The Statesman.
London, England, 1823-06-28 00:00:00

THE STATESMAN

below, through which several persons were at that time
passing. He took her into the room again, however, and '
threw her down with such violence on the floor, that she
has never since quite recovered from the effect of the
bruises she sustained. The other articles of this libel
charged various other acts of cruelty, such as Ley's
catching bold of his wife by her throat, and occasioning
a tumour that had formed there, in consequence of his pre-
vious violence, to increase so as to occasion her extreme
pain and anguish : his adulterous connexion with a wo-
man named Foster and other females at Gravesend ; hit
employing a man named John Scott, at Gravesend, in
1821, to abuse his wife in the streets ; his kicking her,
and pinching her neck so violently as to tear the flesh,
&c. To the libel were annexed the usual exhibits, prov-
ing the marriage, and a letter, marked B. from Ley, to a
friend of his, a clerk in the Excise, in which sours allu-
sions to the woman, " Mother Foster," to his wife, and
to " his loss," were couched in language too profligately
obscene and filthy, to be noticed in any more particular
manner.
Sir CHRISTOPHER ROBINSON directed the libel to be
admitted, upon au understanding that the 4th, 7th, 10th,
and 17th articles sbonld be reformed in certain points of
the plea, as suggested by the Court, and that the 16th ar-
L ticle should be struck out.

MIDDLESEX SESSIONS.
PRINCE PAUL ESTERRAZY.
Yesterday, Mr. BOLLAND appeared on behalf of the
King, in the case of Prince Paul Esterhazy, Ambassa-
dor Extraordinary and Minister Plenipotentiary from the
Court of Vienna, against Viva MARIE DE BETTEIA,
praying the Court to detain the prisoner in custody un-
til the ensuing Sessions. The Learned Counsel said he
held in his hand four affidavits • the first was that of Sit
Richard Birnie (made on the Bench), stating that on the
otb ult. Mrs. Percy. the wife of Mr. Humphrey Percy,
of Charlotte-street, Fiteroy-sqnare, appeared before him
at Bow-street and swore ao affidavit.
Mrs. Percyls affidavit stated that a few days ago she
board Mons. Vite Marie de Bettera, who lodged in her
house, complained much of the ill-treatment he had re-
ceived from his Excellency the Prince Paul Esterhazy,
In not paying him his just demands, and that if he were
not settled with, lie would take his pistols, and first
blow nut the Prince's brains. 'and afterwards destroy
himself. These threats the prisoner expressed in such
passionate language, and with many oaths, that the de•
ponent verily believed the Prince Esterhazy's life to be
in danger from him.
The third affidavit was that of Mr. Wright. a medical
Gentleman, made yesterday, stating the indisposition
of Mrs. Percy, and from her being now in the last stage
of pregnancy, it would endanger her life to come into
Court to give evidence against the prisoner.
The last affidavit read by the Learned Counsel was
that of Prince Paul Esterbazy, which, in substance,
stated, that from the violent manner of the prisoner.
his constantly annoying him, and from the statement of
Mrs. Percy, be verily believed his life to be in danger.
Mr. ADOLPHUR asked the date of the Prince's afliiavit.
Mt. BOLLAND answered, the 7th of 31areli last.
Yes, said Mr. ADOLPHUA and upon that affidavit my
client was taken into custody, and bound over to keep
the peace towards the Prince, himself in 400!., and two
anreties in 200/. each ; and although the Prince received
no annoyance from Monsieur De Betters from that time,
my Learned Friend comes forward and modestly claims
the detention of this gentleman for upwards of two
months. As to the affidavit of Mrs. Percy, it appeared to
amount to nothing, for how could she understand the
blustering of his client in Germain ? The affidavit of Mr.
Wright, the surgeon, was worse than nothing. In the
whole course of his practice be never read or heard of
such a request being put forward upon such affilavits.—
The Learned Gentleman, in stron4 language. asked why
the Prince Esterhazy bad allowed a whole Term to ex-
pire without applying to the Court of King's Bench ?
Surely Mrs. Percy was not so ill but she might during
the last Term have gone to the Court above, and made
the necessary affidavit. Bat that would not answer the
purpose intended by the persecutor of his client.
Mr. HOLLAND was about to account for articles of the
peace not being exhibited against Monsieur de Bettera,
but he was interrupted by
Mr. AnoLeitus, who requested the production of the
commitment.
The CHAIRMAN (Mr. Bevil) said that from the whole
of the case, as stated by Mr. Bollard, no satisfactory an-
swer was given to the ptlsoner's Counsel for articles of
the peace not having been exhibited during last Term ;
and certainly upon the affidavits exhibited, the Bench
would not be borne out in detaining the prisoner in gaol
till the next Session.
Mr. HOLLAND did not require that Monsieur de Betters
should remain in prison for two months, but that he should
give new securities upon his commitment of the 20th May.
Mr. ADOLPHUS took a general view of the whole case,
arguing from the Laws and Constitution of England, that
nothing short of oppressiOn somewhere could have kept the
prisoner in gaol from the 20th May until the present time,
when he had clearly shown that on the 7th March he entered
into sureties towards the Prince Esterhazy, and that not
even the shadow of proof was offered of committing in any
wt y a breach of his recognizance.. The prisoner was com-
mitted to the Sessions. Here he now was, ready to take
his trial; why did not his prosecutor come forward like a
brave man and prosecute? Did Prince Esterhazy suppose
that England was filled with Bastiles, as other countries
which might be mentioned? He would tell that Prince, that
be nor all the Princes upon earth—no, not our Lord the
King, could keep his client any longer immured in a prison.
The Learned Gentleman concluded by requesting the imme-
diate discharge of Mons. de Bettera.
Mr. Manic, of the Treasury, who sat on the Bench, in-
quired the practice in such cases I—He was answered, that
it depended on the Bench whether he would be discharged
now or at the end of the Sessions.
The CHAIRMAN said, he would, us a matter of course, be
discharged at the conclusion of the Sessions.
Mr. ADOLPHUS remarked, that if his client had bees 6
common individual, he would have been forthwith die- I
charged.
The prisoner was then removed from the Court in the cus-
tody of the turnkeys.
MIDDLESEX SESSIONE.—Ii will be in the recollection
of the Public, that on the 2d ofJ one, the Ren.W Brown,
was committed by the Magistrates of Bow-street, on a
charge preferred by two soldiers of the 3rd Regiment of
Foot Guards. We have now great satisfaction in men-
tioning the complete failure of their malignantaecusation,
as the Grand Jury ou the Ist thy of Sessions rejected
the bill of indictment.

