The Statesman.
London, England, 1823-11-12 00:00:00

THE STATESMAN

COURT OF KING'S BENCH, Yemen, t.
ROAN V. TNELFALL.
The SOLICITOR Oemtitat moved in this case for a role
to set aside the verdict for the plaintiff and to grant a new
trial. The action bad been tried in• Lancaster at the last
assizes, to recover the amount of 1,0001. But these cir-
cumstances a Bank of England note of J,OOOl. was lost by
Mr. Egan's clerk, while paying a considerable sum of
money into the Bank of England. It was advertised bat
no trace of it appeared. The defendant was a banker is
Liverpool.
Mr. JUSTICE HOLROTD—'Not a banker, only in the
balk of discounting bills.
SOLICITOR GENERAL—He is a banker, a grocer, and a
spirit dealer. He had correspondence with* house in Lon-
dos for five years previously to this transaction, and to the
amount of 200,0001. alear. A Mr. Isaac Henry kept .a
pnblic-house in Liverpool, and had a year before become
acquainted with a Mr. Hughes. At the period of thistles"
action Mr. Hughes lodged with Henry ; being about to
take his passage for America, he applied to H. for change
of a note of 10001. and stated that he was desirous of carry.
inv. the value with him, in doubloons, watches and other
articles of. that kind. Henry had been in the habit of
getting bills discounted, both at the house of Aspinall and
Co., and at the house of the defendant, and having failed
to get change at the former house, he applied to the a.•
feudist, who agreed to discount the note at k per cent.,
which was 11. Be. 6d. Hughes embarked for America, aid
had not sloes been heard of. The defendant transmitted
the note the Mums day to the house of Williams and Cieo I
who paid it into the house of Jones, Loyd and Co. It was
found to be the note lost by the plaintiff Mr. Egan who,l
upon being apprised of it, proceeded to Liverpool, and re-
ceived the explanation new given. The evidence upon
the trial bad been fairly submitted to the Jury, by the
Learned Judge, Mr. Justice Holroyd, who bad stated that
if they believed the story of the witnesses for the defen-
dant, they would so find their verdict. 'there bad been a
little circumstance which had operated on the trial, but
which was capable of ample explanation. One of the .bills
given in exchange to Henry, had been entered twice, sad
for this reason. In the first entry, the number was omitted
sod it was therefore entered a second time.
Oita, Jus•rtcs.—Was the book ruled into columns?
If it wac, the number could be entered without emceed
!wary.
The SOLICITOR GENERAL said he understood that a Me-
morandum bad been added with the number, and the first
entry had been struck out; and that in transcribing, both
entries were transcribA.
Mr. Justice BA YLIT.•-111 it not remarkable that Hughes
Amid have preferred biJis of doubtful security with some
time to run, to a bill of undoubted security and immedi-
ately payable? Why not give the Bank of England note
directly in payment of doubloons or watches?
The Souciron GENERAL said there was nothing
more continon than such negociations as the one in ques-
tion.
Mr. Jnctice BATLEY-1s not the question of its being
common foe the consideration of the Jury ?
The Souctroa GENERAL contended that this being a
matter affecting character, both for integrity and correct-
ness, and the evidence for the defendant being liable to
no imputation, the verdict ought to have been fur the
defendant.
Cuter JUSTICE-1 agree with Mr. Solicitor General that
the testimony of witnesses ought not to be lightly disre-
garded, but this is a case regnant with great and strong
suspicion.. Those suspicions were fitly left to the Jury.
and they having found a verdict for tne plaintiff, I am of,
opinion that the verdict ought not to be dis.urbed.—Hule
refused.

