The Statesman.
London, England, 1818-07-25 00:00:00

THE STATESMAN:

to take It on me. I am 10,0001. out of pocket
by it."
The LOUD CIIANCILLOR bad no doubt that was
the fact, and directed Mr. Evans to furnish the ac-1
Count in ten days.
Mr. Evans paid that would be impossible, as he
had. not received notice till after he had left town.
The LOUD CUANCELLOII.—Then do it in a fort-
night, if you can, or as soon as possible."
VICE-CHANCELLOR'S COURT, JULY 24.
WIIITEDORST AND ANOTHER V. DAVIES.
S. S. RoMILLY stated, this was an application for
an Injunction to restrain the Defendant from receiv-
ing the partnership debts. The Plaintiffs and the
Defendant were jewellers in partnership, but in con •
sequence of some differences arising between them, the
partnership was by mutual consent dissolved on the
Ist of January, 1817 ; at the same time it was mutual.
ly agreed, that the Defendant should not receive
any of the debts of the company, or discharge any
of its accounts. The debts due to them exceeded
50001 , while their personal debts due Ey them were
only 9001. so that there remained a balance of 43851.
in favour of the company. The Defendant had,
however, violated his agreemPut, and it became
therefore necessary to restrain him by au Injunction
from going on as he had done.
The VicE.CUANCeI,I4OIt —Have you published the
dissolution of the RI rinorship in the usual manner ?
Sir. S. RoasiLLY.•—Yes, Sir, it was published in
the Landon Gazelle.
The VICE-CHANCELLOR.—Then tike the, Injunc-,
tion, and take care to. let persolial service be given.—
Injunction granted.
TEMPEST V. ORD.
This case, which has excited public curiosity, is
now in the Vice-Chancellor's Paper on a different
point from what was before the Lord Chancellor.—
It will not be beard before Wednesday or Thursday.

ESSEX ASSIZES.

T
CHELMSFORD, JULY 23:

GROVE V. lIARDIRAN.
Mr. Cntrrir opened the pleadings, and stated,
that this was an action against the Defendant for
seducing the Plaintiff's daoghter per quod serrilum
auaisit. The Defendant pleaded Ike general issue,
Not Guilfv.

Mr. GUUNEY stated the case with mach pathos
and eloquence, the leading circumstances of which
were as follow :—The Plaintiff was a respectable
farmer, now in decayed circumstances, residing at
Warley, in this county, and the Defendant had been
a Captain in the 10th foot, and had served in the late
glorious campaigns on the Continent. The Defendant I
was a middle-aged man of forty, and some years
since had married.a lady of considerable fortune,u ith
whom, it seemed, he had lived for a short time, not
in the most perfect state of connubial felicity, for
after a cohabitation of short duration, articles of se-
paration were agreed upon, the lady being provided
with a handsome separate maintenance, and the Gen.
demon being left in possession of en elegant establish-
ment of house and domestics, the result of his for.
tunate alliance. The Plaintiff was the father of too
daughters, but ltis means were so limited that he de.
clines, all intercourse with his more wealthy neigh-
bours, although he had given his children a liberal
education, and so much were his circumstances re.
daced, that his children had become his domestic
servants. It appeared that the Plaintiff, at the time
of the unfortunate affair in question, was unknown
to the Defendant, and consequently neither had seen
the other at their houses respectively. The unfortu-
nate acqesintance which led to the seduction of the
Plaintitf's daughter commenced by the casual civilities
arising from the Lady and the Defendant frequenting
the same church. In the result, an intimacy was
formed, which ended in the seduction of Miss Grove,
and the birth of a child, es the fruit of connection.—
It was pressed as a circumstance of aggravation on
the part of the Defendant, that the seduction was
effected at a time when the Plaintiff's daughter was
labouring under a stale of mental derangement:. In
the statement of the case, it was admitted that before
the acqrraintanceship of the Defendant with Miss
Grose, the latter had the misfortune to experience
an intercourse with another person, who had accom-
plished his object by violence. Criminal proceedings
had been adopted towards that person, but the cause
of injury having been compromised by a suitable
compensation, those proceedings were dropped. This
circumstance was conceded, as a matter of which the
Defendant might make the most in mitigation of da-
mages ; but the feature of the case pressed most
strongly against the latter was his having taking ad.
vantage of Miss Grove, at a time when she was
labouring under mental derangement.
Miss Grove, who appeared to be a young woman,
bordering upon 30, stated all the circumstances of the
Defendant's courtship, anti her final ruin, which
produced the birth of a child, now living.
On her cross-examination by Mr. MAIRYAT, she
admitted that her first intercourse with the Defendant
was effected under very peculiar circumstances, too
indelicate to mention. She stated, that on one occa.
sion she received a pound note from the Defendant,
in church; and on- another, that she received two
bottles of Cape Madeira in the same place, which she
afterwards drank in her own chamber.
Mr. MARRYAT addressed the Jury with consider.
able ability and emphasis, on the part of the Defend-
ant, contending, under the circumstances of the case,
that there could he no difficulty in seducing a lady
who had gone through the ordeal of a previous vio-
lation, which had never been punished with the seve.
rity of the law.

