The Statesman.
London, England, 1823-03-29 00:00:00

-~:.~

I -'"'V

9!';, •

I • .

,

L •

t' .

I • '

.. •.v+`. .. ..

SUSSEX ASSIZES.-lioßsaam,mica 27 •

-inivann ANDREsre, [SQ. V. PATRiC CoNoLLY, ESQ.
This was an action fora libel, imputing that the plain-
tiff was a swindler. The. defendant pleaded several spe-
cial pleas, justifyieg the defamatory. matter contained in
tliwolleged libel ; on which issues were joined.
The plaintiff's case was conducted by Mr. GURNEY,
• Mr. ft J. SERViiRN, and Mr. Law.; the defendant's by
Mr, Bni.eat and Mr. eollYN.
The plaintiff was a Lieutenant in the Royal Navy, and
the defendant was a surgeon, now residing in Regent-
attest, Oxford.road, but, at the time of the transaction in
Tuition, carried on the same business in High-street,
Brighton. In the month of January, 1820, a lady,
whose real name was. Fanny Clarkson, but who then
passed by the name of Mrs. Dobine, wife of Lieutenant
Dobine, of the navy, took an unfurnished how of the
defendant, representieg.that she expected her husband,
then at sea, to join her in a few days. The defendant
/etiter into possession, her own furniture was sent in,
and an agreement, dated 27th January, was drawn up,
by ?which tbe*beinselwas demised to her by name, for a
year at 521. per annum. The auto of 51. was immediate.
ln paid down on accost ut of the rent. On the 16th of
Much, Mrs. Dobine took possession, and on the 23d of
the same month she was joined by the ploiniii, who was
introduced to the defendant by the name of lieutenant
-Dobine, and for neatly a month they lived together and
pissed as man and wife. Shortly after the plaintiff had
joined Mrs. Dobine, he paid the defendant 20/. being the
remainder of the half year's rent, io advance, for which
a receipt was given in Mrs. Deibinc's name. After the
. gained neightog, Mrs. Dobine remained io pos-
amine, and within three weeks of the expiration of her
• year's tenantry, the defendant suspecting that she, io-
- fended deitting his house without paying the half year's
rent then coming dae, he put in a distress upon her
VON. some of which were said to have been clandes-
' tinily removed. Amongst those atticlis,was a desk con-
: fa:ning Mrs. Dohine's private letters :which the de-
:. fe:idant broke open on the day ,of sale. 1414. Dobine
vas present at the sale, and when she saw her-letters ex-
posed to public view, she caught hold of them, and
thrust them into her pockey upon which the defend•
ant thrust his hands into the lady s pocket, and seized
• the letters. These document,r disclosed the reel natifre
of Mee. Dubioe'a connexion with the plainkiff, and
gave him a_ clop his reel character and circinistan-
ces: Mee.idiifiri effects netted more than sufficient
to paP the whets rcpt due to the defendant, including
%tli!irezponsti of the sale, and' deducting the three weeks
tcarsaitich bad not accrued at the titue of the distress.
':Aa *Mon lad been brought against the defendant
,at
..th,a last Sommer Assizes for this county, for the illegal-
ciEly of this distress, on..which occasion she recovered
ngsiust the defeodant 1001. damages. After this trans-
nrtion, (he defendant wrote the fetters which were the
: subjects of this action ; one of which was add dto
• the plaintiff's brother, Capteiii Andrews, of the 12th
Lingers, then in Irelid, and the other to Colonel neo-
ttle Commander of that Regiment. butts dated
-34tfli July, 1321. The first letter was in the following
LET: 1311:---

" 52, High-street, Julyso, 1921.
' "St*—l addiessed you a few weeks. back, to wltlch 1
knee hed no answer. you mast be a fool if you thought I
stotdd not addreis the corps as gentlemen before I address-
the Lorde.of the Admiralty. Your conduct eorrvlnces
• nte'whst I am to expect in your brother, the swindler of
Fenny Clurkson. You, I suppose, or ha are not cowards.
.06 why not come forward from your lurking places as men
44.honottr, oil acknowledge your conduct and pay for your
support as men aid gentlemen in life'? Slroul4 you answer
this, 1 will,give you a meeting, or your brother Edward, as
a gentleinari at any moment. Your corps mist steeples' you
tulless you do this, or settle matters honourably with, me.
—_.___. vii.:atihthiliaMtaistiiiim.

