The Statesman.
London, England, 1820-02-05 00:00:00

COURT OF BINH'S BENCH, FEB. 4.

romans WARRANT/ OF ATTORNii.
Mr. (freeze moved for a rule to show cause why the
judgments entered up on two warrants of attorney should
not be set aside, on the ground that the name of the
party on whose behalf the application was Riede, was
erged by the person who gave the warrants of 'unmet
o the plaintiff. The Learned Counsel stated, that be
made this application on behalf of a respettable clergy-
man, a resident in a neighbouring county. The 'kar-
ma, of attorney had been given by a gentleman who
had stood in a high and respectable station in life. for
be purism* of securing the payment of an annuity. The
lrrgvnman in question had been on terms of intimacy
mud friendship with that gentleman. The annuity had
been paid fur several years, and in consequence of the
gentlemau who gave the warrant of attorney baiting re-
cently absconded to the Continent, the grantee of the
annuity, finding the name of the clergyman in question
o the warrants of attorney, as one of the joint obligers,
...irected his attorney to require that gentleman to pay
he annuity, for thi. security of which they had been
riven, with an intimation thit if payment was not ien-
ediately complied with, judgment would he entered
imp. Apilication was accordingly made to the gentle-
man. when be immediately replied, that he was utterly
anacquainted with the transaction to which the applica-
tion referred, and that although he had been on terms
of intimacy with the person who had absconded, yet,
that he he'd never joined with that person in any such
undertakings. The reply given to this answer was,
that the plaintiff must presume the warrants of attorney
to have been duly executed, and that, unless the requi-
sition was complied with, judgment must he signed, and
execution issued. In the result, judgment was accord-
ngly entered up, in consequence of the clergyman hay-
ng positively refused to comply with the request made
by the plaintiff; and now the application was made to
set aside the judgments on a positive affidavit, that the
signatures of this gentleman to the instruments were
forgeries, and that he bad never given any authority to
the party who had absconded to sign his name thereto.
The instruments purported to be signed in the presence
of George Pike and William Adams, a schoolmaster;
but the Learned Counsel studiously abstained from dis-
closing the names of the principals in this extraordinary
transaction.

The COURT immediately granted a role to shots cause.
There was no other case of public interest during the
day.

COURT OF COMMON PLEAS.

IN It RICHARD PIETER SMITH.

Mr. Serjeaat Lena moved that the name of Richard
Peter Smith, an attorney of this Court, might be struck
of the roll on the following facts :—Mr. Smith had, in
a case is abbots be was atteraey for the defendant, pat
in as bail one of his clerks, and ow the jeltilleatie• of
bail had assisted him ha swearing that he was not a
clerk. but a lace-maker, emploving men tinder him, and
therefore, that be *as perfectly competent to become
bail. Mr. Smith was an attorney of the Court of King's
Bench, and on the representation of these facts and a
similar motion, that Court had referred it to a Master on
the Pleas side, who reported that he found the above
facts to be as stated, on which report the Court of King's
Bench had ordered him to be struck off their wIl. The
Learned Serjeant observed, that he hail a copy of the
Naster's Report and the Order made thereon, and that
he was therefore entitled to his motion. But the Court
skid that his affidavit was not full enough, for he should
have shown in it where the Master's Report tea., whe-
ther filed of record or not; and as this was a very serious
and important proceeding, they wished for every infor-
mation ! they therefore directed that be should amend
his affidavit in this respect, which having done, they
granted the rule, observing, that if the facts were au&
dently verified, it might be a questimi, whether Mr.
Smith should have the benefit of 'hewing cause, iztila
should feel themselves partially hound by the proceed
age in the Court of King's Bench.

POLICE.
.-...w..-.