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PARISH OP ST. ANDREW. HCH.SicHIN. C. PRAI2R.
Mr. SCARLETT applied for a rule to show cause. OD affi-
davit of important evidence discovered since the trial. and
which had not been searched for before.. It was a question
of the liability of premises in 'navies Inn to be rated for
the poor. It had been contended that they were extra pima-,
cbial. The document discovered proved thee they bad been
rated. The authority of the Beaches of Lincoln's Inn had
terrified the parish for some time, but that terror no longer ,
existed.
Mr. Justice BATLEY thought the evidence ought to have
been looked for before.
Mr. SCARLETT admitted it, bat asked for the rule. on the
'payment of costs.
Mr. GURNEY said the buildings in question bad origin-
ally belonged to poor studeats, and had therefore been ex-
empted.
Mr. Justice BATLEY said parishes were generally suffici-
ently alive to their rights. and therefore the discontinuance
was a presumption against the right.
The Cuter. JONTICE was of opinion that since no rate
had-been levied in the memory of living man, the verdict
ought not to be disturbed. This was necessary. too,
for the reeve and quiet of deeds of the nature of which
, this was.
Rule refused.
DOE DENISE JOHN CHARLES PARKER, DARTLETT AND
ANOTHER.
This was an ejectment for certain freehold property,
situate in the city of Exeter. At.tbe last assizes for the
County of Devon, before Mr. Justice Burroughs, the lessor
of the plaintiff recovered a verdiet.—Mr. Games now
moved for a rule to shew cause why the verdict should
not be set aside, and a new trial granted. He observed,
that there never was perhaps a case presented to a Court
of Justice so marked by perjury and fraud as the present.
The Learned Counsel proceeded to state the circumstances
of the case. The lessor of the plaintiff claimed the property
In question, as son and heir of Mr. ltd. Parker, who was
some years since executed as a participator in the mutiny
at the Sore. The defendants were sisters and co-heiresses
of that unfortunate person, one of whom is now in a state
Of mental derangement, in consequence of the ignominious
fate of her unhappy brother. To prove the plaintiff's title,
the ptincipal witness called was a female, who represented
herself to be his mother, and the wife of Richard Parker;
she stated, that she was a native of Scotland, and had been
married in the year 1793 to Parker, at Bremer, in Aber-
deenshire. She stated, that in that .year, whilst. she was
living with her brother, a gentleman farmer in.Aberdeen-
shire. she went to Edinburgh ; that she landed at Leith,
and in coming on shore. she was handed out of the boat
by Capt. Rd. Parker, who was so much smitten with her
appearance, that he immediately fell in love with her. A fterl
a short acquaintance he paid his addresses to her, and they
were married at Bremer. In the year 1795, she and her
husband went to reside at Exeter, the place of her hushand's
birth. Soon after their arrival they were married again, the
husband not liking the mode of eelet-rating marriages in
Scotland. Whilst they resided iq Exeter she had a son
named John, who afterward died in Malty. Iler husband
having been executed in the manner already mentioned,
anti bring supposedio have died withont issue, the &Ifni
ants. his sisters and co.-heiressei. enfered into raid now con-
tinned in possession of his lira:met.... rioil the present
occasion, if MA never imagity..l ih .t Mr. Parker had any
ether son than the one who had died in infancy. At the
trial of the action, hottever, Mrs. Parker, whose marriage
in Extrer was satisfactorily prove I, .wore that before lest.
in. Scotland, the lessor of tar plaintiff; Joha Chas. Parker,
was bruit to her and her husband, and slut he Wes left in the
cite of her brother in law sill sister, Mr. an:l 31re. Donut
Cummins. in the mnoth of June 179.1. She prodticeel
certiliCate of her marriage with M. Pettier,
.Iforpetting to
hive- been celebiated by th- Itev ele:thirtfon. anti ohms':
ell by two 'persons Earned Mad:sit:lr and' Small.''These
two titter .persciEs were examined to ebnfirin her 'testimony',
aatt they tleele:to the celebration of till learrtige`itf
itay'ntetitione4. Mrs Parker entrereent Arid erote•dra.
min .tion. and ihe 'o'l4 inielrevidenre iiosp'ectie? the bidtlt
tied baptism of the plaintiff es oycasioneJ to uslderable Joel)

