The Statesman.
London, England, 1819-02-20 00:00:00

THE STA9TSMAN

LAW IATELLIGENCIL.

COURT OF KINOIt BENCH. Eas.lb. .
' RubWs= e. ROUSTS AND ANOTEML
This mos en Wigs nominally agelest the Ilberlffs
of Midellases, but I. fact spies' the officer, for haw- I
ing suffered a person, named Walton, elm bed been
arrested at the salt of the Plaintiff, to be at large
after he was so arrested, without petting its bail.—
The circumstances of the case were as follow :
Walton baring occasion for money, prevailed on
a person, wanted Thompson, to accept for him a
bill of mhos,' for 4001. This bill haring leer i
months to few, Welton delivered it to a person,
wanted Hawkey, with a reggaes% that he would get it
discounted fee him, Maiming, at the same time,
that be wield not mind giving 201. to bare it
dune. Hawkey !applied to a person named Moat.,
Mace dead, and Moore procertd the Plaintiff to die- •
count the bill. The Plaintiff, is the first instance,
by the hand of Hawkey, slimmed to Wallets 1001.1
and afterwards e farther sum of liell. 13s. 4d. deduct-
leg for discount 31.65. 8,1. Hawkey afterwards pre-
muted Moore with between 81. sod M. which be mid,
be did not give him as discount, bet as a removers-
lion for the trouble be had in procuring cash for the
bill. The bill not being paid whets due, the Plaintiff
artealed Wallop, end the Sheriff returned that be bad
the body in custody. Yet afterwards, previous to
any bait being pet in, be was suffered to be at largo;
on discovering which, the Plaintiff brought his present
action against the Sheriff for an escape. These facts
were proved.
Mr. Jose., for the Defendant. contended that the
Plaintiff could not, even admitting the escape proved,
recover sgelnst the -lheriff. inasmuch as he could tint
have recovered against Walton, Ow discount of the
bill Loing a usurious transaction. The witness
(Hawkey) haring stated, that its addition to the legal
discount, he Lad afterwards presented Moore with
81. or Di., no doubt could be entertained that this was
girott as • colooiltrulion for disrosistiiiir the bill.
'l. be Cuisr Josracs observed the position of the
Learned Counsel was correct, if the Jury aboeld be
of opinion that Berwick had received more than legal
discount. If, however, they Afield be of opinion
that ihr 81. was really given to Moore, and that Her.
wick did not participate in it, that circumstance 'Geld
not ilrprive the Plaintiff of his right to recover epee
the bill, and cousegaently against the Sheriff.--The
Jury, without hesitation, found for the Vialutif—
: Danl ‘Gri 200 L, costa 10a.

LONSISTORY COURT.

JOHNSTON, I. ARNIM'S PA USN. FAMILY CALLING

YLR•ILI JOYN•TOW.

This was a prneeodleg eTfeollity of marriage, hell-
laird by 11. E. Johnston (the well-known perfumer),
against Annette his wife, on the 'mind of minority
and Non.consent of parents. The parties, It appear-

nd, were married in London, in the year 1796, Mr.
Johnston being then, according too fortifies,. of IN p-
snd other evidence, considerably sander flow
of 21 ; and Miss Parker (now Mrs. Johnston) net
having at the time attained the age of 10. Mr. Jobe.
sten was the son of Mr. R Johnston, of E linborgh,
well known among the theatrical circle ; sad Mrs. J.
the daughter of Parker thi equestrian. The Lidy, it
appeared, had obtained the fell consent of parents to
the anion, but the other party Jo the cause bad not,
and being, as was also contended, under age, the
marriage must be considered null and void. Mr.
and Mrs. Johnston, however, lived together for
neatly twenty years, and seven children were the
fruits of their union. Evidence of these several
facts, as set forth in the libel, was hoard, bet it
appeared, as it regarded the age of Mr. Johnston at
the time of marriage, that • difference existed he.
tweet, the register of his baptism, and th► entry mode
by his father in a family Bible, the latter setting forth
that his birth had taken place in the sear 1775. awl
the fususei account in the year previous. 1774.—ft
appeared farther, that If the Cunt should he of opi-
nion that the birth took place its the year 1775, as
stated in the Bible of the father of Mr. Johnston,
that even then the minority of the latter would he
bat a period of six weeks at the time the marriage
took place. Upon the whole, if the marriage was
derided to be null and void, open the grounds stated,
the children (thre* er four 44 whom are living) of the
parties. would, of necessity, become illegitimate.
Sir W. SCOTT said, the qesstion was on. of vast
importance, lot only to the parties themselves, bet
More particularly to their children. It involved sat
ettroasely nice qeestion of legitimacy ; and, under
all the circumstances of this case, however, he thought
there had slot been adduced sudicient evidence of the
alleged minority and non.consont of parents. lie
would drfer judgment, but directed that she Bible
allotted to should he produced on a feture day, to-
gather with any other evidence as to the facts.
Judgment detested.

OLD BAILEY.

FRIDAY. 1... rm. If.

•
3. Nee, the shownin, sold, that abort tea doss dime tbe
sown hereof acme good'. Soon after they Weer goo,. a ~irre
of cloth. and •,ther properry, were inlftlng. No inwm
mode of the Prisoners t hot a day or two doer he Moment dims
Noll. an liar n ;..struhroker's 'Mr hill lIIIN.tee. boyar, whew he
followed. and Ironed thefts is the set of pledging art yf rho
duke ago t.. lle hod flog take., into -i•urdw, and mgeested
the paoftbetraer to emoonirib rod sod g4we eisifrenee. hot he re.
rased. The Lotto MAIMS stil.rod a igiminft 'o be issired, so
esihwee his attembusee t and the Primmer, was remanded.
Gummi au-- F. Halliday. If 'Pon ei sae. was honed w
Ah
stealing the hawilkerehiefor 11r...1. Armitage Brow n, or
hertaell. oft Finlay amorniag. is `lt, Pew. Cburrh.,,,i. Ike
Pr...ewer raid. that while pliPilt! 'sickly Wool. le felt re.
pealed probe" and psi% at his writes, wad at limed,. .p. 5 twriv.
log nand, he observed doe Promisee sod another hos "minim
awes. the former howlieg hie boodlterrhie. He parsed nod
*artwork Ilallidng ; hot his comps. s enmped.—Frlly gem.
witted ter trial.

Farnhod, an« min. Was &used Ri h sbtaislat n (min.
lily of bond. imoota oat is IS. 64 from Met frueev, of t'.4O-
Nrl,l.hlii. ou,l sent from a bitteb•r is lit Old Chasse. to Ile
aussast of smlrr false *sow,• awl the roorfseatahnn
that Mr on. ,n she riot Int-wont of %;r. &WIN the Soist•baker.
—He rm. fully e maimed far Kin!