OLD BAILEY.-JULT 27th.
-rm..-

Mary Davage, aged 40, was indicted for the wilful
murder of Mary Davage the yoanger.—The .prisoner
lia(1 been committed on the Coroner's Inqnisition ; hut it ,
appearing that the certificate had not been signed by
all the Jurymen, the Learned Judge Holroyd, declared
it to be bad in Law, and that the charge against her
could not be supported. The Grand Jury bad also
thrown out the bill against tier. both on the charge of
Murder, and Manslaughter, and therefore they could not
proceed to trial—She was immediately discharged.
John Page was indicted f.,r killing and allying
Benjamin Evans, in a pugilistic contest.—Mr. Henry
LW, the Surgeon, who attended the deceased, nas
called upon his recognisance. and not appearing the
Court directed the Jury to acquit the prisoner. Mr.
Justice Holroyd observing, that the testimony of that
Gentleman was the only evidence that could be re-
ceived. as to the cause of the death, which proceeded
from a cut near the ihamb, that
sproduced a lock jaw,
, he was censequently acquitted.

Eliza Brookes, was indicted for stealing a Silver
:Patch, the property of Elizabeth Ewer. The prisoner
(a very interesting young woman,) lodged it appeared
in the House of the prosecutrix.The watch in question had
been hung up in a back parlour from whence it was stolen,
but there was no pretence for charging the prisoner.
with the theft. The Jury, without troubling his Lord-
ship to sum up the evidence, returned a verdict of
acquittal.—On bearing which, she fell into the arms of
the Officers in attendance, and was carried out of Court.
Vt• alen gne Hodgson, aged 38, and Sarah Hodgson,
' alias Bailey, were indicted for stealint divers articles
of wearing apparel, the property of Thomas Morris.—
The prose: star is a Tailor, residing in Cow Cross. The
prisoners had lodged with him about two months, and
having reason to suspect that he had been robbed by
the prisoners, sent for Avis, an officer of Bow-street. who
searched the female prisoner, and found a duplicate, fur
a table-cloth, which proved to be the property of the
prosecutor, as also several duplicates, for wearing ap-
parel, his property,, pledged with different pawnbrokers,
The Jury acquitted Hodgson, and found Bailey Guilty,
John Adana was put to the Bar, on an indictment
charging him with breaking and entering the dwelling-
house of --• Harby, of Lincoln's-inn Gateway, and
ideating therein 25 watches, and other articles, the pro-
perty of John Parton, on the morning of Saturday last.
The Jury found the prisoner Guilty of stealing, but
not in a dwelling-house.
John Mackintosh, a watchman, was put to the Bar on
ao indictment charging him with stealing in the parish
of St. Margaret, Wistininster, on the ad of June, front
the person of Sarah Collins, a watch, and its appendages,
the property of Samuel-Collins.
The prusecutrix stated, that on the morning of the
day in question. she was walking near Hyde Park, about
two o'clock. The prisoner was on duty, and it being
very wet, she asked him if he would inform her where
she could dry her clothes, and get some refreshment.
The prisoner said he could, and took her to the corner of
Tattersall's yard, but the house was notopen. She was so
extremely tired, that she sat down on the step, and the
prisoner went away, and returned again about a quarter be•
fore four. He then offered to take her home to his wife. She
agreed to accompany lain ; but instead of his house he
took her to the Alinonry, Westminster. They went up
stairs, awl the a i toe ss not considering this place to be
what he bad said, asked him the reason; when he
replied, that lie lived at a public-house, awl she
would be wore comfortable where she was. She only
took off her gown, and laying down on the bed immedi-
ately fell asleep. Her watch was at this time by her
side, and the prisoner must have seen it when he helped
her to take oft her gown, which she could not do herself
in consequence of the wet. She awoke about en hour
afterwards, and found the prisoner and her watch gone.
He had not taken any money from her. She got up and
asked the landlady if she •knew who the prisoner was,
hat she said she did not know. Witness then went to
the watch-house ; and by means of a watchman and an
officer, the prisoner was traced to his lodging., where the
watch was form,!. The witness described herself as a
married woman, anal resident at %Vandsworth. It also
appeared that the prisoner had stopped souse time with
the prosecutris.
The prisoner, in 11;s defence, denied having taken the
watch with a felonious intent.
Mr. Justice HOLROTD summed up the eviddnee to the
Jury, who consulted for sometime and then retired. On
their return, after an absence of an hour, they brought
in a verdict of