tO lrydeit 7 e.‘l6looaLlfilles_ -yew-err ww.
• dealmini Ind eirplinetioe with your brother, or give
• nii-theisseetlng one geodentan gives soother on such ocea-
-slower liheetbe honour, &c. P. CONOLLY, Surgeon,
" Royal Dublin City Regiment.
. .
" My Paymaster resides 7, Parkgate-street, Dublin,
Ireland."
Addressed, " Captain Andrews, to the personal care of
the Officer commanding 12th Lancers, from P. Conolly, Esq.
• Dublin, Ireland."
The other letter was in the following terms:-
- gilts-1 have not the honour of knowing you, conse-
quently have many apologies to offer for this latter. • I a
Saw days back addressed a letter to Captain Andrews, of
year corps, to which, agreeably to the conduct of his swin-
dling brother (Lintenset Edward Andrews) I have had no
answer. My feeling for a Gentleman was such, that I ex-
pected he would have advised his brother to come forward
'from bislurking place, ere I laid before the, Lords of the
Admiralty conduct that would make the chancier of a Gen-
t-man ever at an end in bis family, if be Is any. He (Lieu-
•tesiant Edward) came to Brighton in March 1620, and he
personated Lieutenant Thomas Dobiee for a notorious
r..—, called Fanny Clarkson, alias Dobine; also the
Lieutenant got of the hands of Dobine a Sheerness.---,
Lieutenant Dobine is now at Bray, Within nine Miles of
Dublin, and I am the Assistant Surgeon of that corps, and
will follow the Captain and his brother Edward with about
1,000 letters, or make them act as men of Minoor; which, as
let, Ido not think they are. I coesWer the Captain a dis-
grace to the 12th Dragoons for not answering the letter of
an officer. I trust you will have a regimental meeting" for
the purpose t ask my brother officers, Colonel Sankey,
BALM., Paymaster Montgomery, within a few yards
(of No. 7, Parkgate-street, Dublin.) you will find I act
so. Your Captain would not wish A horse-whipping on
The parade, therefore, I write this that he may know how
to act.
• . 'P. CONOLLY,Shrgeon, Hord 'Dublin City Re
gt."
• These letterli reached their destination, and the latter
mas hatufed by the Colonel to the plaintiff's brother,
'end rpm} these letters the action was brought.
The eiidenee for the difindanilid not very the case,
as above stated, which is is summary Of the facts proved
on both•sides.
- -Mr. Nobstrand Mr. Outtrese. severally addressed the
'Jury on each side with their otta ability. ,
The Jory fotind their verdict for the plaintiff—Da-
images, 2501.
. .•
• HEREFORD ASSIZES, Manes 26.
• Edward Gnifiths was indicted ender` Lord Ellenho
rough's Act, for administering drugs and potions to Eli-
zabeth Davies, with intent to procure abortion. The-in-
dictment was not framed on that clause of the statute
which makes it a• capital offence to administer drogs to
a woman 'quick with child, but on that which subjects
persons who thus attempt to procure miscarriage in an
earlier stage of pregnancy, liable to transportation or
Minor punialiments in the discretion of the Court.
Mr. Tinto, who conducted the prosecution, admitted
he had no whiten except Elizabeth Davie', whom he
proceeded to call. She appeared in a state of great
weakness, and being allowed a chair, told•the following
%tory was 15 years of age on'ibe 12th of last Nov.—
)n the summer of last year I Was living in Mr. Mills's ser-
vice, as was the prisot er Griffiths. In April we began
•te keep company together. lam now in the family way
by the prisoner. In June or July I told him of my con-1
dition. He told we I was mistaken. Afterwards I re- ,
prated my apprehensions to him. In August he told me'
that I was nut with child ; but if I was mgt. well, be
• would get me something which would do me good. 1
fSold him I was in that state, but no particulars of my
lings. He procured ine something to take a few days
ofterWuds. He brought it himself to me in a small bot-
tle, as it was liquid. I took sorsa of it after he was gone.
• He had told the it woad be sure to do me good. I in-
formed him, 'I found nothing from tatiag that." He
laid, "ha ionldnot think the reason distil did not do
me good." He then said. he would get an old man to
give him some stuff which he bad told bum had been
•