of the veracity of ber story. On the part of the defendants
evidence was add aced which tent!cd still fartherito confirm the
belief that the whole story was fabricated, and ironlldnd in
fraud, and that the plaistilf was eerily not the son of Mr.
Parker.—Mrs. Parker, in she manner of giving her teati-
stony, excited strong prepossessitins in her favour, which
were s good deal increased by the ingenuity of the Learned
Sergeant who conducted the plaintiff's 'case, and whose
maaagement of the cause bad the effect of persuading the
Judge, the Jory, and the auditory: that the plaintiffs
claim was founded .in truth and Justice. The Learned
Judge was himself so impressed with this conviction, that
he hardly thought it necessary for the plaintiff's counsel to
reply; and the Jury, after a very short suntan; og up, im.
mediately found their verdict for the plaintiff. The Re-
p.trt of the trial in the Newspapers having found its way
into Scotland excited great sensation in that pad of die
country, where the ntarrisge of Mr. and Mrs. Parker
and the birth of the plaintiff were supposed to have taken
place. A representation was immediately made to the
Mayor of Exeter, that the whole transaction was
founded in fraud and perjury. This occasioned
farther inquiry, and it now turned oat that what
was originally suspected. was confirmed beyond the
possibility of doubt. The. Learned Coosa produced nu-
merous affidavits, showing, first, that Mr. and Mrs. Parker
bad not been in fact married in Scotland by the Rev. Mr.
Dordon in the presence of the witnesses mentioned t second,
that they never had any son born in Scotland; third, that
the lessor of the plaintiff was in fact the son of Donald
Cummins. hrother-in-law of Mrs. Parker, that his Dams
was Alexander Cummins, and was always known by that
nay, and reputed to be the son of Donald Cummins;
fourth, that at the time when the lessor of the plaintiff
was supposed to have heen left in the care of Mr. and Mrs
Cummins, in 1795, those two ;proms were not, in fact,
married; and fifth, that she lessor of plaintiff, himself, bad,
since the verdict, written a latter to his own attorney, Mr.
Tyrrell, confessing io the most explicit terms, that the
whole was a fraud and foal conspiracy, concocted by his
aunt and his father, to whose purposes he bad nufiiitu-
natelylent himself. In this he conjured the attorney to for-
give him for the fraud and deception which he had practised,
and expressed his repentance and sorrow, as the only atone-
, ment for the base part he had been induced to act. The
Learned Counsel was proce.siing to state the affidavits more
in detail, when
The COURT interposed, awl desired bin, to makeis Rule
to show cause.

