Britain.
His Majesty has appointed Henry Jardine, E4yuire,
to be King's Itemessihraneer of the Court of Excite.
quer in Scotland, in room of Sir Patrick Murray, Bart.
lately appointed one of the Barons of that Court.
The interrogative syblem of teaching by Questions
zeitAttet Answers is now extended to nearly every ob-
ject of liberal Education. Tutor's Key to the
valuable elementary Books am this system now includes
answers to nineteen zeveral works, or to above ten
thousand Questions and Exercises in every branch of
Useful study. This System since its first introduction
by Sir Richard Phillips in 119 S, has been rapidly
spreading ; and it has been ascertained that it Is now
used witl. success in nearly 3,7(H1 independent Schools
in England and Wales. To render it still more ex-
tensive, the Proprietor proposes henceforward to sell
either Key separately when desired.
Yesterday afternoon lord Sidney was robbed of his
gold watch, chain and seals, in the crowd in Pall Mall.
Ills Lordship attempted to seize the thief, but was pre-
vented by a gang of pirkporkets.
When the Queen was passing by Carlton Palace, on
Tuesday last, a clergyman, who had just come to town
front Bristol, was robbed of his gold watch, chain, and
three seals.—The same morning, Mr. tt., one of the
Magistrates of Shadwell Office, was robbed, near the
House cf Commons, of his gold watch.—The same morn-
ing, a Mr. Major was robbed of his watch, in St. James's-
square. One of the fellows was secured, and recognised
br another gentleman as having robbed ,him of a silk
haotikerchief. lie was given in custody of a police of-
• ilseday aiglst name thieves Isroke into the bed-ehaio•
bar of his &trace the Duke of Buccleugh, at his boon
it Pricy:gardens, and stole a cash 'box; which contained
lel. in Bank-notes. The room is situated at the bash
st the house, next the Thames, anal his Chace bad arca-
few to take some notes ont of the same box about Scree
114elork if, the evening. At eleven o'clock be went to
liad, when the window abutters were securely fastened 1
Vit the robbery seas not disarmed till Ise next morning.
• Mho* Buck, enatitted at the it Assist." for the

County a Kent lot eustiedblFealt.basul of J. Cook,
at ektelitarn, !-ketttesee of the
low on Iltorsdir hitt. 'eAl'"f"" •`• •