_

The Jury, under the Learned Judge's direction,
foetid a verdict for the Plaintiff—Dtmeges 2501.

SALISBURY, JuLr 24.
....„,„......_

ELECTION RIOTS.
TUN KING, ON THE PROSECUTION OF THE CORPORB.
TION OF SALISBURY, V. THOMAS MACKLIN, HENRY
COLLINS, JAMEi MUSSELWHITE, CHARLES DREW,
AND JOHN HERBERT TEWKESBURY.
This was an indictment traversed from the Sessions
for a breach of the peace, and riotons conduct on
the first day of the Election for Wiltshire, in which

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windows of his house beaten in.
Mr. Serjeant PELr. stated the case for the proses
Winn. He said, that although on such occasions
allowance -ought to be made for the effervescence of
public feelings, yet this was a case attended byso
many aggravated circumstances that it would have
been improper to hate passed it over. Mr. Tinney,
no one could doubt, was an able and zealous sup.
porter of Mr. Benett, but he had not passed the
boundary of discretion. The evidence which he
should have to lay before the Jury would show them
that on the evening of the 24th of June, about twelve
or fifteen persons followed two of Mr. Tinney's
clerks from the "%Visite Hart, where Mr. Benett's
Committee sat, to Mr. Tinney's house, and were in-
sulting them. The crowd gradually increased to
nearly two hundred, who were extremely clamorous
in crying, " Wellesley for- ever ! No Benett !"--
M. 'Finney came out and requested the mob to dia.
prise; and on the refusal he attempted to seize Mack-
lin, who appeared to be a ringleader, but was struck
on the head by a person from behind with a
bludgeon, and taken into the house senseless. The
fact of the riot becoming known, several special con-
stables were dispatched, but did not arrive in time to
prevent the demolition of the windows Mr. Tinney's
.house. The constables again urged the mob to disperse,
and on a further refusal they took several into custody,
among w horn where the present Defendants. The blow
which Mr. Tinney received was of so serious a nature
that it might have proved fatal, and all the Defend.
anti might have been legally considered as` guilty of
murder. However, he only desired the Jury to con-
'grief of the riet and assault, which they couldot fail to.
Mr. Justice Pass~—" Brother Pell, there can be
no doubt they would be guilty of murder."
Mr. Serj ant PELL hoped that this would be well
understood in future by such as were disposed to em-
bark in transactions of this disgraceful kind; that
they—would reflect that zeal had its limits; and that
private wishes must be expressed and acted •upon
under the restraint of the law. He was quite certain
that noire of the Prisoners bad acted under the sanc-
tion of any of Mr. B.'s competitors, and he was also
certain that none of the Defendants were qualified to
vote, consequently they must have gone upon the
impulse of their own evil di3positions. 'Whatever
might be the individual opinions of persons, neither
those who were Candidates for a seat in Parliament,
Isar their agents, ought to have their lives put in
danger. The Corporation who now prosecuted,
sought only for the preservation of public tranotfl-
lity, and it was anxiety for that alone, which induc-
ed them to seek punishment in the presept hivatice.
Mr. P. M. Chitty and Mr: J. I'eru Tirinee spoke
to the facts of the risk in the sante terms stated by
Mr. Serjeant Pell, as did also two special constables,
and Mr. James Sutton, a Member of the Corpora-
tion.
Mr. GRANT addressed the Court and Jury on the
part of•Cha ries Mew, and contended that upon the
evidence his Client must he acquitted.
Mr. Ni ERE WETHER then at considerable length, and
in a speech which displayed a very great portion of
ingenuity and argument, urged that his Clients must
he acquitted, inasmuch as Mr. 'Finney's own conduct
its attempting to seize a person in the way he did,
provoked the riot.
Mr. Justice l'aest slammed up the evidence, and ex-
pressed his opinion that if the Jury believed the nit. •
nesses, they must find the Defendants guilty.
The Jury, after consulting some time, found the
Detention's Guilty of the riot, but not of the assault.

Mr. Justice PARK observed, that if the Jury found
the Defendants guilty of partaking in the riot, they
must also find them guilty of the assault.
The Jury again consulted, and etquireti if they
could find a verdict of guilty against Macklin, who
was taken with a bludgeon in his hand, and acquit
the other. Defendants. On being answered by the
Learned Judge in the allirmative, they returned a
verdict of_Guilly against .'Macklin, and acquitted the
others. Mechlin was then sentenced to one month's
imprisonment.