The Statesman.
London, England, 1818-08-25 00:00:00

THE ATATtgAtIAN

-CIVIL SIDE.
LEWTOWAITS V. WTLDIL.
Mr. larri.EnaLe stated this to be an action• of
assault and battery.
Mr. Caoss opened the case to the Jury. The
Plaintiff was a young man of fortune near Brough-
ton, in Cumberland ; the Defendant was a Gentleman
more advanced in years, near the same place. The
Plaintiff's father tied the Defendant's wife had been
equally related to a Mrs. Hunter, of whose will the
Plaintiff's father was the executor. An annuity of
81. was by the will given to the Defendant's wife.—
The Defendant appeared to be very indignant at this
small annuity, and used rude and violent language
to the Plaintiff's father on occasion of payitig' the
first annuity, in 1816. To avoid the repetition of
this unpleasant abuse, the executor's son, the pre-
sent Plaintiff, was sent with the money in 1817. On
that occasion he was insulted, assaulted, and beaten
on the bead and faee. The action was broughto not
for deniers, but in order to ensure civility and pro.
per conduct on the part of the Defendant toward, the
Plaintiff in future. The Defendant, it appeared,
made very merry with this action ; he said that he
had an excellent copy of Blacketene's Commentd•
ries, and by it he was' authorized to kick any men
out of his house according to the law of England ;
be had a King's Counsel (Mr. Scarlet') to defend
him. On these points he seemed to rely ; but their
verdict would teach a little more moderation. The
action had been delayed so long in expectation that
he'woold apologize upon being served with a
,writ.
Nothiog, however, but their verdict would do.
John Kirkbattk accompanied the Plaintiff to De-
fendant's house, on the Ist of August, 1817. Ile
was not at home: they went for him to a neighbour.
ing public.house: he never came home till his wife
sent for him : she brought him home in order to sign
the receipt along with her : be refused to sign : said
to the Plaintiff, " Get out of my house, you son of
b—h," and called him " impertinent puppy."
Mr. ScAeLErr.—The action is not brought for
I words ?
Mr. CROSS.—Has your Client suggested that ob.
jection ?

Mr. SCARLETT.—NO, it is my own.
Mr. Caws —I rather think it comes from the
reader of Blackstone.
Witness.—The Defendant struck at the Plaintiff

two or three times, his wife standing between them,
and restraining the Defendant: no hit was seen;
but the Plaintiff said at the momen►, that be was
struck twice, and he would take the law.
Cross-examined—They went immediately to Major
Gilpin for a warrant, but he recommended on action.
Is he an Attorney ?—No. What ! not an Allot-
ney, and yet recommend ea action in this case t The
Defendant did appear to have had several glasses of
liquor, but he was not intoxicated.
William Blundell confirmed the evidence es to the
assault.
Cross.examined.—You are the family Attorney,
and yet you refused to be the Attorney in this case?
—I was never asked. But did you not decline it ?
I said if an action were brought, I should rather not
be the Attorney. Yes? Very well !—But it was
because Invest be a witness ?-1 did not want that Sir..
Mr. SGAILIATT made a very pretty speech for the
Defendant, and insisted that the damages could be no
more than 6d.
Mr. Justice BATLIT, in summing up, expressed
great disapprobation of Major Gilpin's conduct ; in.
stead of recommending an action in such a case, he
ought to have granted a warrant in order to bring the
parties before hint, and to effect an arrangement
among themselves. Verdict for the Plaintiff—
Damages 101.

FRIDAY. Avcorr 41.
CROWN SIDE.

