The Statesman.
London, England, 1812-06-02 00:00:00

THE STATESMAN.

SENTENCES OF THE RIOTERS.

CHESTER, MAT SO.—The Court has this moment
broke up, the Judge having passed the following sea-
teuces,.viz.;— .
Collin Linden, James Wilson, or Roach, For-
st e r 'Roach, James Bennett, Richard Wood, James
Tnnilinson, and William Thompson, for obtaining
money contrary to the King's peace, from John
Parker, Esq.; Richard Loyadea, James Torkiog-
: ton, and John Ilenshall, Mr rioting at Pownall Fee
I and Styall, and obtaining several sums of money with
force and violence ; Joseph Thompson, for en-
tering the dwelling-house of J. Goodair, oi•Edge.
ley, and stealing thereout silver spoons and other
articlesv• and also setting fire to the same; Williaria
tireenliough; for entering the shop of Alice
at 'fintwisle, and taking away a quantity of dour;
James Crossland, for threatening the life of Robert
Thornilcy, a manufacturer afthitwisle, and break-
Aug and destroying his tools; John Temple, for
breaking and entering the dwelling-house of Samuel
Wagstatf, and stealing five silver tea-spoons and
other articles; and John Heywood, for riotously
assembling and breaking the factory of Messrs. Side-
botham, and breaking and destroying a machine, re!
ceived sentence of Death. _

John Ellis, for destroying seven shearing frames,
the property of Thomas Rhodes, at Tietwisle.—
, Giiilly--sentence. respited.
Samuel Lees, Thos. Burgess, Thomas Brunt, alias
Etehelisi for riotously assembling, and, entering the
mill of Josfeph Clay, at Bradbury, and carrying
away.,llour therefrom; Thomas Whittaker for admi-
nisteriotan unlawful oath at Etchells; John Brad-
shaw, for taking an unlawful oath at Etchells ;
James' Ra.tcliTe, for entering the mill of Joseph
Clas,; of Bradbury, and stealing a quantity of floor;
Wm. Walker, for seizing floor and other provisions,
from Ralph Booth, of Gee Cross ; and E: Redfern,
for entering the warehouse of the Huddersfield Ca-
nal at Staley, and stealing large quantities of meat
and flour—a/1 to be transported for seven yoga.
John Jackson, Wm. Stubbs, and Thos. Litesiey,
for riotously assembling and continuing together at
Matclefteld, upwards of an hour, after proclamation
bed been shade to disperse—The Igo former to be
imprisoned three years ; the latter one year.
Chas. Heinle) and John ?Reid, for setting fire to
and burning part of the dwellibg-house of John
Goodair., at Cheadle-Buikeley ; and Nancy Hurst,
for steering flour from Huddersfield Canal Ware-
house, at Staley—One yeses imprisonment.
Aid John Hamlet, Thomas Chadwick, James
'Chapman, William Woodhall, John Gramm, Petec
' Leigh, William 'Hancock, John Garner, William
Bennett, Abraham Broadbent, and James Renshaw,
alt acquitted.
John Parnell, King's Evidence.
Thomas Whittaker was convicted on the evidence
of one Parnell, of administering an unlawful oath to
18 or 20, in which they entered into a solemn obliges.
tion to destroy steam-looms, &c.—t-,Whittaker was
sentenced to seven years' transportation.
His Lordship passed the awful judgment of death
upon sixteen;--and, in a most impressive address, '
held out not the smallest hope of mercy.

