The Statesman.
London, England, 1824-02-05 00:00:00

TIT F, STATESMAN

the clergyman echo had married .the parties, there res.'
•ainly appeared to he no imputation against them.—Mr.
Mawr said that the mother was certainly living. With '
respect to the remaining- part of the case. it would be ne-
cessary to make some order %shit respect to it. There ap-
peared now to be about twelve thousand pounds in Court
belonging to this young lady. Out of this sum she was
entitled to be allowed a maintenance, and perhaps the pro-
per course would he to direct the Master to inquire what
that maintenance should he.
The Loon CHANCELLOR bad no objection that inch an
order should be made. The Court would, however, take
good care that the husband should have none of this mo-
ney. With respect to hint, he would order that he appear
before the Court on the second day of next Term.
Mr. HART believed that the husband entertained a no-
tion that if he remained abroad, until after the lady had
attained the age of twenty-one, be should then be unpu-
nished.
The LORD CHANCELLOR.—There is no question that this
young gentleman will remain in contempt of the Court so
long as he refuses to appear before it.
The order for reference to the Master was then directed.

COURT OF I{ING'S• BENCH.-.AVEDNESDAT.

BAD COMMITIIIINT.
Tom Pain, the driver of one of the Hampstead stage
coaches, was brought up from the House of Correction,
Cold Bathfields, for the purpose of being discharged. An
information had been laid against the defendant for carry-
ing more than six outside passengers besides har.rage ; he
washable to &Tensity of LID, hut the 'Magistrates miti-
gated it to .£6, and in default of the payment of that sum
the defendant was committed for three months, or until he
paid the penalty and expense. The warrant of commit-
ment did not state what the expense was, but left a blank
for the amount.
Mr. Brtonerricx moved to brine up the man on the
ground of informality in the warrant, and he this day
contended, upon a case in point, that inasmuch as twitter
the gaoler nor the defendant could know what he really
bad to pay, the warrant was had.
The COURT held that the objection warfatal, and the
discharged.

was

COURT OF CVNINION PLEAS.—WEDXIISDAY.,
(Sittings in Banco.)
nouns v. MEREST.—A rule had been obtained on a
former day, calling on the plaintiff to thew cause why the
defendant should not be discharged out of custody, on the
ground of the death of the original plaintiff in the suit.
Cause was now shewn against the rule; after which,
The CHIEF JUSTICE delivered the following judgment:
—This is an application made by the defendant to he dia.
charged out of custody as to this action, on the ground
that the suit has abated by the death of the original plain-
tiff. It appeared that the affidavits on both sides, that
the plaintiff haring commenced an action against the de-
fendant, had been obliged by the latter to carry the cause
down to trial, where the plaintiff obtained a verdict. After
the trial had taken place, the defendant gave notice to the
plaintiff that he intended to apply to the Insolvent Debtors'
Cour, for his discharge under the Insolvent Act. It
was formerly the practice of this Court and the King's
Bench to discharge prisoners, unless the plaintiff followed
up his proceedings regularly, although the defendant had
given notice that lie should take the benefit of the Insolvent
Act. That practice was altered in both Courts by a Rule
of Michaelmas Term, I Geo. 4. and by that Rule the plain-
tiff was not obliged to proceed after receiving such a no.
tire. In this ease, however. it is said, that as the original
plaintiff is dead, the suit abated on that account. The pre-
, sent plaintiffs, however, have not suffered the snit to abate,
for they have put themselves into the same situation as the
r former plaintiff, by suing out letters of administration
of his estate. As, therefore, he was not bound to incur
further unnecessary expense, neither are they; nor does
the suit abate on that account. On the whole, I am of opi-
nion that the rule to which I have alluded applies to this
ease, and that the motion of •the defendant must be re-

fused.
The other Jeidges concurred, and the rule was then dis-
charged.

PREROGATIVE COU wr, ‘V gas as DAY. FEB. 4.