POLICE.
•••••1010.--
MANSION Mum—Yesterday a young woman, far ad-
vanced in pregnancy, of Hiskopsgate Parish, appeared
before the Lord Mayor, to swear a child to a short stumpy
voting fellow. whom she described as a sword sharpener
by trade. When called upon to say if he denied ber state-
ment, be declared that he was the sixth person whom she
bad successively declared to he the father; and he then gave
the namesof those persons destined to this honour, but thither
friends advised her, as he obtained but the fast place in her of
fictions, she should wake atop meat by presenting bins with
*OM fruits of her love. She, however, persevered in her
story, and be was ordered to give securities to the parish
officers for the maintenan e of the child.
Bow STREET.—HIOIIWAT ROOLlllRT.—Yesterday Wm.
Orereed and Francis tkianer. two soldiers belonging to
the Ist regiment of P.m Guards, were iirought from
Kensington weteliliou.e, charged .with assaulting Alexan-
der Lyall on the highway, and taking from his persou a
handle, containing wearing apparel and other property.
• It appeared that Mr. Lyall is a respectable market gar-
dener, residing at Kensington. and on Monday evening
be was walking from London home with his wife, each
darryinic a boodle. They were proceeding along under
"the Park wall, near to the entrance into Kensington, when
the two prisoners came up to them, and Overend made a
snatch at his bundle, but did not get it. He made a
second effort, got it front Mr. Lyall, and jumped oil the
bank into the road, In doing winch he fell, and his cap
came off. Mr. Lyall, though an elderly man, jumped
afterihitn, and seized him as he was rising ; but almost at
the same instant he received a heavy blow on the back of
his head from Skinner, which brought him to the ground.
He got up instantly and rushed at Skinner, with whom he
struggled for a short time, during which Overend called
out, " Kill him, kill him." Mr. Lyall at length received
another knock down blow, and the villains got off:—
Overend, however, leaving his cap on the ground, which
Mr..Lyall secured. The prisoners went down Love-lane,
leading towards Chelsea, Overend carrying the bundle
which be bad stolen from Mr. LyalLacross his arm. They
bed not proceeded far when they were met by two young
men. coach painters, at Kensiugton, one of whom fancied
that the bundle looked like an infant child, and observed
to his friend, " One of these soldiers has got a child
with him, and they must be about doing something that
is not right. Suppose we watch them." The prisoners
turned about. and.seeiag these young men stopping and
looking after them, they took to their heels, Overend un-
tying the bundle, and strewing the conten*s along the
path as Loran. He had just got rid of the whole. when
by an unlucky slip of Ids foot, he went plump into a
ditch, and was secured. by one of the pursuers. The other
kept up the chase after Skinner, until the latter ran against
a post. and go violent was the concussion that he fell fiat
upon his back, and was for some seconds deprived of ani-
mation. They were both taken to Kensington watch-
house, where ■ few minutes before Mr. Lyall had given in-
formation of the outrage that had been committed upon
him. The cap fitted Overend too exactly lo leave any
doubt that he was the owner of it.
The prisoners denied the charge altogether. °reread
denied that the cap belonged to him. and when asked bow
it was that hewas without his ca', lie said he was ' grog-
gy,' and lost it somewbere—he could not tell how.
They were remanded to give an opportunity for the
attentlince of Mrs. Lyall, who, in consequence of the alarm
occasioned by the outrage, was too HP to leave her room
yesterday.
• Herron GARDEN.—Juvnitcr Home STZALERS.—liester
day, W. Fairchild, W. Crockett, and Peter Drisdale, .the
eldest twelve years, aid the yoengest turned eleven, were
trettglit sip for final examination, charged with stealing
a horse, the property of a poor costermonger, named Miltou,
living at Walworth. No evidence being against the two
last named prisoners, to warrant their committal, they were
taken from the bar, and their evidence received, against
the prisoner Fairchild, who was fully committed for trial.
QUEEN SQUARE.-110SIMICS AT TIM ,LORD MAYON'S
SHOW.—Yesterday, a little boy between eight. and nine
sears of age, was brought to this office, charged by Mr.
Leonard. of Devonshirt-stree', Manchester-tquare. with
having picked his pocket of a silk handkerchief, daring
the Lord Mayor's Show on Monday last.—The prirriner I.
his defence said he picked up the property. He was fully
committed to take his trial.
Seviral other fellows were examined on similar charges,
and fully committed to take their trial.
'lunatic/ or rue ma Lions OPPlCS.—Yesteriay, .1,7"
Roberts and Henry Bertlet, who stood charged on suspi-
cion of being concerned in the robbery of the counting
house of the I;as Light Company, in the Herseferry-road,
were hi ought 'up idea third exaddriation before Mr. itA YNS-
FORD and Mr. WHITE. the Magistrates. The evidence
being defective, they were in proper terms admonished by
*Vie Magistrates, and discharged.
H. Wen* was charged with privately stealing a quantity
of silver, in the dwelling Image of Mr. J. Kettun. tie was
fully‘comoutitted to Newgate for trial.-
atio.N.Hota..—F. Tavt.ort.—Mr. Walters, the Governor
of Ilotseutonger-lane Saol, &Mended at •the. Justice room,
and stated ta•the magistrates that the young woman
Mimed France* Tiiiior.•who Wig remanded frwa -this offite
on Saturday last on a charge of =lleums!), shooting
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Arnold on the !seeding night, was now a patient in the in-
firmery of the prison, and exhibited systoms of insanity.—
She was declimng very fast in health •, the stomach reject-
ing every thing administered to her. She was so exhausted
in consequence that she was tumble to rise from the Iked.—
lir. Walters said the medical officer of the e.tablishment
was attending her, and he (Mr. Walters) had Oval direc-
tions that every attention should he paid to her by the
eurs,es and other attendants of the Infirmary.
TI e Magistrates directed Mr. Walters, unless she was
Say
well enough to undergo as examination on .Th are.
slay next, not on any account to remove her.
lire understand that the young man Arnold is still
confined to hi bed, as considerable inflammation has
taken place io that part of his face which was perforated
by the shot.
Trams Orr:cr.—Yesterday, H. Lyon, of 'go. 76, Lower
East Smithfield, was brought to this office, on a charge of
baying in his possession sixteen parcelsof foreign tobacco,
which had been run into this country without payment of
duty.
The defendant being. called upon by the Magistrate to
account for the possession, pleaded guilty to the charges
contained in the information: hut his circumstances, sod
a family of six children, under ten years of age, would in•
duce the Magistrate to be as lenient as the nature of the
case would admit.
The Magistrate said, lie thought much greater
lenity had been sheen the defendant than he merited, as
far as lie was concerned. He adjudged that the defendant
should pay treble the amount of the stated value, and all
costs.
Another information was then read, charging the de-
fendant with the unlawful possession of ten pounds of ft -
reign tobacco, to which be pleaded guil,y. file value of
the tobacco was 21. and the defendant was convicted in
treble the amount, with coats. •

