The Statesman.
London, England, 1821-12-05 00:00:00

COURT OF COMMON PLEAS, Dcc. 4.

CRIM CON.
PENNINGTON O. LOWE.
The plaintiff. a coal merchant, brought his action
against the defendant, an assistant at a school, to re-
cover a cotnpeosatien iu damages for criminal conver-
sation with his wife.
It appeared that the parties were married in 1808,
at Paddington church. The lady was a Miss Alwin,
the daughter of a person of respectable character and
circumstances. Mr. Pennington was 34, and Miss
Alwin 21. The match was without the consent of her
father. They lived happily together until 1817.
when Mr. Pennington became greatly embarrassed iai
his affairs. He applied to his fatbet-in.law for assist-
ance, and the latter would only assist on condition Basel
be separated from his wife and family. The plaintiff
complied with the requisition. His wife then lived is
her father's house in Battersea-fields, and with her i
mother, in Essex. The defendant had been the school-
fellow of Mrs. Pennington's brother, who introduce+
him to the plaintiff. He was described. to be s person'
of polite manners, and at the time of the separation et
the parties, was considered an intimate friend. Whets.
Mrs. Pennington went to live with her mother. the
cottinct of Mrs. Lowe was sack as to induce thkusotber,
to forbid her daughter the knew. She reildfd-1
at a place called Thayden Bois, near Epping. The
defendant lived in the house with her, in the character
of tutor to four children she bad by the plaintiff. She
removed in 1319, on pretence of going to South End,
for the benefit other health to a house at *misted,
where she was delivered of a daughter. Mr. Lowe
took the apartments. He passed for a half-pay of-
ficer. and said Mrs. Pennington was his wife. They
slept in the same room, and after the accouchment, the
lady returned with the infant to Thayden Buis. The
medical man who attended her during the delivery,
was a Mr. Macdonald, who knew her to he the wife of
the plaintiff. in consequence of having attended her at
the house of her husband on Bankside. lie went as
a substitute for Mr. Brown. of Blackfriars-road. who
had been sent for. It happened that Mr. Macdonald
met the plaintiff by mere chance in Epping Purest,
and a conversation ensued, which led to the discovery
of the aduldery. The plaintiff then brought his ac-
tion. and the defendant soon after arrested him for a
debt of 1101. claimed for necessaries supplied to his
four infant children. The adultery was not disputed.
and it was opened as a case of perfidy and cruelty,
which called for large damages.
Mr. Alwin, the brother of Mrs. Pennington, was the
principal witness for the plaintiff, and the above facts
were proved by other witnesses.
Serjeant VAUGH•S addressed the Jury for the de-
fendant, contending. that the plaintiff had deserted his
wife, and that he was not entitled to damages. The
Learned Serjeant called no witnesses.
Chief Justice DALLAS said this . case presented two
questions. First, whether the action caeld he main
tained. Secondly, *bit damages ought to be glues if
It could he supported. The Learned fudge adverted
to the case of Chambers v. C?ffel, iu %quick Lord
Kenyon, Mr. Justice Ashursi. and Judges Ostler. and.
Grose, held that an action for criminal conversation
could not be maintained by a husband after separa-
tion from his wife. His opinion in this case was, that
the circumstance of separation was to be considered a
reduction of damages, but it Was no bar tar the action.
At the tame time, be reserved the questiefi for the fu-
ture opinion of the Courts If his opinion was over-
ruled, the defendant's Counsel would enter a nowsnit.
The Jury found a verdict' for the plaintiff=—Da.
to wages 2501.
- .

ammamamimasww.i.
Sumner Sessiotts.-e-Yesetrday James Hopki'u
aged 60, was pm to the bre.. on I charge of intermar-
rying with a tine young girl, named Mary Narratt,
aged tO, his former wife; aged 74, being .still alive.
Mr. Mammas conducted the prose:whoa, and Mr.
TURTON the defence.
The first witness was the Rev. Dr. Sauncletr, the
Minister of the united parishes of St. Agnes {Mack
friars, and of St. Andrew Wardrobe, to rote tiis first
marriage, when, to the infinite disappointnimiCotAiss
auditory, Mr. Tumult, the Counsel , for 16- oliwore
discovered a daw in the indictment, wbids aed
to the case. i-t. •
_

.43441/mu is irrtrasr•-314niday evrniag an -Inq ...
.iitioa teas taken iu the Bust4t-rouut.of St, Das
owes Hush ital. before Thomas Slariteao:l4...ll;yro
ii,r for Loudon bud S.mthwatk. ow the hdrif-ff, Alt,

Macy. &sign. ago! AL jet. Uxbriligp. film,, On
Thurs.lay Afternoon, threw herself mit of a winplArte pt
the tire) houn,i tan, SasitAeLl. Verda3-4,auary:

Bow-WrltiVe.—Testerday (ho. Wray, Benj. Mom,
John otherwise Colonel Barton. Spinel Miry, Jimis
Farthing, John Watson, John Milliard, (leo. Dud Ovid,
Wis. Pardo', Wm. Logan, Wm. Cox, Ilses. Dom,
Wm. Sums, John Carteraas. Hawse, and Wm. Jonas,
were brought up by a party of parole. who had appre-
hended theta at a public-house. called the Sun, in lied-
fordbory, under a privy search warrant, panted by
Sir Richard Strait, vpoh information that the bowie
in question was a receptacle for thieves. Upon inquiry.
the Magistrate felted that the 'sense bad somehow or
other got into the possession of a twin who bad este
been under sentence of tranlipatation, and who *lts
still known to be connected with thieves:

Wtay add Evans were tetognised by the oaken as
men who go about entrapping countrymen Me the
lon of their money at cards, &e. Moss. Colonel Sandhi
Hawse and Jones were declared, dpoll the oaths of
several •Steve, to be reputed thieves. Midfield was
void to be the keeper of a brothel, and a notorious'
dealer in forged notes. These seven were committed
until they should find bail, and the remainder were
discharged.—The landlord was told that he might
rely upon having his license stopped at the next licens-
ing day.

On Wednesday a nest, Containing throe young rooks
was taken in the rookery at Herriard-house, Hants.
DaitcTlOn or Turaves.—Bradfoed and Trow-
bridge, the adjacent villages and hamlets, and the
neigbouring towns, have for a long period been in-
fested with a numerous gang of desperadoes, who
have committed Many burglaries in Melksham, Trow-
bridge, Road.' Holt, Bechington, Norton-St.-Philip
Bradford, &c. Ste. However, through the vigilance of
Mr. Edmund Whither., of Norton, and Mr. Robert
Price, the High Constable of Bradford, a horde of
lung practised thieves and receivers have been appre-
hendeil, and a chain of evidence rendered perfect by
the full confession of an accomplice, which has brought
home to them the charge of breaking ope' and rob-
bing the houses of 1111 r. Bret., of Nortoo-St.sPhilip,
a short time since, and of Mr. John Joyce, at
Beekington, early in the morning of the lith alt.--
A large quantity of linen-drapery, stolen from Mr.
Joyce's, having been sold considerably below its
value (one of the receivers herein given 4e. 3d. for
nearly 22 yards of Irish linen and cambric muslin.)
and other suspicious circumstances .consing to the
knowledge of Mr. E. Whither, and Mr. It. Price. they,
with the most unremitting perseverance, followed up
their information until they succeeded is apprehend
ing Alexander Brooke (aged 17,) who, lading that
the proofs against him were sufficient to con*'
him, turned evidence and impeached John Heist
(aged 19) and Richard Holliday, (aged 26) of bring
concerned with him in the burglary at Mr. Joyce's ;
sad Robt. Wheeler, (20,) with two ertlsers already its
custody fur uttering base coin, of being concerned
with him in breaking open Mr. lirary's house, at Nodes-
St-Phillp, whence they stole a time-piece and a tea-
*lady ; bat being fired at by Mr: Urey, srhous they
idgaise4 they desamped without further booty. Iteereke
ll& &II laformltion alpha* Jamas Bastrload Szt
22,) Stephen Burgess (aged 20.) and Omer
(aged 20.) for receiving the property, knowing it to
have been stolen. Oa Thursday, Priddy and Satur-
day the whole of the parties underwent evatals.a.
lions before Sir R. Baker, Bart.. E. Aaderdos. J.
Wiltshire, C. Pbilott, and J. Madison, Emirs., when*
quantity of the stolen property being produced, and
identified by Mr. Joyce, they were fully coninsitted to
llebestor-gaol, for trial at the next Maims, upon the
clearest evidence. The remaining pert of this nutori•
ous gang are known, and it is expected will shortly be
in custody.. They are mostly natives of Trowbridge,
and work in the quarries near that town, where part
of their ill-gotten booty was discovered, congealed
nuder large stones. Their practice was to meet at a
public-louse in Trowbridge, inhere they concerted their
plans of operation, and having fixed upon the place
for making the attempt, they provided themselves with
a small Iran .wrenching-barand soon stem chisels, and
proceeded to the neighbourhood. where they concealed
themselves from observation, dispatching one of their
gang to reconnoitre, and to fix upon the premises to
be robbed ; himself and comrades commencing their
operations at about 2 o'clock in the morning, by work-
ing an aperture through the walls of the house suffici-
ently large to admit one of their number. The Ma-
gistrateeleave given the utmost facility, by their constant
attendance and patient investigation. to further the
effort' of Mr. Whither., MN Price and Mr. Joyce.
whose spirited conduct upon this occasion is highly de-
serving of the approbation of the publir.—Two more
of the same gang were apprehended at Bradford on
Monday. and underwent an eliminative they were
remanded.
On Tkurpday se'nnight, between 6 and 7 o'clock le
the worming; as Mr. Freakley. butcher, of Weston-
upon-Trent. near this town. was returning home (ram
itageleY Market on horseback, he met a chaise going
toward Itageley, between Shirleywicb and Haywood,
and the night being extremely dark and s'ormy, he
was unable either to see or hear the chaise, which was
going at a quick rate, until it cane full spun him.
Tile pole of the chaise tore off one of the stirrups
from the saddle, arid struck Mr. Preakley on the groin,
by which he was thrown to the greeted aid trampled
upon by one of the chaise horse., esti so much bruised
las to occasion his death on Tuesday. There were no
lights to the chaise, and it appeared that Mr. Freak-
ley was gavelling on the wrong side of the road, be-
cause it happeried to be the smoothest • and as be
could not discover the approach of the ease initiate to
areidit, meet probably be was sot perceived by the
driver Anti! the unfortunate widest had occurrea.—
lhis.ittnmslanclsolyinstance. of the impropriety of
,any catriage travelling npon.ffie public highway altos
'dari Aleut lights ; and we should i'espectinfiy sub-
mit to out legislators the ekpeilliney of intiodnciag
a clanm limo • she Act of ,Ptilletneut for regulating
the biglswayer to tinder it highly penal for say per-
son to amine drive a eamiage of may stmegiptiem there-
on one boor.aftersuneet or beforceanrise whippet pro-
per a irieseittei "iota 'MA'otily tend to
insure tie ietty of the 'pereeingiailisiojterty of *Me
wiseime sash morriage, 'but of NOM who troppes to
he, nolkt-abet woorsieiry tratellitupiss alt,*' dark; bY
wentittgatmeggetkesporomeh of the carrier, intio
alotettree. Him the why _to avoid .the da.nee.—
(StifortleAire .Idrertiier.) •