D ,xxa r. loom
In this ease, John tioff, a peace-officer, belonging. to the!
office in the borough of Southwark, had mode a will, dated I
October 2s, IS2I, by which he had left the whole of his
property to Elizabeth S. Doker. (a woman with whom he
cohabited, both in England and in Amsterdam.) It ap-
peared
that be had gone to the latter place on account of
an arrest with which he was threatened. He had a wife
and family, whom he has utterly excluded from his will:'
and a great deal of evidence has been obtained, in their
behalf, with a view of invalidating the paper set up.
bir Joust Nicnot, said, that however inofficious the pa-
per 'algd be in its dispositions, however immoral tit, mo-
tives that dictated it, and however repugnant it might be
to the feelings of the Court to pronounce for a testament
made under such circumstances; still, if in point of law
and of fact this was the true act of the deceased at the time
it purported to have been made, and if no act of his had
since revoked it, the Court was under the necessity of pro-
nouncing for It. Upon the whole view of the case, the
Court. both in point of law, and upon its own conviction,
was bound to pronounce, although reluctantly, for the
paper propounded.
ROBSON, FORMULT PATTEN AND WARS:FIELD, AGAINST

Ing importance, not 0ly as to the amount of property
but in other respects. h a ected that the whole of the evi-
dence ghoul(' he laid before him, and he would give judgment
on a future day.