Itlssrston-Horst.—A ease of considerable importance
to those who are engaged is bill transactions, came on
before the Lotto Al avow. It was stated at the Mansion-
Moose, that I eminent houses in the City have
saffered from speculations made by unprincipled adven-
turers, under circumstances similar to those of which
the following account will give an idea :
A Solicitor charged a young man, of respectable con-
nexions and appearance, with having practised a very
disgraselnl system of (rand very extensively in the
Qty. The prisoner was brought up from the King's
Sends prison, of which he was said to be an inmate.
The dealing in which he wan accused of haring acted
dishonestly had taken place SOON time ego, but various
rirentostaners, one of which was, that it was impossible
to find him, had concurred to prevent the developetuent
of the facts.
The Solicitor stated, that the prisoner brought to him
the cheque of a respectable man fur 14(W. upon the
Bank, which would fall due in a few days, and haying
assnred him that value had been given for it, requested
that he would cash it. The Snlicitor not having.the
amount by him, the prisoner s. id, that if part was given
inossli, the remainder would answer in bills. This was
to, and in the coarse of the negotiation, the Itti-
had frequently declared that he had positively
given value for the cheque. It was afterwanls ascer-
tained that the defendant had given no value for the
cheque, and that Ise had fraudulently obtained it. This
foot was disclosed by the refltsal of the drawer to pay
M ans..unt.
The prisoner's Solicitor ridiculed the idea of gem-
Visiting a charge of fraud upon such =Waal' as those,
Ltd
The Loan MAYOR said, the present appearance of tho
cliarre was greatly to the prejudice of the prisoner' and
dir. c ed that the drawer of the cheine shouldl be sent fur.
The drawer of the cheque said, the prisoner cause to
him, and said he was about to purchase t lane quantity
of linen goods from a merchant in the thy, to whom
witness's cheque, payable within ti slsdrt thinly would be
as good as ready money. The purchase would turn eat
in all probability advantageously, and the witness should
be sernred against all contiugencies, by having the
goods in his own possession, and deriving a commission
front the sale. The repe.• ed assutances that the course
.dopted was completely is the llaspf ordinary merrad-

. _ ~„

tji4A'

tile transactions. induced the witness to give his cheque
for M. to the prisoner, who prevailed upon him to
post-date it for the accommodation of the merchant who
was t• 'supply the disposvable articles. Next day the
prisoner railed upon the witness. and stated to him that
he had communicated upon the subject with the iner-
clyint, 010 RePllll4l to think, that three cheques, monism-
ing in their combised sums to teat of the cheque offered,
would be of more immediate utility to him. The wit-
ness immediately gave three cheques, the one for 3431.,
the second for 1151., and the third for 141 M., to the pri-
soner, who said he should return with the large cheque,
and that the goods would he lost/Andy sent in. The pri-
soner was not as good as his worth He made many ex-
cuses, and complained that he (-mild neither get the
goods nor the cheques. The witness thee suspecting
that a plan had been laid to defraud 1 • , declared that
he shoald stop payment of all the cheques, and urged,
prisoner Trey teeth to restore them into his possession.
The prisoner soon after this assurance brought to the
witness the cheques for 31111. and 1431., but the cheque
for 630 f. and that for 1-10 L did not make their appear-
ance until a tiuse arrived which introduced than in a
very formidable shape at the liapk, where the payment
was stopped. The drawer declared. at the Bank, in the
pstesence of the merchant, the present romplainant and
others, that he should resist the payment of the cheques,
upon the gronnol that they had (wen fraudulently ob-
tained. since this circumstance had taken place lie hail
been complained against for having post-dated the
cheques before the I • 'ssioners of faxes. The result
was, that he hail been fined 10/. for having post-dated
one of them ; but the Cut ttttt issioners having !leant from
him the ciretinistatices of this fraudulent transaction.
inflicted nu penalty upon that which was charged as
the second offence. The fine to which a man is subject,
upon every charge of the kind that is established,
amounts to lOW. Proceedings have been instituted by
the merchant against the witness fur the 6311/., goods to
that amount hawing been given to the prisoner by the
present holder.
It was stated, upon the part of the prisoner, that the
complainant had made arrangements previously to thr
negotiation alluded to, which merged all the circum-
stances into a money transaction, equally honourable to
both.