Thomas Adamson, aged 35, was indicted for forg,
ing on a gold watch-case the stamp used by the as
sayer of gold in the city of Chester. This indict
ment was founded on 58 Geo. 111. e. 69, a. 7. Tha
Act allowed the manufacturers of gold ware to re-
duce the former standard of Q'2 carats to IS carats,
and required that all gold ware ehoeld be certifiod of
this standard value by assayers appointed by the Com.
patsy of Goldsmiths, and having their offices in Yolk,
Exeter, Bristol, Chester, Norwich, or Newcastle.
upon-Tyne. All the operators of gold in Liverpool
get their works assayed in Chester. The charge
against the Prisoner, • watch-case-maker its Liver.
pool, was, that be had forged the Chester assayer's
stamp, which was a crown and 18 under it, on the
left a leopard's head, on the right a sword sod three
sheaves (the Chestier arms), and below the lever 'l'
(which was a variable part of the stamp, a new letter
being successively adopted every year), indicating the
year 1817.
Lewis Samuel proved that he had bought the watch
in the indictment from one Rigby, and got a new case
made to it by the Prisoner. He then sold it to
James Goeden Helsby, a watch-case-maker In Liver.
peel. Ho could not swear to the identity of the case
predated with the case made by the Prisoner, be-
cause be had afterwards given it to Birch to have it
polished. Birch was not a witness.
James Gooden ilelsby stated, that he bought the
watch, of which the case in qoestion formed a pert,
from Samuel - and be, with seven other persons,
went to The Prisoner end said the stamp appeared
not to be geoeine. The Prisoner proposed to have
it seat to Chester, in order to ascertain whether it
was so or not; he admitted the workmanship to be
his. This man was rigidly cross-essmined, and hp
admitted that he bad bought goods stolen from the
Prisoner (but be returned it before it was asked) ;
he denied, however, that he had any prospect of
gaining any customers by the ruin of the Prisoner;
he was not aware that his father was one of a Com-
titian formed for prosecuting the Prisoner.
Mr. Walker, the assayer in Chester, clearly proved
that the stamp in question was a forgery. lie had
been appointed assayer in 1809 to succeed his father.
The first appointment was during pleasure; lie was
afterwards re-appointed every 'ear. Ile had taken
the oath required only at his first appointment.
Mr. Cnoss and Mr. Witi.t.tsts argued, that since
the Act required an oath on the part of the assayer,
since the Indictment charged Cie forging of the as-
sayer of Chester's stamp, and since the witness had
not taken the oath on his appointment for the specific
year, the indictment could not be maintained. The
Learned Judge agreed to reserve this point in case it
ere necessary.. A second point urged wasp that
•

the origipah Chester stamp wet predbeed.;•bot
only • copper-plate impression, and therefore the
I.vithence did not cervespandto the indictment. his
Lordship thooaht that the. originat bid beervpro-
&red in the Old Bailey. It wed
replied that the
original plate, &c. were never .required in the rase
of Bank.notes, and. that the original 'stamp wdold
both be toeless in that Court, and most injurious to
the trade if remcived from Chester, where it was in
constant use: Ills Lordship thought this a matter
of fact for the Consideration of the Jury. Mr.
Cross next endeavbered to show, by cross-eaamining
Mr. Walker, that the Crown and 18, which were
common to all assay-stamps in England, Ireland,
and Scotland, might be a genuine itnpressioni though
not from the Chester office. Mr. Walker admitted
that it might be a genuine impression from Edinburgh
or Dublin, as he • had never seen their stamps. The
crown and 18 being the only part charged in the
indictment, Mr. Cross seemed &Woos to push this
point to the •ttermost." "bo you believe that
this may be a genuine impression ?—No, I do hot.
You cannot be rug that it is not ?—No ; I have *aid
so, but I have rui 'doubt upon the subject; if there
mere a loop to hang a doubt on, I Outbid be most
happy to make use of-it. 0, Mr. Walker, don't
misunderstand me as if ritglinuated any thing to the
contrary ; I. have had the pleisore of knowing you
in Chester; (in a lower tone) Mr. Walker was our
friend it,the Election." This possibility of mina
ineness4Weas also left for the consideration of the
julry-h;;P•tisonler. ascribed' the prosecution to the en.
mity of fleshy.
Two witnesses were called, who stated ' that they
had always worked for the Prisoner; that hi ;tad no,
counterfeit stamps, and could not have them without
their knowledge; and that the case in question bad
been sent to Chester, as all other wares were sent,
by the Prisoner. lIP had always sent gold to be as•
rayed to Mr. Madock, who was employed in for-
warding the goods of many watch-case-makers and
others to Chester. They were sure that be had seat
the case in question.
The best character was given to the Prisoner for
honesty and fair dealing. Ile has a wife and family.
Ile had surrendered himself voluntarily for trial.—
Not Guilty.—Discharged
FATAL EFFECTS OF PUGILISM.
Robert Johnson, aged 17, was charged with killing
and slaying Thomas Emery, aged 21, at Manchester.
It appeared that on Easter Monday, the deceased
had repeatedly struck the Prisoner, the consequence
was an agreement to fight in form on the ensuing
Saturday. They fought about six in the morning,
and continued for an hour and 20 minutes. After
the deceased had yielded, he was persuaded to renew
the battle. Ile at last fell almost lifeless, he took
Johnson by the hand, but could not speak. lie ex-
pired at one o'clock the same day. The Prisoner
was scarcely slice. All was fair on his part ; he had
not sought the fight, he had not kicked or acted Tio-
lenity. The surgeon had no doubt that his deatiihad,
been occasioned by external violence.—Guilty.
The JUDGE, before passing judgment, said, that'
those who had been looking on were far more crimi-
nal than the Prisoner ; if they were in his place he
should treat them with far more severity. The period
he had been already imprisoned, since the 30th of
April, was taken into consideration, and in hopes
that he would be cautious hereafter he was condemned
only to one month's imprisonment.
The Prisoner fell down on his knees before the
Judge, and then retired. Ills ingenuous and firm
looks greatly interested all present.
CIVIL SIDE.
THE RIBG V. BURROWS.

