The Statesman.
London, England, 1823-12-19 00:00:00

-717 131

, .
• coittukt.og. KiN&4liwislint,—ssoplass,
Sri the tot? Cita Joilnat ted Head,
• • • PAYING BILLS* 8Y CNgC>tt
• . eittt eortirsosoc.i. .*•
ItirtjoLscyroa•Oviraast. stated this ease
tige:. WO. Sol*, Party, wad
.smith, I t
to ireeireety3sol, with interest. 'upon a bill
The defendaeis Rem wiembants in tlristol, .1
of Messrs. Vindosola and Co, The bill Lad. .
at Alpdritnpon the deffsidinti ; &hex various indorle-
inaitain'Spiiii: grittnifid; add Scathing!, tad found its way
to' Site house of the plaintiffs.' It IVO sent to the defendants
to be accepted. It was accepted, and made payable it Mr.
Vontscial,! NC& Preeman's•court. .Whoa it becamedoe.
a. shrck of.-qtr. Poniaries was presorted, and the bill
tikes np. Wipes the emelt Was presented at the•clearinpr
TAO it thlstiOniatif, sad M r.Posiatis was found to.
Ivies abseondell.' • .
*The third bill we. produced ii'Votut with $ relit
number of endersetheats and it aypialAt that the'coorbe
dt hasineasin mach •casil tit tripllbafe fool go lAN,* was to
have thefi., roe Mn oce4Pted; ttie iecoad endorsed bad nejrW,
olosek'obd tit.fopye tilt,- *third kept, with 'till the 'endorse.
Meals,i.td Ordproduced, Cate of necessity, 'A notilber
lif*witnieses were callWd 'to prove the ftiroialittlis of the

ease. • •
• 111r.Mannta1x ad*sitted, in his address** the Jnry,
only qtios. was, who was to' bill' thii loss.
Mr e .
iin
aiteided that the plaintiffs having presesited the bill
in the yonrning without b;iring received nioney..net bet!
1.6 *ye ' reviver the check near four o'clock. 'Their nee
gekoostgbt to hotpot* apon theni this. loss. •
. • Loa* Cum 'ivrrits said he should be sooty to
sitaiii,.tbigi. which , Could cast a doubt upon the prip•
, :May end security. eh a &sentries and convenient
eleticesetbarof fee viba checks in satisfaction of bills
of exchange.
' ' Verdict (or the plaintiff-466f;
' VSUR

- illieeDs AND DTDDIS, AsSION ICS of GOLDING, M. LAING.
. wins
'fliins an action by the assignees of Henry Holding,
ii botistopt, on tlste statute of Anne, to recover MIL. being
ntrWo the amoiset of . insides lent by the defendant to the
ban ;rept at asorietts interest. „
Mr. AIAIIRTAT mated the egoist* behalf ofthe plaintiffs,
Wlak • riled, ttiorigh 'stoke/airily, is" the assignees of a
listakrapt owned Holding. becanek the istatute against usury
instil:lo*yd airy perlon to sae for the penalties. The
Sanitrapt' had kept, a Pottle hawse,' sod haviAg bees
aupplief With hops by, the defendant; War is A1n414.1132t.
inch bud to hint in the sum of 148/. 11T. Id. At tblepeeled,
Ml. Bunning' wished to-borrow 3(JT., "and Mr.71410g
agreed to liMiliin that sum for six months..ora•siteiving
'2ll. 10s. ; that ur.s tam moderate interest of 13Pki eiet:
in pursuance of tbis'illegat etintrart three bins of ex-
Orange *ere dtawn, including the debt for hop. the 3001:
Islet, and the usurious interest, Which wife duly paid.
1 .1, ~ 'l?ati;actitin would be diitinetly Proi'ell by Golding,
*Assess tiatienony. would be strongly corroborated by re-
.
a Reitaide witnesses. . .., • , .
, The fOrmil proof of the binkruptcY. rendered •necertiry
-by the description- given of themselves by the plaint*.
.%'3/1 adduced.