The Los!, MAYOR said. the prisoner must prove all
that to the satisfaction of a Jury, and ordered hint to
find bail to answer the charge of fraud at the Old
Bailey.
lirmnitm.t..—Riehoral Fritbr. a Young man of res-
pectable appearance, who had been twit..e exansineil in
the course of the last week, before Mr. Alderman WAITS.-
MAN, on a charge of having robbed his master, Mr.
Franks, hatter, Itederiiss-street, was brought up again
yesterday before Sir W if. Crows.
Upon the prisoner he'.iig placed at the bar, Sir Wm,
CritTl4, addressing himself to Mr. Franks, said," I
hale heard something of this rase, anal I nnelerstanil you
wish to let rids puling man off without putishment.
Mr. Franks replied, that with the Magistrate's con-
sent, he certainly wished not to proceed further against
the prisoner, he.believed it was his first offence. his con-
nections were very respertable, and he was desirous of
relieving the distress with which the prisoner's conduct
had overwhelmed his family,
Sir Wm. Cerrts.—" This is all eery good of you, and
does honour to your feelings, but I amide nay duty t•
the public, which I feel I should not do if I permitted
this offence to pass unpunished. The prisoner nasyour
servant ; the mode you adopted to detect hien was very
proper; eon leave brought him before a Magistrate. and
the evidence is very clear against him. This is a com-
mercial country, great trust is put in servants, we can't
do without them ; what is your care to-clay may lw ally
body else', to-ioorrow. I can't suffer hint to 6• let off;
the law must have its course; servants must nut rob
their masters. I shall proceed with the case."
The eridetice was then game iwo, by which it appear-
ed that the prisoner had been in the employ of .Mr.
Franks altme heir ths, that being the only place he
had been in since he came to London. Money having
been missed from the till, suspicion fell upon the prisoner,
and in order to detect him some marked money was
given by Mr. Franks to Mr. Sanderson, of Ca sssss mile-
street, who accordingly went to the shop and purchased
a hat of the prisoner fur 1614, which he paid for with the
money mu previously marked. This was on the 2ith of
January. In the earning, on Mr. Frank's return home,
he examined the till, anal discovered that part of the
mosey that had been so marked and paid to the prisoaer
was gone; by consulting with the shop woman, who had
been directed to watch what money was taken during
the afternoon, it appeared that the cash in the till was
short 235. Wood, an officer, was then sent fur, in whose
presence Mr. Franks charged the prisoner with the rob-
bers; he denied it positively; lie was then asked abet
money he hail about hien ? upon which he pulled out of
his pocket silver tat the amount of 150., front whirl. 31r.
Franks picked out six shillings and four sixpences, all
which he was able to identify as part of the money he
had marked and given to Mr. Sanderson.
Mr. Franks having intended, if possible, to have
procured the discharge of the prisoner, Mr. Sander-
son and the shop-woman, whose testimony was neces-
sary to render the chain of evidenre complete, were nut
in attendance. Sir Wi 'AAA'', therefore, directed that
Mr. Franks and the Officer should be sworn to the truth
of their respective depositions, and that the prisoner
should he brought up again this tiny, the necessary or-
ders being given to insure the attendance of the other
two witnesses.
QC.IIIKII.LIL FRACAS.
itow-Sraree.—A few days ago Collins, Esq., a
gentleman at present residing at the Heiden-cross,
Charing-cross, applied to the Magistrates at this Office,
for a warrant against Mr.liarrard, the son of the opulent
silversmith in Panton-street, Haymarket, alledging that
the said Mr. Garrard bad grossly insulted him. The
warrant was granted, anal yesterday the parties, each
attended by a troop of friends, appeared before RICH• 111
81101114 gml. the Sitting Magistrate.
It appeared by the statement of Mr. Collins, that he,
the said Mr. l ollies, beteg a picot gentleman rw
warkably fond of dancing, was present at a ball in Free-
mason's Hall. some six or seven nights ago, anal being
at the same time a stickler fur wile dnlei principle, hi,
the said Mr. Collins, dial, after devoting his legs, feet, .
time, Ike. Ise. to sundry country-dances, go down stairs
to supper. That, upon his return to the ball-room, he
found the defendant, Mr. Herrera, with divers other
persons of both sexes, daneingleedeillee ; that the said
poodrillee not being the favourite dances of the nsajority.!
and interrupting the trocialiry, as it were, of the silty-
couple country-dance, and thee still greater sociality if
the deliciously voluptuous watts—some persons took
upon themselves to express their disapprobation by
hissing loudly. Whereupon the said lair. flamed in
-
I steady left off quadrilling, and advancing, arm* e kirk.,
towards him, the mid Mr. Collies, peremptorily de-
. mantled what he meant by hissitog. Mr. Collins denied
having hisotd—be had only laughed. Upon which Mr.
toward observed, that " either hissing or laughing nes
d------al Imputed." or words to that effect; and bay*/
so said, be turned upon his heel avid resumed Isk
fradrillittg, which induced Mr. Collies to cowhide sits,
tbenafras nothing the matter. Presently, however, ad
!staring being ended, and Mr. Collins in rime 2
venation with a eery lovely young lady, its, the
Mr. Herrera!, did, very ousel-a-prepta, again place kiwi
, self before the said Mr. Collins, and 'echoes, " bell
I will remember, Sir, that you denied having hiserdaalk
seat