POLICE.
........1.--

Mamstos House —A labouring man was charged by
Mr. Smith. attor:ey to the East India Company, with
having stolen a quantity of sugar, the property of the
Company.
The prisoner, who is an elderly man, and had borne an
excellent character, was seen stooping down near a cask,
and soon afterwards some sugar was found in his hat. lie
was not seen taking the sugar.
The LORD MATOR said he could not think of com-
mitting the prisoner, upon evidence which, so far from
appearing conclusive, would be scouted in a Court of
Justice.
I Mr. Smith was convinced that the testimony was
strong enough to convict, and denied that a Jury would
reject it.
The Loan would not stand before a Jail/
for a moment, and the Judge would scout it. The man's
previous character, and the trivial value of the sugar
you accuse him of having stolen. would be powerful
arguments against his conviction. I cannot thick of coin.
mining him.
Mr. Smith again requested that the Lord Mayor would
protect the Company by sending the man for trial. It
was really not to be endured that a system of robbery
should be carried on against the establishment with im-
punity.
The LORD MAYOR desired Mr. Smith to consider for a
moment, that the prisoner had a large family. and an ex-
cellent character, and that however strong appearances were
against him, it would be the man's total destruction to send
him to the Old Bailey.
Mr. Smith then begged that the prisoner might be re-
manded for some days.
The LORD 11AYOR said, he certainly should not to do so.
All the evidence against him had already been heard, and
if there was no ground for committing him, there could be
no ground for remanding him.
Mr. Smith still pressed his point, but the Lord Mayor
was not to be prevailed upon to detain the man a moment
longer. His Lordship observed, that the man's chance of
obtaining a situation now was a thousand times greater
than it would be it he were to undergo a trial at the Ohl
Bailey; that if lie had stolen the sugar, the determined
manner in which he had been followed would operate as
a warning to him; and that it would be most unmerciful
to ruin the prospects and the family of an unfortunate fel-
low, ulto had lived to an advanced age, under such cir-
cumstances as had been brought forward against him.—The
prisoner was then dismissed.
GUILDHALL—Nis, CABE AND DECISION UNDER THE
VAGRANT ACT.—As the Vagrant Act, from the general
alarm and disgust the decisions under it have created, will
necessarily undergo some revision and amendment this
Session of Parliament, it may be useful to notice every
new species of offence it is interpreted to extend to. With
this view, we notice the following case, the decision upon
which is certainly the first of its kind ander the statute
John Millen, who is, it seems, one of the watchmen of
Cripplegate Ward, was brought up, yesterday, before the
Sitting Magistrate, Mr. Alderman SCHOLET, on the charge
of Mr. John Pym, linen-draper, 57, Barbican. The prisoner
came to the shop to purchase a yard of cloth, and threw
down in payment, a new farthing, desiring Mr. P. to give
him change. " Change !" replied Mr. P. with much sur-
prise, taking it up, " this is only a farthing." The pri-
soner insisted that that was not what he had thrown down.
What be had given was a sovereign, and, with many oaths,
charged him with wanting to cheat him ; and became so
outrageous, that Mr. Pym found it necessary to send for
Mr. Parlett, the constable ;to him, however, the prisoner
still persisted that he had given Mr. Pytn a sovereign, and
accounted for having had one in Isis possession, by saying
he had just received his pay as a watchman, front Mr.
Heather, the paymaster of the watch, and offered to be
searched, to shew thit lie had not got one about him. Af-
ter an ineffectual search, the officer got a glance of sonic-
thing in his hand ; and after a violent resistance on the
part of the prisoner, succeeded in getting his hand open,
and took from it a small purse, which was found to contain
a sovereign and two shillings. As it was thus pretty clear
that the prisoner's intentions were ta trick air. P, the coo-
-1 stable considered this an offence which warranted him to
lodge him in the Compter. This was the case against the
prisoner, to which lie offered no other defence than that he
had had a hurt in his head, and not finding the sovereign
in any of his pockets, thought he must have given it to Mr.
Pym.
On hearing the facts, the Alderman seemed somewhat
at a loss as to the precise nature of the offence, and was
about to remand the prisoner, for the purpose of inquiry
into his general character, when Mr. Beresford, the Chief
Clerk, suggested that the offence would come under the
third dense of the Vagrant Act, which enacts, " that all
persons imposing, or endeavouring to impose, upon any
Churchwarden or Overseers, or on a Charitable Institu-
tion; or a private individual, by any false or fruit Intent re-
presentation. verbally or in writing, with a view to obtain
money, or other advantages, shall be deemed rogues and
vagabonds." As it was quite certain that the fellow's ob-
ject was to obtain money or some other advantages or be-
nefit to himself, the Alderman adopted his legal adviser's
interpretation of the statute, and committed the prisoner
to hard labour in the House of Correction for one month.
Bow" STasire.—Yesterd ay the three brothers, named
Thompson, who stand charged with robbery to a large
amount in the house of 'l'. P. Macqueen, Earl., M.P., un-
derwent a final examination, which lasted from half past
one until five o'clock.
In addition to the former evidence, that of a jeweller,
named Carnegy, living at 57. King Street, Soho, was
' taken. • Bishop and Avis, of this office, having Peen un-
remitting in their exertions to trace the property, sue-
needed in obtaining information which led them to the
house of Carnegy, where they found a valuable pearl
necklace belonging to Mrs. Maequeen ; and in conse-
quence of the account lie gave of it, lie was taken into cus-
tody, and committed on Monday night last by Sir It.
' Birnie for re-examination yesterday. when Mr.
Adolphus attended as his counsel. The Magistrates,
however, upon consideration. were of opinion that there
was not sufficient evidence to go to a Jury against him
as a receiver, and he was admitted a witness for
the Crown. He stated, that on the day after Christmas-
day, the prisoner James Thompson (as he beliered) came
to his house, and offered for sale a pearl necklace, with
diamond clasps. Witness said the pearls would not do for
him, and the prisoner said, " perhaps you will purchase the
diamonds ?" Witness agreed to do so at 31. per carat, and
the diamonds were cut out from the clasp and weighed.
They sleighed a little more than three carats. After some
further conversation, witness agreed to purchase the pearls
at 2s. each. There were 78 in the neat ice. and he paid
the prisoner for the pearls, diamonds, and gold, somethieg
short of 201. He had a book in which was a scale of
prices for pearls. and according to the size of those pro-
duced. he believed them to be worth about 255. each on
the average.
Sir R. Bugle.—And so. believing them to be worth
25e. each, you purchased them at 2s.
MINEHDLI.—IS was your duty. Sir, to have told the
young man that he could not have come honestly by them,
and to have bad him detained.
Caroegy.—Yw, Sir, I acknowledge I ought to have
done so. I was imprudent.
Sir It. Btatals.—lmprudent: it was something very
lunch beyond imprudence.
•