• • Henry Holding, the bankrupt, vial then trammel.
s-tid.-1 was a publican, end did business with the defigialasti.
On the `2,stli of April, 1820, 1 made a purchase from**l6o of
bolo', at sic mouths rredi', aliening three months' interest.
The an )ant was ,148/. Its. Id. A short lime previously 1
..., plied to bile for a loan ,of 3004 or WO/. • He at first "ob.
jetted, but wished to know what I coolistered a handsome
reinnneratiois-i I•said toy distiller sills:seed me 10/„Pei cent:;
fOrdiseanngorreat.ly money, and I would- givo Wm the
sriint;, 414.1.5i0g objected to thts. and• said his money•was
•Nebills"?:Of. per rent. to him; ise wa, building boas., in •the
1/4;isssissierriel Assad, *lath yielded that pf'olit... 'We then
4.ereed i bat on Ilse tlfiffi of April he -11111tif ors saws Yd
.011;r4Aig Ifhati.cbtoined the money to pay My, ilia:hint ; 1
'pe.i...l had not; be asked me license and tak a cllAp' with
:EMI. and he- would ire-what be could do. ' I went And
eined With Ida. the subject of hops was introduced; he
Tl'.nrasmi Weelltinst toljected to purchasf; •he; howswer,
prevailed-ern awe tOluty.. '1 then adverted to the loon; .he
said hir tridles.t tier.isit were•l6 percent.; I hesitated but at
diet ire agreed. tile:lisiOcesl the terms Inteveleitife. pat
I.sVpa 7i.lWllla dealt; and told Md
el might go boe' and
p
!slat; kiny Aehts,• gave me i cheee'for3oot, and abaft! that
k t its • sold be drawn at six miinthe.:lerlpding..ftse hope,
• loan, and the interest. 1 received. Li cAsbL.,tok..the
.cterk . myself at Mastereatritc • in paresanceetithe recom-
mendation of air. Laing. -The account &leered on that
stiyifteldtied 1491. I Is. Id.f or-Imps:and 4221. lUD. as money
ilef/Witr filrlosing's Riad Writing. I believe the total stun
is., kesilktio try Mr..lables 'Laing,. Pe: I paid Mr. Laing
*si very.siiiiii snip of aisilot'l lit, butf do not clearly email:
. t He..then dreWthe ;three. hilts of ixehirhke prodneed,
rt,
~s iv ti- Aid! were all brought to me for accept:ante, and .1 ierepted.. An thiee havi been paid, Hoe eassfor
.4301.11Pa,.1d. dated the 254 b of April ; one for 1381. dated
..thelefit'sof kiiril; one for 1621. dated -the nth of !lay; all
Payable six months after date, 'vibe order of MI. Laing. I
pa 4 ill the hill& : . ~,...., 7.:,:,,z‘fc . • It, :• .
••sArAie,wilikips wait pea ARV** at. greatleseh by Mr.
Scoatp•rr.,-../le-admitted: •tbatAr. Laing had frequently
lA,;4lits. tnoawy, eisti• discounted bills for him, previous
to.tletctap.nsietion i, but denies; that they wade any pert of
Ao.fain trencid hy.the hills in question. On being mewed,
Ar. recolieeted .lb! eurn•wfsicli he had before. forgotten:—
I%aalipickpowledgestthut. Mr. Lsiog lent him 28111 s mete
obiroff IbelAile•heeitue dee. ,
,Proof Waskgi tat thaithafthecks by which Mr. Golding!.
g billswere paid. were duif honoured. . . ,
Confiritilhe itaisment of 3%r. Holding, Mr. eunuch
Itic
Woo bridge, :two of Isis creditors, were called.-7-
..k qpilud, ili.st afterthe action, was.commenced, they went
Jlayinsitatiee•of the defendant. to inspect le,r. books,. and
wessysrilownparticalars of what they sow ; but the :most
Amortise( menairandant . was not• made till afgrierirds:-
3/4 IV,oolbeiSign reoolleited An ohliteratiow,in the
.',liejec,„.sock•thought Eke botik „Sow produced br,tbe dr
feedant like it, but not die name ; to this, howevecibe could
stet Wear. . . . • , .
