The Statesman.
London, England, 1823-10-20 00:00:00

• nietSWABEY CAI IldoW-lONS QUASHED.
• --woo&-- •
KINGSTON SESSIONS.—SATURD,IT.
The several cases of cenvictiun under the Vagrant Act
by
•Maturice Sivahey, req. were appealed against before a
teach of Magistratse. The greatest interest was excited,
mud the result may be considered a very fair comment upon
the opinion of the Worthy Magistrate particularly con-
cerned upon the merits of his own proceedings; neither
Mr. Swab'y himself, nor any ore of the wit whom
he was called upon by law to bind over to appear against
the parties convicted, e as to he seen in the Court or in the
neigh bourhood.
The first case called, was the King v. hook, which was
an appeal against the conviction of Maurice Swabey, Esq.
one of the Magistrates of Union Hall Office. The ap-
pellant is a respectable man, a resident of Walworth, who,
on the night of the 10th of August, upon returning from
the Cite, and walking along the Borough Road, met one
Mrs. Serrit, with whom and with whose husband he was
intimately acquainted. He prevailed upon her to go into
a public house in the Borough Road and drink something,
atter which they walked on together, the appellant being
n little affected with the liquor he had taken in the coarse
of the evening. having some occasion to be private for a
abort time, he desired his companion to walk on a little, and
she had separated from him a few yards, when a watchman
approached, seized them, and swore they had indecently
exposed themselves, and dragged them off to the watch- •
house. Next morning they were brought before Maori- zit
Swabey, Esq. who rave implicit credence to the watchman,
and committed the appellant and Mrs. Merrit to the House
of Correction as rogues and vagabonds, there to work
with all descriptions of malefactors et the mill. The ap-
pellaut, however, immediately entered into recognizance*
to appeal against the conviction, and accordingly appeared
in Court with his Solicitor, Mr. Lag. of Union Street,
and supported in his appeal by Mr. Triessiosa, the
Barrister.
Mr. Lee proved that be had served notice of appeal upon
Maurice Swabey, Esq.—The Bench having waited for
some timeoliat the. witnesses for the Conviction might make
their appearance, asked whether any one appeared to sup-
rod the contraction?—Mr. THESSIOER: No. There is no
pee sty to be shared. There is nothing to be got by
coming here.—The Bench. What i are not the witnesses
here? —No answer.—Mr. Lex : l fear the Bench will have
to decide With Out the presence of the watchman.—Tbe
Berich (o Blom: an observation on the merits of the case):
The conviction is quashed.
THE KING p. Many MICERIT.—This appeal arose out of
the foregoing rear. Mr. Lee, proved the service of the
notice on Maurice Swabey, Esq.
The lisecti: " Is any one present to support this
conviction ?"—Mr. THESSIOER: "No; it must follow the
other.'! •-
-The Basco. " Does not the Act require that the persons
whose evidence convicted before a Magistrate should be
bound (woe to give evident e in eases of appeal?"—Mr.
Lawson (Clerk of the Peace): "The Act is imperative
upon The Magistiate who convicts to bind over those on
sv hose evidence Ise convicts, to appear at the Sessions when
the order is appealed against."
The Ileoce : "The conviction is quashed."
Tue KING v. Haao.—This is the celebrated Waterloo
Road case, upon which Maurice SWabey, Esq., presided,
and which closely resembled the above described. Mr.
Leo prdeed The service of the notice. The Bench paused
for some time, in evident expectation that all the cues
would not be yielded up without a struggle. if not upon
the spirit, at least upon the letter of the obnoxious Act.—
Lawson looked round the Court and said, " Does any
cote appear in this case?" .-No answer.
The Biome : The conviction is quashed.
THE KING V. etaisoo.
This was an appeal against a conviction by Maurice
Swabey, h:sq. before whom the appellant was charged with
being a rogue and vagabond.
Mr. Lawson : Who appears to support this conviction ?
Nobody answered.—Mr. Hope, the Assistant Clerk of the
Peace: Is no person bound over to prosecute? Mr. Theo.
sigeri " No doubt the Magistrate being by the terms of the
Act responsible, has bound over the proper witnesses.—
Two officer', named Clarke and Blackman, said, "'We
were ordered by the Magistrates of Union-ball to attend on
this case.
The Bench again appeared in amazement, and at a loss
in what manner to act, and asked, " Is there no Counsel ?"
