The Statesman.
London, England, 1821-03-29 00:00:00

FRIAVLOUS PROSECUTIONS!
--.4P•--
TO THE EDITOR OF THE STATESMAN.

Ceti—Shmild you insert this paper, will you, by
may of prologue, request your impatient readers not
to cry " stupid " until they shall have finished it.
If they will but finish it, perhaps they may find that
it is Dot a "Glited Ant."
As it is quite impossible to resist the reflections that
fiow from the recollection of incidents and of anecdotes,
I cannot forbear to indulge myself
matte with a few rewithflec-
tions that belong to the ; anecdote,
which I now furnish you.—No doubt, I shall incur
some uncivil recriminations from the "ciril authori-
ties," but as I am pretty expert at the game of " tit
for tat," I will have my frolic out.
There is not on the earth, a spot where the observer,
the philosopher, the man of feeling, or the hu-
Dieurist, may collect finer specimens of life and cha-
racter—may hotter exercise his contemplative faculties
—better exerrN his humanity, or indulge more copi-
ously in draughts of genuine wit, than in that melan-
choly theatre—that dissertiom room, whose climates
is Worse than the climate of the poison tree—A NI AGIS.
TRATR'S OVBICE that preparatory Court of justice.
Call it what you may, " sedition—immorality—
blasphemy—treason," there is no question, that in nine
vales out of a dozen, the charges that are preferred
before " sitting Magistrates" are altogether/rico/nue,
and end in what ?—in the wounded feelings--tlie mur-
dered character, and, consequently, in the destruction of
the innocent sufferer. Of the remaining three parts,
perhaps one half are at the suit of extortion, malice,
•or conspiracy; contrived to obtain "hash money,'
or for some sinister purpose, to cry down a character.
But what is most to be deplored in the practice of
those " preparatory srhools" is this—this evil is
now as public as the " Sun at noon day:"—that
whilst we find cases the most atrocious—cases of
point blank conviction, stifled with a whisper—hush'd
up by a message--acquitted by a letter, and heard,
(if listened to at all) in a back parlour we behold
(oh, dear impartiality), the very moment after, cases
the most fricolons, treated with all the solemnity—
with all the formalities of public justice, and as of
Ow greatest possible importance.
The cases I have alluded to last, are those cases
where the accused have no friend to whisper, no
latron to write a letter ; t/u of course cannot he ob-
jects of consideration, or of clemency ; they must, if
jficndless, be ilftmovs.
But hold reflection—Full offices bring fees, and
thiet's all that's wanting. Nine cases of ten are com-
promised, and any money paid to avoid in.nit, impri-
sonment, exposition in the papers, an " HONORABLE"

atquittal and a IikOKEN UFART.
If the defence to a malicious prosecution is reedit-
tiott, the defence of a frivolous one is certainly mut-
es:Ls ! ! !
At one of those preparatory tribunals in DCRLIN
(Dublin, proverbial for impartiality and for the Spar-
tan virtue of her public functionaries,) I was by
chance present, and heard, perhaps, the very best de-
fence that ever was made to a frirotous accusation. It
is the recollection of that case convinces me that in
all slush cases the only defence is contempt and AIM-

crs.a!!
A nasty, vile, hypocrital watchman had preferred
a charge against an holm:cat, Niodust lamb of a yonng
lady, whose slag, traikliran on his odiutts brat. It
seems the abominable old mlfe had bid an old grudge
against my lambkia—rejecteill.we perhaps—but most
Osely she had not raft) for her ;rms.,
When this case was called on, the "Worthy
Magistrate" most putlie74 askesi, what charge is
st,tainst this " ncssr.v." Elated by the elegant
Epithet, " Hussey," forward stept the moral watchman
pro•ecutor.—o Your worship," says he, " she's a
coviviun sTaarr-walker." Miss, who was quite igno-
rant of the crime she had committed, and who had
lAtened. with great anxiety, tindinE now that no :pr-
osily or capital charge was preferred against her,
Last into.* theatrical la igh. and, with a talent equal
Ike Thalia herself, isel.linetl, emarr-tinker, a
a•ratiar-walker !: boat s ice us!:
His worship quite indignant at this contempt of
Court was proceeding to enforce its dignity, and to
talk of Bridcacell. inveighing heavily against the
slreadfal crime of " sruersr-trolkim;;,— when her I
Ladyship again exclaimeil, with all the confidence of
Guanswerable reprimand and of successful appeal,
" ST*EC r-walker !" gTaV. ET-Walker !" Pray TWIT
worship 's am I a CAT to teat: ON inc. TOPS or THE
tiouscs !!!"
;this happy piece of ridicule threw the Court into
cdaeultions of laughter, and the young lady, without
'tithing to be discharged, settled the drapery of her
:mawl and walked off with a sneer. B.
t;ecil-street, Strand.