- ".. -itiOiet*Aiti:eri 14aielle ilsA,Tory fur the *detendant."He
.....
.mod: that in an *Well • . b*ltly penal, . the plaintiff was
lielfisl to. mike out his case la a manner the most plain,
—*.objeitisin hut it would Appear that he
-.Ad iI. himself, since he thosight it
14ilfereot wayswayi tepOi the record.
oda4 the Jury that, in order to
Sestet the usurious -bargain be
‘ peyerent made; and if the
(*defendant •Were *specifically
the .os/taint tad' neck, 'been
ilOl44-for...' Bic he' etintended
tee r te'a't the 131: *lo4'.''ailitist`be
bitirrsiitceloadthe airesnin, WltlrOnt
Vat ilisr Intunorr, of Mr."Otifitihg
tie'' rely out id sr rise WhVre
,sinii Name were reeilisiti. The
.n allowing his books to be inspected
.40onistis of infantile.; and they would •
,segree Rarely on sack esideneit*eattkep bath beard presume
...0 (ten CMINDAND/Velt,. if Ads '740-arse, expressed bit
,Atiarithe the stottsiwit ikat•to trades thadefentlant liable
be there peastiles, her mast setendly 'have ,Teceived Also
.*minus ist,rest ; its; if:tbe bills veto renewed; ler .i.
.ititietsY wearedvaneed iperefisAlly. to partireist;thatttliteree
tillailkolt pail r hat t• gtuserallOter-bettriesiallit smile pithelleb
tyiguairusek'utke rekocalta! out of!thr stite4e; ,- Hilrft: the
wedletsrlestion te rive•lianele. of, tieriAlasy. ..liatietierk,tias
they would nor find a itentict egotist the sl:f4aoaist Inks'
they were satisfied that the charge was made out against

ion
Int
hpparet.
The prosicuti
tleman's family residing et Sydenbant. la the evening of
the 31st of July, site took a place, at the Elephant bed
Castle, on the Sydenhim coach, to go home from Loaden.
She wies put inside, there being no other panengers. In I
the course of the journey ;winner was alio put into the
Coach ; they, fell into converehtiott, and the proventrlit
14.41 communicated to the prisoner whither she was
jThe ininner 'told her that be was a relation of
I her master, and said he would he happy to se* her home.
to which she readily assented. They were put down ow
Sydenbani Common, Rome distance from the house: Ste
'took hold of the prisoner's arm; relying upon his kited'
.protection ; he prevailed oponter to take a abort cut neves
the Common, instead of coittleulng en the high road; in'
shout "ten minutes' the prisoner stopped, and suddenly'
seized her by the 'boulders behind, d—d her•eyes; sod
said thin, if she made an alarm, he would butcher her; I
he then 'snatched her bundle out of her kande, anil teat
her with it about her bead two or three time; id addition•
to this violence he kicked her. and tried to throw her
down. The proseentrix cried out murder! two or three
times, and two of the Bow Street horse patrols came to
her assistance. and she told them of the prlsoneee conduct
In the presence of the p!ttrole, the prisoner beat her again
and kicked her ; the prisoner.ran off with the bundle ; but
in about two hourt afterwards he was taken in his bed at
his lodgings in a public house at Sydenham.
The Boar Street parole corrotiurated the pronentriz's
statement, as far as they had observed the transaction. It
appeared to them that the prisoner was quite sober at the
time.
Several witnesses gave the prisoner an excellent character
from his youth upwards.
Mr. Justice PARK 'amused up the evidence for the Jury,
and they immediately found the prisoner Ouilty.
Sentence of deathwas recorded; but the Learned Judge
held out hopes of mercy to the prisoner, owl account of its
previous good character.
Amy Clifford, a young woman, was capitally indicted.
under the st.tute for cutting and stabbing, on the 10th of
Oct. lest, in the parish of Ashford, one Sarah %Verger, with
"latent to do her some grievous bodily harm.