LONDON manxicarig.
COTTON.—The Coast matte* teeming ars" It
purchases since our last are quite iammeWeeable,l4.l Ith:
holder' *tines midi' drueneng•ebel Itiedilkal ."
- ---.
_...t Or pai.
&sue at lower priers.
SUUAIL—The cm idly of del plowk vr
et
..k
Sx
was laconsiderable, yet the few eel appeared
and would not dispose of 'lace It,
shade higher than on Tuesday t tas- the d itot•
generally to' sande' to theidea* tad id' *mitt
little Medi was done, el* law salts'leperl lido
however, at as *dance of Is. per est: nit Istosha
there is a farther improvement is Ileseserades, Ike h-ei.,
era asktd Is. higher than last week:oat the weasel kee'•
been generally acceded to : the mica sires this doy arty
are its; per cwt. higher; a few Barris sold 111 Frido
.6
101.4 Witt thete ate now scarcely any ofistinir auger iii;"
,The advance we bare stated, h. pet art. stet* deb dai
week; applM teetotally Wall dektleddat Ofiltiledeett
The public ale of Barbados{ today; 123 cailei; 'hitt
freely at the tearket edit* fully anfirmilig dia./414
ere Wave stated. In the ruined market Weis iiiiiiii,
interest ; for goods ready for immediate deliveskb theft
were few buyers, Sad though the market vias'firme •
great improvement could be obtained. The paZ ~
lately reported for shipping are chiefly for the Adher.
ranean : for goods deliverable in Spring dab tog,
great denoted, and the prices of the attracts
were 3s. a 4s. above the present currency.. is
Sagan very few purchase are lately reported Iyipritele
contract. . . .
COFFEIL—The polio sales lately Wight Issoat,t
have beeniaconsidetable : on Theinday led, 2t4 cask',
262 kati dab Plantation, ad 03 emits ligt fs•
reign, weal elf rather freely. I the St. beano as
at the
revues totem good laulity en bled& 1016. ad kilt bit
the Jamie& and Dominica sold at *kW ,te% minim
lady the latter : the era:laity of Detoreoirtmaberhici
lately brought forward bas been so andiferalk trio
a small redaction in these descriptions mud Ile slue/.
'Mrs public sale of Coffee this forenoon consisted of ale
bags of Brazils and 60 barrels Havannah ; the Somme
sold Is. a 2a. lower than the provides prices ; the lathy
rather higher. The Cagee market generally Nay h
stated exceedingly erns. the late advance fully Nis.
taineel.
RIUE.—By public sale on Friday, 106 hrls. Wan
Rise, good quality, sold 345. &I. and 365. ; ordiasty all
withdrawn at 34a.
SPICES.—There was a considerable -improves:milt
Pimento last week; 20i bags at pesbliu aide oat 4
freely. ordinary at lid.. gad rid, and tine Sid. Sit is
other Spices there is little altecadoet
RUM. BRANDY, and HOLLANDS.—TIeste Inn
been several large purchases of Rune privately, hat iss
partials,s as to prices, Le.' have not transpired: it is dif-
ficult to purchase Learade Kelm late curreacy I anti
holders have withdraws their Rates for higherroo.
' Ileueolies are heavy, end rather lower, notaithetentraf
dee late improvement in Fraore.—tieueva is without ii•
saration..
SALTPETRE.—By public sale last week, 740 hv
Saltpetre went at low rates ' • 'Auction II per mat. ..a.
41.1 per Wt. at 21s. 6d.; 24 per cent. at els.
HEMP, FLAX, end TALLOW —The prices of Tsi.
• low coatings to fluctuate ; last week Yellow Om& Tal-
low in one instance bade/bravoed to 41s. the grand
primeWm* e 43.. ~ ai then the marked has iwonse limy,
and the prices have again gives way, though set ose-
delerably ; the depressing may be stated at lid. • Is. . .„
cwt.—Hemp—Hemp continues ih good demand, and a ' .'
advance most be stated.—Flax is also in more •
athigher prices. ' PI ~
011.5.—Whale Oil Is exceedingly beery and laseta
parcel of tireenheasl reported to he aeW at 191.--Liard
UR towtef has radioed 9W., her itiloseA. Ow=
a purcinumi at that rate, es dirolllb,ow is
to the price of Seed.
NAVAL STORBS.—The priests of Tar have am-
/hilly improved. 1400 brie Terpeotine are buy «•
'parted, for which it is expected 15s. will he paid. Spit%
gone higher.—ln Pitch, or Rosin, there is little varisils
to state.
IRISH PROVISIONS, Ike.—The prices of new Serf
have rather given way.—Pork it; slit:out variaties.—
Old Baron is exceedingly heavy ; the prime new is of
feral freely about 35s.—Butter; have advanced 2i. rises'
last. -Waterford is in demand at !Ms.