DISARACIPUL OtitßAGl6.—On the 23tt ult. four
American ships having regutarlycleared out with pas-
sengers for various parts of the United States, drop-
ped down the Derry river about sixteen miles, when
they were bearded by his Majesty's schooner, Bar-
-1 barn, Lieut. Morgan, who proceeded to impress the
passengers, as well as many of their friends, who
had been on board to bid them farewell. Those un-
fortunate people were, as we are informed, proceed-
ing on their voyage, sanctioned by the law, and
regularly cleared out by the Order of the Privy
Council, after undergoing the necessary inspection
by the Mayor of the City, and the Collector of the
Port. Many acts of unprovoked cruelty are said to
have been committed by the crew of 'the schooner
upon thole passengers, as if it were necessary to
deepen their regret at leaving so much Law and
Liberty behind them as they had experienced from
the commander and crew of a British ship of war,
should they ever quit their native land. This outra-
geous transaction has deeply interested the feelings of
the merchants and principal inhabitants of Derry, as
well as of the neighbouring country ; and a meet-
ing, we arc informed, has been held in consequence,
at which it was resolved to prepare petitions to Go-
vertsmeet, as well as to the Admiralty, expressive of
the public sense of such conduct, which petitions are
now on their way. The circumstance deserves minute
and satisfactory investigation, and will receive it, it
is to be hoped.
FRAI/D.—Janes Hookering, servant to a family
in Charlotte-street, who had been taken in by a
written character from Enplefield Green, was dis-
charged a fortnight since, iu consequence of being
suspected of larceny ; and in a day or two after an-
other porno, who stated his name to be Griffith:,
applied for tike situation, and gave reference for cha.
ratter to opatteman of the name•of Crate, on Big.
shet-hoth. An answer was returned, which, in the
common way, would have been accepted but, on
investigating the business, no such gentleman as
Crole could be found,end ultimately turned out, by
the confession of Griffiths, that this character was
issued from the same person who wrote the cha-
racter for Hookering the former servant, although
not in the some hand-writing. Griffiths was taken
up, and sentenced to six months' imprisonment, in
default of paying a line of 201.
Roots.GETTING.—AII instance of this dangerous
Practice occurred 'a few days ago, near &elegem ;
a young man who' had the' temerity to ascend the
loftiest boughs of a tree to take from tho 4 sable
sovereigns their hatf-fiedged offspring, fell from
the summit; and lies 'with little hopes of recovery.
The Ave Average Prier of SUGAR, fur the Week, ending May
27, is 44.. Old: per Cwt.
Avermge Prices of CORN of ENGI,AND sad WALES, per
Quarter from the Return, ending May 42 :
Wheat. 1 Rye. Earley. Oats. i Baas I Rime. Oahe.
s. 0. a. d. a. d. r. d. s. d. a. -d. 8. if.
132 10 84 0 77 0 56 91 71 6 19 4 44 11
Average Priers of BRITISH CORN, in SCOTLAND, by
the ()owner of eight Winchester Ilushchi and of Oatmeal pe,r
Roll of 12611 n. Scotch Troy, of the Four Weeks latatediate4,
preceding May 15 :
Wheat. Rye. Braley. Oats. Brans. Paw. Ostia.
r. d. s. tf s. it. a. d. a. d. a. j. a. d.
IA S 61 .r& ID 4.9 9 7t) S 11. S, 8
I 34

LAW INTE LLIGENCE.

COURT OF KING'S BENCH, Joss'.
TASSoRovati, AND OTHERS, V. THE DANK or
ENCIAND. . •

This was an action of Trover, brought against the
Rank of England, to recover the value of three
Bank of England notes of 1001. and tried before
Lord Ellenborough, at the Sittings at Guildhall,
when the Plaintiff obtained a verdict, subject to the
question" at law, whether an action of trover could
be maintained against a corporate body. It al,.
peered that a Mr. Sidney, an attorney, of leurnival's
Inn, was the actual Defendant in this case, and the
Bank of England merely nominal. Mr. Sidney, it
will be recollected, had his pocket picked in Fleet.
market, of his pocket-book, containing (with others)
the notes in question, which were afterwards passed
into the banking-house of the Plaintiffs, by them
transmitted to London) and payment stopped by the
Bank of England.
Mr. BOSANQUET, on a former day, obtained a
Rule Nisi, for the Defendants, to set aside the ver-
dict, and for leave to eater a noasuit, upon the
grounds, that an action of trover and conversion
could not be maintained against a corporate body.
On Saturday,' Mr. TADDY, for the Plaintiff,
showed cause against the Rule, contending, that as
this was a question upon the right of property, the
action or trover was maintainable as against the Bank
of England in their corporate capacity, and cited se.
veral authorities, when it was held that trover sup.
posed a mis-feazancel for which a corporation might
be indicted, as in the case of not repairing a bridge,
or .ommitting a nuisance ; so in questions concern-
ing right of property they were equally liable by ac-
tion of trover.