The Weather, which at the end of last week was so fa-
vorable for securing the remainder of the corn crop-, was
succeeded on Sunday night by a series of heavy showers,
which continued antil Wednesday. with occasional glimpses
of sunshine : but uot of sufficient duration to dry the small
quantity of grain remaining in stook. During the last
tore* days, though some rain has fallen, yet it has nut been
in such quantity as to prevent the raising of potatoes, which
has proceeded with groat activity, and considerable progress
has been made in the neighbourhood. Much, however,
still remains to be dune, and perhaps it is not far from the
truth to state, that nearly one-half of the potatue crop is
yet in the ground. Should the present mild and open
weather continue a few days longer, the trifling residue
corn (mostly late barley) still in the fields, will be
,safely housed, and by far the greater part of the potatoes
pitted or otherwise secured from injury. Indeed, it is much
to be wished that farmers and others would avail themselves
of this opportunity to place that important t rop out of
danger before the frost commences with severity, %edicts
never fails to render that tial article of sir bsistenee to
the working community not only unpalatable but unaltole-
sorne.—(Curlisle Journal, Friday.)
About noon on Thursday. a partridge, to escape t. e
pursuit of a hawk. no doubt, flew into this town, and
against the parlour window of Mr Ku sting's house, ad-
jOining the Crown Inn, and broke two squares of the la+6
from which it dropped on the pavemew, .nd ran into the
shop of Mr. Merv, watchmaker. and was taken alivt
behind the counter: it provkl to be a very tine bird. On the
same day, a teal, that had been struck dos n by a bawl:,
was taken up dead on the ltinguter rush.—(Levey
Journal.)

Oa Thursday last, a pond at Felbri.lie Waters, near
Eastgrinste I, on the estate of the lion. C. L. C. Jetilcinson,
w•as fished, and 231; pike taken, all of large size, and many
of them weighing l&lhs. each ; the numbea of carp and
tench, in consequence of the devastation these Leviathan.
of the Lake bad made. was very Incousiderable, not more
than 30 brace of the farmer. and (14) brace of the latter
being caught. but these were also, all unusually fine fisb.
Between three aid four hundred weight of large eels were
at the same time taken In the above pond, which bad not
been liaised for .10 years.—(lbitl.)