This was an indictment at the suit of Fir Oswald
Mosley, Lord of the Manor of Manchester, against
the Defendant, a butcher, for a nuisance, he keep
ing a stall in a public street, which is the King's
highway, in Manchester.—Guilty.
LEWLEY V. FRANCIS.

The Defendant is proprietor of the passage-boat at
the Rock-forry, screw the Mersey. The Plaintiff
with eight others, passengers in the boat, had been
upset, and two of them drowned, through the negli.
Renee of the Defendant's servant. The present action
was brought to recover damages for this injury. Hot
it was stated that damages were not so much the ob.,
p.m as the establishment of the principle, that boat
proprietors, like coach proprietors, were liable for
the negligence of their servants. All the passengers
were to go by the Chester coach, and the boatman
had altogether abandoned his boat, and intrusted it
to the coachmen. It was upset solely through the
ignorance of the coachman, who steered straight for.
ward with full sail, when he ought to have lowered
his mainsail or steered to windward. The case was
not left to the Jury, • verdict being taken by eon.
sent for the Plaintiff.—Demsges 251. His Lordship
animadvei fed in strong terms on the misconduct of
ferrymen, and represented their responsibility both
morally and legally as peculiarly strong and obvious.

P 141 Ga

--■ss--

,
MAtiviow.oust.—The ease of a titan end woman,
named Rybrs; clierged wit h•ohteining a quantity Grit,
and ether articles, by fraudeleht mean*, hem ieverel
wholesalwdealers in the •city, nes again intestigrued
yEsterday. The principal witness called .to 61 the
charge against them wits' m.h named liver Bon
whose.appearance and manner wet# tether noon' ami
whose conduct was Stitt Rime extmolidinary. IL.
ono the porter who carried the goods to, the so .se
,warehoute of the Prisoners, and afterwsrdsrt4
to a public-house to meet and 'tittle with the perdu,. •
Being asked to swear to such funs melte knew .444
matter, he stammered and hesitated ; shook his he.,i
most gravely, and at length asveniingthe characters(
a Quaker (*hose dress be pertly wore) proteuld
against taking an oath. He was ready, he said
artrm any thing!
The LORD MAYOR said, that in a .criminal caw
that would not do, and enquirtd if the wittiest be.
longed to the Society of Friends?
Isaac replied no l—he had been for years entails
enuring to gain admittance among that body, 1604
yet had failed. His father had struggled is da 6,
same, but was disowned by " the faithful," in Cam;
qeence of his enerr)ing his (tire wittless'.) wok"
who bad previously been disenrolled from dre
ty. Ile was himself, however, determined to '
acre. and as his acceptance depended solo, 0„,..
strict and stern ..bedience to certain roles, wt
decline the dangerous risk of sae..ring upon ea
The Lana MAYOR remonstrated with long oppi
the folly. of such conduct, and pointed net the dil.
,sate between a mere declaration of the truth ape,
'oath (in order to the attainment of joshes), and do
obstinate adllerince to a form, for the purpom srj
pleasing a party, who for years, it appeared, Weld
to recognise him.
Isaac said he considered himself at present 66 mere
than half a Quaker." lid was determined t• be nee
altogether, whenever be could sere re admissinn aeon
'6 the faithful," and nothing, therefore, not even hie
itself, could tempt him to awes, !
The LORD MAYOR seeing that all hopes of its.
trailing evidence from this eitraordinary deal.
Quaker, were vein, ordered the p.iimity r again to ho
(emended, in the hope of obiainiog better testimony.
Bow-sTitevr.--Yeiterday Mr. W,,. Ford Bruer,
who keeps a boasding and day-school iu the village
of Frith's), was charged with *oral enders.' lush
metal to one of his scholars. Win. Henry Pritchard,
a boy between five and sit years years of age, theist%
of John Adam Nimbi 11, who- keeps she Thatched
House public.house, in Webb's-taste, liammerssiith.
The Prisoner was ordervd o find hail, to answer for
the offence at the ensuing Mitifileses Sessions.
SitADWELL.—Yexterday Janes Anderson, bah.;
of Bear-lane, Shadwell, appeased to an informal*
charging him with having ueohniesome higredinds
to mil with his bread. The Officers went in the De.
fendans's shop, and found a tub full of mixture of
slum, salt, and water, for the purpose of cities
with breed.—He was convicted in the penaltyo44.
and costs.
Mr. Mosely, baker, of the Commercial-road, ma
convicted for a like offence its ti.. same-penalty.
ANOTHER EXQUISITE.
MARLsoitommArrnarr —Monday a military tilinAv wr
biostzlit to this Office from she marls-hog e. ow a Aerie 4
heating an old as in S silk row, and also oistkbehovirg
Hither outstares arty to site em•eltates and constable of she nigix,
I It appeared that shout IY o'r uck on Stsodny night the PH.
ismer was coining from shed reeling, of H nd-streer, mat s eieg
an old woman i. Say ille.row, be accosted her in a gatinatassia
user. requesting prrmi sion .o hare her bed, ss hi. h the mind
to -'roes refusing. he (Gestleusan.lit.e!) began to exercise oh
military prowess upon her by 'inking her mom severe bless
wi h his clenched fist. A watchman s het. observed ;he trow
action interposed, and lsy his . bluely as Istanee preferred
lady's life fr• a the artificial span of our barn, wham be ladeli
in durance vi e."
The Defendant (vain appeared dressed' and starchk eves it
puppyisnst was about to compromise HO. " little newerf
whew Mr. Jones. the commble, preferred an onexpeet4 aid
very serious complaint ~giisot bins He said dm on his heisg
brought so she watch-1 i.e. be teed the toss, nnberessistlam
gauge I but wisest he understood thus he was so be Weird op,
time *wiener of big conduct exceeded all bermes. He placed hi&
self m a fighting *allude. and struck at w knees right and left..
Prisoner—" Did I strike an. Sir? aims er dom."
Conotabie—" No, bat yaw would if I permitted yore. Tat
attacked the beadle on the stairs, and said if he did ma let plit
eat
.von 'would knock his --- bead of, and altogether ye!
conduct wm extremely violent."
Magistrate (Mr. raaaarre)—o Well, you meat wide thiebt
And bail"
Primmer—" Well, then, which amt to do ? Either is ladt.
kerma."
Constable—" As times the ease you may putt in bail."
The Defesdant, with great -hauteur. made a very indite
reply, and immediately dispatched• some pm MOOS so get ball. '