Our to._
TEA.—The solo has eolosneoced at the I odis•lesse;
the quotations are in consequence nansinal. Tsi
the Bohm have sold, incluaim; duty. six►',• W. per Ih
ostler the lest sale prices ; Congo also a shale lower.

COURSE OF EX,CHANOR.—Tu tSDAY.
Amsterdam. 19 IS C. F. Bilbos. 35! Hareeleas,l4
Ditto, at sight, W 10 Seville. 34 Gibraltar.*
Rotterdam. W 14 Leghorn. 47 Deuos, 421
Antwerp. I* 7 Malts. 45 Venice, 97 SU
lialabw-gh. 37 0 Naples. 301 List)" SO
Altona. 37 7 Oporto. 50 Rio Jaoskso
Paris. 3 days sight, 23 80 Palermo. 119—Bahia; O
Ditto. 35 00 Dublin, $ per cent.
Mordeaux. 2. 90 . I Cork, 9 per cent. frat.
Frankfort on the Malne,l36 Ftw. gold in bars. St. 1N: NM
Petersbargh. 9 0 U. New Doubloons,3 I. MOIL
Vienna. 10 IS Rf. Flo. New Dollars, Os. 041.
Trieste. 10 IS Ef. Flu. Silver in bars, Stastiard,
Madrid, 36 Cadiz, 38 4s. 114 d.

As from the account, gives in our paper, a tee
three individuals recently poisoned in Meelskaborde
street, Dublin. the public, pseitar. concludes 'basil
the three have been lost, it is proper to set matter'
right on this point. ln three hours after the sue.
dent, and sometime after the administration ef article'
not necesoiry to be detailed here, the friends of the
patients called in a physician, who felted the woo*
IlLeatiet, and the elder of the little blacker,
seven years of age, in a state of the 'reassign!'
and is the last stage of debility, with the raw ie"
perceptible. or very nearly so; the leter expired afte"
r
the lapse of a few hours. The wows*. WWII fis
of .
body was pretionsiv robe t, PlOlrea etts beers
longer. The younger of the ehlolces, :Mot
throe years, has been during some days
danger. hat by the moat indefstigable ear,
the goodness of his conatitetion, he is rete.se4.
lift death. and is now perfectly recovered. This. It
scarcely need be added, is matterof consolation tollls
poor parents. se well as of joy to his feelieg O'
Min. After the, early exhibition of medicine, &med
to mutilate sad rens% • slot poison. the little ttt/ b4l
tressed on the env logict:e