The Statesman.
London, England, 1812-10-30 00:00:00

MIDDLESEX SESSIONS, OCT. 29.

• •N'UtsANCR.
This was an appeal exciting great interest before
about 40 of the Magistrates of the County of Mid-
dlesex, and Mr, MAINWARING, their Chairman,
pronounced on the loth inst. by the Magistrates of
Bow-street, Mr. READ and Mr. NAnts.
I It was an information by 'a Mr. Kinnaird against
: Mr. Soane, of No. 13, Lincoln's Inn-fields, north
side, for projecting the front of his house, under
the present improvement and decoration thereof,
three feet six inches beyond the adjoining houses,
and the general front of that side of the square,
contrary to the Building Act, of the 11th of the
King. The Magistrates below acquitted the L.,-
Jetidant from the charge of nuisance, for which, if
lconvicted, they have power to commit the party in-
' definitely, until be abetp,the unisance.
l. The Relator, bilds Copnsel, Mr. l'onLEy and
'"Mr. ALLEY, contended that thejudgmeut below was
seroug or erroneous, and that the present appeal well
1 ltty; to the Quaiter Sesstoes, as 'otherwise the Act of
! Pu rliament wpUld by Wholly inoperative, and merely
a dead letter.
Mr. Gocxxii, against the appeal, denied and
I ' eontroverted.the right of appeal now contended for,
. -
maintaining that the Magistrates below had a fud
:'and definitive juriidiction in this case, .assimilating
it to the case of an acquittal by the verdict of a Jury
lafter a charge from the Judge, which could never be-
come the subject of an after trial,—the Magistrates,
: in the present instance, having acted as if they were
both judge and jury, and thereleing uo appeal spe.
cifically given to a Relator by- the Act of Parlia-
I meta.
The CHAIRMAN now observed, without hearing
1 Mr. Wetherell on the same side with Mr. Gurney,
that it was a case of much public interest, and of
l'great doubt as well is difficulty in Ms mind, and
those of several Magistrates, which they could not
in this way decide, and therefore advised an appli.
cation to be made to the Court of King's Bench•
for a writ of Mandamus, to be directed to them, re-
.quiring them to hear and determine if they had
power in this appeal. This , proposition was
adopted.

.

A NOVEL, PROMPT. A N 4) PLEAQANT 'METHOD OF
PAVING DEISTS.
At the London Sessions, bolero the REconortt,
and a Bench of Magistrates.—On Monday last,
David Evans, was prosecuted on a charge of haring
assaulted Charles Dunne. The evidence on this
trial disclosed a series of facts, singularly curious,
and a little interesting to tradesmen and shopkeepers.
The Prosecutor, Dunne, had formerly been a sur-
geon, and though he still calls himself one, he has
for years past been a Ruler in the Fleet Prison, and
residing in Belle-Sauvage-yard, Ludgate-hill,—
Dunne had received a bilk of exchange for :.'Ol. and
upwards, drawn by one Schroeder, another Fleet
I Ruler, and accepted by a person of the name -Of
-
Shorter, cif whom all that could be known with.cer-
-1 tainty, was the transportation of his wife. The
Peteudantj Evena, havingjest pmuivlced-lau4siefs cm.,

his own ticconnt, was eksily duped, and pr,ivaited upon
to give twenty-four pounds worth of carpet to t)r.
Donne, in exchange for this hill. It is needless to
add, that neither drawer, acceptor, nor indoiser,
were prepared with one sitilling when the bill becznle
due. The unthinking Defettda;lt, had however, ti:e
audacious preslittption to call on the Doctor for the
payment of his carpets, when 111,-h Words led •to a
scuffle, which tericinated in Etaits being ttirrott eat
of doors, knocked down iii the street; and bone.tly
bear while down, by the mai.ly and Meath ziati
Doctor. But neither the loss of the carp-ts, nor the
severe manual chastisement, which the urn :tAnatti
Defendant had sustained, could satisfy the woundeA
dignity, or socten the dre.idful ire of the lofty and
choleric Doctor ; who followed up his insolent p;c6eiatt
creditor, with an immediate indictment for an assn, ;f:
The Jury, however, though they could entertain no
doubts of the pugilistic powers, could not se rcadly
enter into Cie Doctor's :setined feelivAs on the nature
of this singular assault, and accordingly acquitted
the Defendant, to the satisfaction of all result,
except Mr. Dunne. It ought also to be known, tint
in addition to this indictment, the Doctor has found
so many others against ,persons in sirailar cireinn.
stances, that the itycottuEn, in the course ci the
trial, addressing the Prosecutor, observed with pecu.
liar emphasis—" Why, Sir! syou're a wholesale
dealer in indictments I !"