—The Officers: " We were only ordered to attend ; we
know nothing further. Mr. Tbessiger. " Those per-
sons do not come before the Court in such a way as to
be capable of giving evidence; no doubt the Magistrate
that commits is bonnd by.tbe Act toprosecute the prisoner."
The BENCII.--" We will proceed with the case." Mr.
Lee then proved the service of the notice upon Maurice
Swabey, Esq ,and said the conviction was not maintainable,
any more than any of the rest.
,In answer to questions from Mr. Thessiger, Clarke said
be, was hound over at the time of the conviction, and Black-
man said lie was bound over about a fortnight after the con-
viction.
Blackman's evidence stated that lie was conductor of
tl•e tow-street patrol; that on the 19th of July be at-
tended at the laying of the first stone of the Infirmary in
Waterloo-read, and while he was standing near the Duke
of York, he saw Gibson among a crowd of people, and
knowing him to be a reputed thief, apprehended and
searched him. In Gihson's pocket he found a pair of scis-
sors he suspected were intended to be used for the purpose
of cutting pockets.
Cross-examined by Air. Tonsicaa.—Had not the scis-
sors now to produce, for they were given up at the Cone of
the examination, by the direction of Maurice Swahey, Esq.
Did rot know that Gibson was a licensed hawker, but be-
lieved that lie had been in the duffing business. Gibs. n
slid not say at the time of his apprehension, as witness recol
le.oesi, that he was an assistant to his mother in disposing
cf linen about the country, and that be used the scissors on
such occasions.
By the fleece.-Witness found nothing else upon th.
prisorer of a suspicions nature. Gibson was amongst the
ctowd, and nobody sae with him, and be was there like any
other person ; slid not see him, and he ivas there like any
miler person; did not see him attempt any thing, but Moll
him into custody, knowing that he kept company-with re-
puted thieves.
Clarke, the officer, said he had been examined at Union-
Hall by Mr. Swabey, at the time of the conviction; and he
then Stated that lie knew Gibson from having ;seen him in
bail company; but that he had never seen him an custody.—
He knew that Gibson had been hawking about goods with
his mother. •
'This was the whole of the evidence on which the appel-
lant was convicted before Maurice Swabey,
Mr. Tinessiosa rose.
It became p .culiarlY his ditty to allude to this conviction,
for those which preceded it were unsupportable, and there-
fore abandoned as unsupportable. Within a few months
an Art had passed the legislature, giving extraordinary
powers to the Magistrates, who before the passing of that
Act had been possessed of powers of greater magnitude
than was• consistent with the liberty of the subject. Mr.
Thessiger then proceeded to comment on the evidence, and
• said to the Bench. " Now, gentlemen, perhaps it happens
Cat Some one of you may have a pair of scissors in his
..porket.. • If the he the case, particularly if the scissors
have theatli,l:llhave you take good care that you.are not
• 'seen 10. bad company ; for if you are, von certainly will he
.taken before Maurice Swabey; EN:Magistrate of Union
He Oflicef and as sorely convicted Of being a reputed th of
(.► heels on tba Bench). The conduct of Maurice Swa-
oett,',Esq., was, how,ver, unaccountable, and incomprehen•
bible in other respects! He had ordered the scissors, the
chief evidence of guilt, with the sheath, to be delivered up
to his prisoner, although lie thought the bare possession of

INQUEST: BRIOGE WATER COMPANT.—AiII inquisition
was taken on Satorday night, before Mr. Siittirox, at the
sign of the Duke of York, Borongh-road, Southwark, on
view of the body of William Parker, aged 23. It was de-
posed by John Boys; of 14, Plough Street, Whitechapeli
carpenter, that, en last Friday afternoon, deceased and
hiniself were working at a bench on the ground It of a
new built house, No. 1, Melton-terrace, Borough-road.