Tbe prisoner was well dressed, and there was a peculiarly
mild air about her. .
Anne Houghton said she lived at Ashford. On Sunday
the 10th of October last, witness remained at home from
church, and had occasion to go to a pump for water near
Mrs. Wurger's house; she met the prisoner in the passage,
who ' asked if she thought the Wurgers were at hotne.
Witness 'said she did not know ; and the prisoner then
went and knocked at the door. ales. ?Purger opened the
door, and witness saw the prisoner .go in. She then
heard some high words inside, but cant say to whom they
were uttered. Mrs. Wurger is the prisoner's sister. Wit-
ness heard the latter say what is it you have been saying
about •sase ?" Witness heard no answer, but in about five
minutes beard some body m violeatly. She fan and
called to her Mother far assistance. • • •
Elizabeth Houghton, the mums allsidielto, said she
remembered, being called to no the Sunday in-question,;
when she went to Warger's house, 'Mrs. %Verger came
running against her, with her bautrbleeding in a dreadful
manner.
Dorman, a deputy constable, said, that being attracted
by the streame of the woman, lie came to time spot. He
found -.Mrs. Margie with her haiiiis mend wills Mood.
The prisoner was wrapping.ep two instruments in a blue
handkeyAlef, which *lmes' could see were covered with
blood ; 'these Were i bill and'a large hammer, lie took
them both from her; asked her what she had been about:
when the' prisoner replied, why do they always find
fault with m-? They never leave me alone whether
lem here or not." The prisoner has lived* servant with
her father, whose house is three miles from the prose-
cutor's.
Cross-examined by Ur. BOLLAND.—These were all the
wads the prisoner used. She seemed dreadfully ogitaledi
land in a state of trepidation. Witness could nut say that
she was insane, though she seemed quite unconscious of the
crime she had committed.
Sarah Wurger said she was the prisoner's sister. Recolleeta
her staying at home after the family had gone to church On the
Sunday in question. Ahont half past tell heard A knocking at
ite door, and opened it' without looking out. The pri -ono!
was there. Witness did hot Rik her in. She asked if witness
was alone, and witness replied that they were all gone to
church. She then said, " How comes it that you are always
abasing me to my brother?" Witness said "I nave any-dinner
to get ready, and don't wish to have any words with you."—
Witness then went upstairs, but the prisoner followed her into
a bed-reom ; she knocked witness down with a great hammer,
and wounded her in a dreadful way in the hands with the bill.
She be no doubt that h-r hands were cut with a sharp instru-
ment. 'Witness made a struggle, and *with difficulty escaped ;
hat cannot say whether she was followed by the prisoner
Of not.
Cross-examined —Witness is older than the prisoner at the
bar. Denies that she had ever in fact said any thing of her to
her broth. r. Teensy years ego the prisoner had a brain few.
but witness married soon after, and hes had but little inter-
ecurse with the family since. -Her mind was erected: by the
fever, and site was reputed to be insane by the farnityr. Fur
weeks together she would absent herself Awn her meals, and
Sit moping in a dark room up stairs. Witness had not seen
bet for twelve months before, and when she entered the room
she had en Instrument in each harid.
The prisoner was now called upon for her defence, Win-
stead of applying herself to the charge for setich she was at
the ter, she poured forth a volume of abuse, in a iterrledMan-
Der agalest Wurger and his wife.
Mr.Seudainore was then called by Mr. Dissa.anwee-Ite said
he was a physician, and had attended the family of the prisoner
for some years. in the year tiIOSI she had a brain fever, which
left her mind for some' ears afterwards in a weakened and de-
pressed state when agitated by passion. She was net under
I the Influence of her reason.
' Mr. Justite Pang-0.1 ! you roast drive es some particular
tenors of aberrations of intelleet.•
Witness said Vie used to miterneeire the instructions he
-gine her very often, and her cow...ratios was iiraotterent.
Could not say that she was unable to distinguish right
from wrong.