POLICE,
OCILDMALIIIkIet Paosarvetawa.—Pdni ladl-
- were htonght before the *Ong Magistrate,
Alderman MitTOATIt, for 801111 etessiestios, en charges
of having uttered forged Bank notes. They were
litilfioes Couk, for uttering a forged M. note ; John.
Smith, for uttering a 11. note ; and Harriet and Mary
Jackson, two sisters, for uttering two forged 11. notes.
The charges against the two latter prisosers were,
slated by Mr. Cobb, who keeps a grocer's shop at they
corner of Ivy-lane. in Newitte-street ; that Saturday
night, the prisoner Harriet Jackson came to his shop,
and purchased some trifling articles, in payment for,
which she tendered a 1/. note, which the witness im-
mediately detected to be a bad one; for he had. by
most dear-bought experience, become a tolerable judge
of Bank notes. The witness went for an officer, and.,
on his return. found his neighbour. Mr. Bowyer, who'
keeps a grocer's shop on the iipposite side of the way,
and who had come over to ask the witness his opinion
as to the genuineness of a note which he had just
taken. The witness gave it as his opinion, that it
was a bad our, and the person who had passed it to Mr.
B. wastaken into custody. This was the other prisoner
Mary Jackson. They both gave addresses to places
where no such persons were known.
The account given by the prisoners of the manner in
which they became possessed of the ;totes ass, that they
were Cyprians, and that they had taken them, as pro-
fessional fees, from gentlemen whom they did not know.
Mr. Maveaao, the Bank solicitor, stated, that the
Bank had dilly considered the several eases now before
the Magistrate, and, under the cinnimatanees of their
being the first offences, the Bank would decline pro-
secuting.
Mr. Cobh wished to know whether, if the Bank de-
clined prosecuting, the prisoners must of emirae be dis-
charged. He c ttttt plained that retail shopkeepers were
inundated with bail notes ; he had himself, during the
last week, taken no less than five forged notes, and Jr-
leer.' two. He mentioned other 1110:411CCS where a
number of notes ham' been taken by other tradesmen in
the sante neighbourhood.
Mr. Mays se o sail, the Bank were always ready to
prosecnte, where they thought that there was a chewy
of conviction. The hank would certainly render Mr.
Cobh any assistance, if he thought proper to prosecute.
lint if the prisoners were diechargeil, ash (-andante,' to
follow the same practices, the Bank wont,' have them
again, when time present cases would be brought as evi-
'knee against them. If, on the contrary. they slioniml
abandon them. it wont.' he proved that time lenient
course pursued by the Batik was not an erroneous one.
Alderman Ht.:vs:al.,: (deterred, that the Bank hail
%Arlon' been complained of for being too remiss in
prosecuting. Perla cps the great increase of this crime
ought to be imputed to the etibstitittion of a more le-
nient punishment for the minor offence; but he sin-
cerely hoped. that the issue of a new note, or an in-
crease of the gold coinage, would have the effect of
abating the od'ence. But he thought it a mistaken
notion that the incremme of the gold coinage would
entirely du au ay with the offence ; fur it would be
found, on recurring to the records, that as many were
convicted for counterfeiting and tempering with the
gold coinage, as there were now proportionably for
imitating the Bank note. Under all the circumstances
he thought that the Bank in the present instance was
perfectly right in leaning to the side of mercy. The
prisoners were then discharged.
Mr. Olivia thought the lenity of the Bank to time
present instance misplaced. He declared that he
would prosecute the next ofTender he caught himself.
Tule KINo r. UWIII6, DELAIIELD AND CO.—Tiiis
cane.- came before 1&. It. Missect.t., Esq. again yester-
day at Bow-street, for his final decision. Oar readers
will perhaps recollect, that it arose out of a cot: faint
made by the contracting scavenger for the parish of
St. Giles, agaiust Messrs. Coolie, Delafield and Co.,
in consequence of their removing the ashes, cinders, &c.
made at their Brewhouse in St. tides's, to another
stork of theirs, situated in St. Martin's parish, a prac-
tice %chid) was alledged to he highly injurious to the
interests id' the said scavenger, and contrary to die sta
t..te of :m7 Is 610. 111.
The agistrate sail, that being Lilly aware this was!
a subject of great importance to all persons engages' in,
manufactories where large quantities of fuel were eon-
sutned, he ha.) ;:iv:•it Cie statute the most attentive cun-
simlerati on, and slated,' decide thereon a •cording to the
hest of his jadgement, whateser decision might have
been made elsewhere. The Statute in tinestion was
framed, lie observed, for the express purpose of
keeping the metropolis free, from filth or nuisances
of certain kinds therein particularly mentioned,
(amongst which ashes and cinders were expressly
named :) and it was provided that time different parisimes
should be empowered to contract with persons for time
clearing au Ay of these nuisances. tu these contracts
the se.ivenv.r, voters into large securities for so clear-
ing time whole pariah, at least once in every seven
dope; and his tailing so to do subjects him to a heavy
penalty, besides time liability to forfeit his securities ;
and he incurs this responsibility in the lust expecta-
tion of being remunerated II the a*lies, cinder*, is.c.
he so carries away. Psi Act says, imperatively, that
he shall clear and carry away all dirt, ashes, cinders,
&r. without any reservation whatever in regard to any
particular case, and therefore he is minsifestly entitled
to all. Besides he would subject himself to a heavy
penalty by nut taking it away, even from the defen-
dants themselves, if they choese to demand that he
should do so. This was another proof that be was
jusly entitled to it ; anal, air an additional one, it was
enacted, that any other person taking way the ashes.
&r. should, on conviction thereof, ha iitied in the sum
of 101. and, in default, be committed to prison for
!ix mouths. Under all the circumstances, therefore,
he felt it his duty to pronounce for the contractor, and
convict Messrs. Coombe, Delafield and Co. in the pe-
nalty of 101.
Time defendants; inatnealiatelf gave notice that they
should appeal against this decision •to the Quarter
Sessions ; and there the Matt-r rest! at•present.
It would appear by. this decision, they all coal, or
other fuel basing paean-et 'owe through. the tire, it be-
comes the sole property of the esndracting scavenger
for abe time being, however useful it usistlit be to the
original proprietor, or at all events, that it must not
be removed for purpose whatever, outof the parish
in which it teas pro:Nee:l.
At Marliewouglt-street yeetently, a tnan named Pem-
berton was charges' with having emnsnitted a rape on
Ilse. wife Of A tiaalrosobau of Womm.tunieeter. in St. James'.
AO. go Tuesday night. The loiterers waireasualieli.

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