Fins.—At about half-past 5 o'clock on Saturday evening
list, soon after the men had left work, a fire was discovered
in the extensive yard of Mr. Cole, timber merchant, at
Sandy-lane, a few miles from Devises, which in a short
time destroyed property to the amount of 2001. Mr. Cole
was at Caine at the time; and as he was going to get on
his horse to return, he accidentally fell, sprained his
knee, and has been confined to his bed ever since.—(Beistol
Mercury.)
INCENDIARIES.—TWO ricks of corn, the property of Mr-
James Tucker, of Yatton, were wilfully set on Are, and
the greater part consumed, on Tuesday morning. A re.
ward of 50Ir. has been offered for the discovery of the of.
fender or offenders.—(lbid.)
Base half-crowns, in imitation of the coinage of 1710,
very well executed, are in circulation in tireenoek. We
may notice, however, in the base money the sharp lines of
the geouine medal are not to be found; the still ng is very
imperfectly imitated, the ridges appearing as if snioothei
down by the operation of a file ; and the raised rio is
much binder in the false than in the true balf-crowo.—
(Glasgow Chronicle.)
Thursday night se'nnigh t, a violent storm of wind from the
eastward, accompanied with rain, was experienced in this
neighbourhood. It continued till the middle of Fritia).
during the morning of which day the squalls of wind were
exceedingly violent and frequent. This storm appears to
have extended all over England, and to have been par
ticularly severe in the more southern parts. We cannot
find from the Edinburgh papers that this storm has been
felt at all in Scotland : in an account of the weathhr in the
Chronicle, Friday, is noted as being cloudy, bat fair, with
wind at N.—Saturday, as fine and cleAr.—(Aercestle
Chronicle)

Eq
MARRIED.—On Wednesday last, at Kensingtoe. ft. hlitelsell. jUll•
eldest sou of It. Mitchell. Esq. of the Wood of Tolsago, to may. Moira
&slighter of J. M *Aden , Esq of dirempton.
On Saturday, at Mt. Leics.'s. Chelsea. Henry P. Helms. Ell. of elide.
Kent, to Charlotte. eldest daughter of It. Sporran, Esq. oi Chelsea.
O. G. Misname, Esq. surgeon. Great St Thomas Apostle. LondotbtoSimb
eldest daaghter of W. If ughes, Esq. Walworth,Surrev.
Oa Tuesday. the 2th Noe. Mr. 3. I.lernseleg. aged about M. of 1410
Mount. to Miss Ann Service, of Rochriew, aged 28. What makes it a,*
more morel is, flint both are lame, he of his 'two feet, and she ta one, and 11.
Is It. Saber of 22 children by two former wives.
DIN:O.--On Monday. aged el, Mrs. Wilmot, relict of Win Wilmot. del
formerly of Sundridge, Kent.
On the IMb I iirg., Smith, Esq. of Drentford, aged 74.
On Mends!, the loth instant, at her residetrao In Pratbatreet. Lambeth.
In the slot year of her age, Mrs. Elizabeth Watts, widow of Captain Waite
Watts, It.S.

COURSE OF EXCHANGE.—Tozsaat,
Amsterdam c. (..12 6 Gihraltar ........ . ... We 6
...
Ditto at Sight 12 S Leghorn a
. ... e.q _
Rotterdam 12 7 Genoa .... 404 °
Antwerp .12 0 Venice Italian Li5....4210
Ilaniburgli. .... ..... ...37 H Malta... .. ..... ....43 11
Altona 37 9 Naples ... .31 0
Paris, S days' 5ight.....23 70 Palermo. • 11p'02317 .;
Ditto 26 90 Li5b0n....•.....•b•1t
Bordeaux - 23 90 Oporto ........ ....... 0
Franktortonthe Main ..167,k Rio Jaueill . . ..... '4: . * 00
Petersburg Sus p &le., •tI Bahia ,„ ...... „,„„....
Berlin t ....Cur Dolls Id lOgr. Dublin. .......... ....• • 4IP
4 .
Vienna, ELS in to 1I 10 Cark ....... ....... :s . ,.,
'Trieste ditto • ~ —.lO 17 suzbtos.. • PIMP.'
Madrid 57 9 Portugal goldincoin.lllol
Cadiz ......36 0 Foreign gold in bes 10.1141„
Bilboa .30 0 New Doublosas.:...3o
Barcelona • _ 0 I'd Oil
3-14 New Dollars ... 0 4°l
Seville ' !bt 0 Silverinbars,sil;o . •

Load*: Printed and Pliti!kited et the Ofko. No. 491, Wit
I by It. WARDELL, LL.D. Proprietor.

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