• 61r. Justice PARK—WeII ! 'if this doctrine is tarried
eery far,. we %ball all have our throats cut, and then it
will be said, that the murderers did not know what they
'did-
• The witness in answer to a question from the Court, ad-
mitted that he had never told her father, that she ought to
be watched.
• The father of the prisoner also spoke to the wool(
*state of her mind. He pottered her, however, to go
shoot his house, and .slie did the principal part of the
nonaehold no*. lie sometimes locked his lied room
I door through fear of her at night, but took no pains
to prevent her front doing mischief to his Majesty's sub.
jects. •
• Amy Ware, an obi -domestic of last witness, said
she isas always afraid the primmer noutd do herself!
harm.
The bill and hammer were then produced. The former
was that instrument getwrially used by farmers.and having,
-01114 be mains. of iihrod upon it, loot •sl monlaghtful.-1-
rho hammer rase( usatual sis-, in shape like those uo.
by • • ..
Winger, i 6 hashind of the prOseelitrix. Was then pet
into the bus, bat as soon as the uuliappy privona recog

VDU'

' of tits trettst ttitut objeiticin •
- . . ,erst:.
_aA 1 , .
i,,t elettrit ools 11 1, t
icuitaty to spite, it ist 211,4iffe.
ire !elicited tottasel irtioto424l
..ituitairt this action, not only 114
tlf:ripie
Arhiltd :a:eV:4,4714
-IFht iAllif 'Eh
' traP? •-i
f • eir it eve& fruit&
114 41itil ticiratitOftl. Tier f
' ' i tOrilySit bliittt
!iifigpihgLerly't ihtd 'that 't
• Wis fi,(*Vvro Win lb; Watt t
tilt tileiit igen ric y hfilsies lin
'angina it Mr.-10ttax.itt illem
tisilltilfestod. the conschtisittis i
--

. ,
..,••• • -......... -_-_- ~•- - ..- .. • .. . . rim,
.8,1„47E0441444- . .. ._....
_._
......„,,..7.,,.
.-...:,,, -:
..................._
mixed istm thouub the ad" - WI/daily calpi,up to that jinn
riguaspay. • • int; loot that if they weir's' SO iiiisfieti, they wosid , not , ' • . with ..• ..•• . .-, -•- • . .
. . Whitt frogs Oftpeefcitininei of their skiff. time, the was seised a . 'latent .papsyssa or rag...so
.
itfejat jarivel : Th. Jury. retired fors*. coms,kiikie tie, octswiiimait list.ths poler'sittendinss thotsg/at .it aecereary. to inter., • .
'• ' • 'is .TOrd'let foe the pilintift, for
tile amoaot Of the palisade's, "a• M Judg•• Inkurwar." "P"wd them, and suffered lell
'kg. •' • tlahned--4001. ..‘ .... : • . ~.. , et to exhatisa herself, that her disdain might be evidence .
. . 'tor the Jury. . . 'aeirie Ire
,se for tie plain- • stir *itntateCSBl2lCi-..-ifiliaTons. Dec. 17, _ Mr. Justice Pali said this sort of defence wow always Holborn._ was
,
.1% lIVI •as Will* i' • Abets Vile', wits indicted' for istarldikAni Rockall haspicioes but in the present casi *era timid be io' of No. 6:, in t
doubt.' 1 Stria& disuse
alit al- slich*Mit.... IWO* Xleit's htithvc,ay. on . the Stet Jull,: Ind tabbing the Jury &uplifted , bet es .the ground of insanity, ' deliveiesi to b
O. litadat,the #l.Ol Ifer of a bindle., containing varlitiss artiees of wearing
bat been draWn 6„1. .
soil tbe Learned Judge time directed that she should. who drinaudei
!*,r srarions indorse- : ,
...... i---.. i......... .- . . •.• '. e__._...---. 1. .1.4. ...beim., nf. - 12
The prosicatrix states! that the was servant in a gin; lbenlutlept. in safe custody meta his. Msjesty's pleasure was and porterage.
that demand s
.......ww•weseeme • 'deposed. tit O