Mr. G4RROW and Mr. BossNour,r on the other
hand contended, that detinue which imp!ied no
wrong, might, perhaps, be maintained against a cor.
porate body, who were not liable to actions, on the !
case of nen.defearance, but not of toil for lois.
defeazance. A Corporation could not be guilty of a
miS.feazance, so as to be liable to an action. The
tort mast be committed by the servants of the Cor. 1
poration, for the Corporation itself had no body,
and if the act was done without their express autho-
rity, it would not be within the scope of their office,
and the Corporation not bound by it. If done witisl
their authority under seal, they, not being incorpo.
rated to commit a wrong, the act would be voik;
and not binding upon the absent Members ; and
some cases were cited in order to, show, that in acts I
of this nature, the Bank of England could not be
sued in its corporate capacity.
After some further arguments, to which Mr.
Totorre replied,
„__,
Lord ELLEN2OUOUGH observed, that his original ;
inclination was against the objection, but conceiring
it as a question of importance, the Court would look
into the cases, and give judgment on a future day.
At the sitting of the Court this morning, his
Lordship, after adverting to the several cases cited on
both sides, declared it to be the unanimous opinion
of the Court, that an action of Trove; was main-
tainable against the Bank of England, as a corpo-
rate body in this case, and therefore the Rule to set
aside the verdict was discharged.
No ether cause of any Interest took place this
day.

COURT QF COMMON FLEA Zwitl.

MAGID V. HOLD.

In this case a Rule tad been obtained on the part
of the Plaintiff, to show cause why the award of the
arbitrators should notbe set aside, under the follow-
ing circumstances. The affidavit set forth, that a
total debt of 2161. was owing to him by the Defen-
dant, 971. of which had been acknowledged and paid
into,Court, and the remaioder, by mutual consent,
was referred to be awarded! by arbitrators. Accord-
ing to the accounts which he had delivered to the ar-
bitrators, he was entitled to a small surplus of
21. 10s. dropping, pursuant to the award, the snm
which, added with the others, made the total. lu-
stful of this, however, it appeared that they consi-
dered him liable to pay 221. above the money which
he had paid into Court ; 131. of that sum was the ex.
pences of the arbitration, so that on the whole he
was charged with upwards of 71. beyond the authen-
tic documents by which the award was made. lie
believed the error to have arisen from a misconcep-
tion on the part of the arbitrators, they having de-
ducted the sum from 2061. instead of 2 WI. .
Against this Rule r. Sekjeant LENA showed cause,
maintaining, that the Plaintiff had put in one soli-
tary affidavit, without the concurrence or assistance
of any of the arbitrators, who were men most ready
to acknowledge themselves misguided, if it had ap-
peared to them. Upon one affidavit, therefore, ho
was conscious the Court would not interfere with the
award.'
Mr. Serjeont SaerllEan, iu support of the Rale,
maintained, that the solitary af4darit coital*, n
faierepresentatien, inasmuch as itiat one of the ar-
bitrators had put in an affidavit to question its Vera-
city.
Mr. Justice Glass (late Attorney-Oeneral) per-
ceived no complaint made against the justice' of the
arbitrators, therefore there was no reason shown to
the Court for breaking in upon the award; he would
venture to recommend the arbitrators to re-consider
the whole, and report their opinion accordingly.
With this opinion the Counsellors agreed. • •
The Court then went into Sittinp at Nisi Prins.

We copy the fallowing advertisement from a Dub-
lio Paper of Thursday last :—'6 Suaacatrtiox roa
THE WIDOW AND CIOILDREN OF BELLINOJILit.--St.
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Subscription its set on foot it, England, for the Wi-
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Subscription, for their use and Bnefit, the above-
I mentioned Play, written by him at the close
of the Duke of Bedford's Vice-Regency of this
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