TO ALL WHO ADMIRE A IiItIGHT PAIR OE"
BOOT.
In the gay school f Fashion!,
Yevaiturirs n ie. loan 00,
And skip through the mead just .s blithe as yns My,
When ',lemur, pupoiisig, •
•
Your bright hoots be nowise,
tied mind—tootteit's Itl,ckit.g hits 'made rum py.
In the Palk or the Mall,
You'd be lung tall,
Did your skein wit et spiet.tionr so charming display I
How the I. idle. polo out ye, •
• And shoe y e nod flout ye.
When TORN lies Jet Blacking is tout of the way.
If o'er the libation,
You've taken your station
opanions--nle think of she I.7hes they 'Maack',
As their liquor thev goat,
At the tat.te huts thee, laugh,
That knows out the beauty 461 Toam toes Jet Black. -
But be your shoes polished,
And woo are aboli-hed
The jeers of compani s, anti Bouts of the Hiss;
Then so Tour ail -bop hie,
And his Jet Market% be.,
For resemeer, DO nicking is equal In his.
Friends will be kind log request their servants and carries, ts
ask for Toawaa's Blacking, as it way be Awl by the Growl.
Perfumers, 1 remsongers. Stationers, 8001-sankess, oat I)^4_;
gists, in 6d. 1... and lint. bottles, is est ry Tulsa butliwt
Scotland, ales.
c/TeiCaeY,e4vilit

Your

No. 114. i.eedoa•rwd, Sombwark.
CT ASK FOR TURNER'S BLACKING.

DIED.
On the 210 inst. aged 29, Mary Ann, wife of L. Lewis, Pak
Esq. af Catoherwell-grovr.
On the 20th Wt. Mrs. Eleanor 11a)ly, of Brook.greewhoote,
Hammemositb, aged 9i.
Ois die .22d inst. aged 42, at the home of Mr. Duncan, Kea-
nington-terrace, G. Oliver, Esq. of Craig.mill, in the pates
St. George, Jamaita.
Oa the 23d inst. at North-end, Fulham, Capt. Corner, late
Commander in the Hon. East India Company's service.

_. . .
LoNDON Printed and Pribleibed Ay D. LOY RI-L. "1"e
STATES.Pd 1 el. ricc, No. siary smut, Fleepoort.

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