--

_

me:" That the said Mr, Collins took thi, emoted a'-

took in high dodgeots. and demanded some ezpiana-
tion; upon which Mr. Garrard began to show off; and
Mr. I'..l.l!ins fearing the ladies might be 'milled, re-
quested him to withdraw from the ball-room. That
Mr. Garrard complied. and they retired to another room
with their friends, when Mr. Collins immediately hawkd
his card to Mr. Garrard. agreeable to the laws of Carta-
farrn, in the,w rases made and provided. That Mr.
Garrard, instead of giving his card in exchange, said be
Ihad not one about him; whereupon Mr. Collis.. "very
saturally-waspected hint not to be a goitlenhin." That,
" after a good deal of shuffling," Mr. tiarrard said
there was pen, ink, and paper, and he would write his
name and address." That Mr. Collins knew too touch
of the aforesaid Chalkfann eiiimetts not to know that
written address was totally usirecrivable, anti by the
advice of his friends, pereutptorily insisa-ti on a fro/ per-
piste card, as absolutely indispensible in cases of this
ind. triton which, the said Mr. Garrard, without far-
ther parley, and being instigated thereunto by the spirit
of pugilism. did strike him, the said Mr. Coillins, upon
the left side of his throat, tslsivls caused the said Mr.
Collins to take an horizontal position on the door; that
the friends of the said Mr. Collins instantly 'placed him
perpendicularly again, and that Mr. tiarraril as instantly
I returned him to the horizontal by a blow on the right
side of his throat. This was the sum and substance of
the assault, and Mr. Collins thought that, after what
had happened, he had no alternative but appo.ding to
the laws of his country.

The Alagistrate ob.rrrerl, that he thought there was
110 great " sistfliito" in a gentleman not happening'
t• hare a rant about him at ■nt- partirillar moment
and it %rented to him that the teriiten address might hare
been received without any gross violation of etiquette.
Air. Collins shook his head, as much as to say the
Magistrate w•as not up to these things.
A lientlemato, one of the friends of Mr. Collins, de-
posed to the troth of his statement, and assured his Wor-
ship that the hilt were plowed precisely upon earl. jofo-
lot, causing a temporary suffusion of Mood throughout
the interior of the routitewince, and a manifest deteriora-
tion of the articulart• organ.
31agistrate.—" Pray, Sir, are yolk of the prey'es-
fiflll

Gentlenian.—" No. Sir, I am not; but I belie‘• 1
speak technically correct."
Magistratr.—" Oh, Sir, I do not mean to insinuate
that you ore noi correct ; it was sour technicatitii that
. •
inducer! me to ask the oprestuon.
The Gentleman smiled in perfect romplacency: and
the Alagistr,ste called upon Mr. Garrard l.pr his defence.
.11r. ti pl admitted the whole of Mr. Collins's
statement except, that he insisted upon it that Mr.
Tullius was the leader of the hissiis:r : and further, that
when Mr.l'ollins found lie hail no curd in his pocket, he,
Mr. Collins, said, " 1 thought you was some
_fellow"
upon which he, Mr. lid, said. " If you abuse me
thus, I must strike you"-illlll then Mr. Collins was
making away : at the same time muttering- the words
corr.:n.l awl poltrosus; and he, Mr. Garrard, did then
strike him, awl out before; marl he thought himself jus-
tified in so doing.
The Worthy Slagistrate serous] to think so too ; aml
asked Mr. Cohins what be could 'possibly expect to fol-
low the use of such terms.

Mr. Untie, jou. of Charing-eross, heard Mr. Collins
use the words "fellow" and "polls-ono,- and f4l slid se-
veral other gentlemen, but Mr. Collins strenuously de-
nied it, and the Magistrate said, ;as Mr. tiarrartl had
adnii; terl the assault, he must send the Altair to the 'es.
sions ; but he should only require Mr liarrard to enter
into Isis own personal revognizanee. lie tl ght, 1 •
ever, they had better r promise the business, than ex-
pose theiuselyes in such a quarrel before the public.
Mr. Collins said, if Mr. U il would apologise. he
wustd cease from farther prw•eediags.
'Mr. Oarrard was irry indignant at the mention of
the word apology, and was quite read• to defend his
conduct to the very uttermost in any way ; atal, after
much further altercation, be entered into the required
recognizance, and the office was cleared.

MI.