About ten minutes before this occurrence, the deceased and
witness reversed their places of Tending at the beach, and
shortly after they heard a cracking noise ; the walls of
the house collapsed, and the roof and flours fell in. They:
were both buried beneath the ruins in the cellar; from
which witness, though Much bruised, extricated himself;
but his companion, when dug out after the lapse of outs
hour and a half, was pressed flat and lifeless. Witness
believes the house was substantially built, but either
from the bursting of the water pipes, or the stops-
page of a drain, the cellar was overflowed; and the
lodgment of • water had sapped the foundation of the
house, and occasioned it to fall.--George Cox de-
posed to finding the deceased jammed between two
floorings; suppo his death must have been immediate;
bad heard persons say the house was slightly built, but
thinks the water having soldened the foundation was the
cause of the accident.—Jurors: There is no good founda-
tion for houses in that part of St. George's; toe quicksands
on which the houses are built imbibe and retain water, and
cause the foundations rapidly to decay.—Mr. Barker, the
proprietor of the premises, said the water had been two
feet deep in the lower part of the house. He had given
notice to the Water Company to drain it off; " but" said
this witness, "if one pipe is stopped, another .bursts
immediately." Witness lied examined the building
on the morning preceding the accident; and there
was no appearance of instability in the building. Tne
story posts were ten inches by four, and the whole
front measured only 15 feet. He should sustain, by
this accident, a lu-s of at least 2001.—TIte Coroner
declared he slorild be afraid to lire on the spot.
He hoped the last witness would inform the proprietors
of the Bridge IVater Works, that further damage
was likely to be sustained from the continuance of the
water in the lower part of the premises.—Witness: t have
given notice to that effect, and all they say is, that they
will send the first man they hare disengaged to remedy it.
—Coroner : Send them a written notice, and tell them
therein, if they do not remedy the complaint, you will hold
them liable for any future (Linage sustained, and you will
find they will attend to it. I think, in point of law, if
they had legal notice of this before the accident, they would
be liable fur the injury done to the premises. As for the
death, the cause of which we sit to investigate, however
lamentable, it must he deemed an accident.—The Jury.
without hesitation, returned a verdict of Accidental Death.
One Juror wished to add, as part of the verdict, " occasion-
ed by the neglect of the Water Company ;" but the Core.
per, for obvious reasons,
.declined adopting the addition,
and it was immediately withdrawn.
INQUEST ON MRS. MAITI.AND.—II) the account of the
inquest on Mrs. Maitland, the following should have been
given as the terms of General note:—" I hope
the change of air has been beneficial to your mother, and
produced permanent stability of strength. I offer any best
wishes to her when you write." The above are the very
words of the note. 'there is nothing in the note about
baring seen her mother the preceding day, as stated it the
newspapers, neither was such the fact: the mother being
at Bristol, and General Maitland in London—not bavisg
been to Bristol these ten years.

ht.t ititlMO.--On the 13th inatant. at V annoutti.:Nertolk. Paigrave. Bp.
of the least Tamp* to Elizabeth, dale hter of Dawson Turner, Esq. Of Tar.
mouth.
On Thursday, the 16th listsnt. at bishop Wsarmouth, Laneenes Jopees
Marshall, eldest *up of Sarno •1 al arahall ZEsq. of Dalstoo. Middlesex, to Jaw,
only daughter of Bernard Ogden. live. ut the former plan.
DIED.—Un Monday, after three days illness, at littrewood How% aged
Si, the Honourable Frederick Lunches, silth eoe of the Earl and Countess
of Durwood. •
On the lith inst. at hia house at Croom'a-hlll. Greenwieb. T. Smith, Esq..
of Cooking, in the county of Kent.
Ow the Ilth of Auguit, at La Ouayra, in the rtb yew of his site, after
three dayi awee o. the yellow fewer, W. 1.. Herneassis. Esq. late ofTatuess.
in the county of Devon, and purser of the Venezuela frigate, in the service of
the Colombian Republic.

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Domes it place*, xxer.—Hun. •• • -
Tby house, and (in the cup of life,
That honey-drop) thy pleasing wife.
SOCRATES, by his Discourse on Marriage, so en-
raptured his auditors with the subject, that the
married men flew to their wives, and the bachelors hastened
to be wedded; and "The Spectator" his affirmed, that the
word " wife" is the most agreeable and delightful name in
nature.
The sacred institution, then, of marriage, compasses the
desideratum of onr enjoyment ; teeming not only with hap-
piness on earth, but disposing the soul itself to harmonize
with bliss hereafter.
Previous, however, to entering into this hollowed obli-
gation, it becomes an imperative duty, not only to regulate
the passions, but to cleanse the grosser nature from those
impurities which the freedom of unrestricted p 1 may
hate entailed upon it. To the neglect of such attention are
Attributable, many of those hapless instances, which. while
they excite the commiseration of the beholder, should also
impress him with the fear of self-reproach.
Luxurious habits will effeminize the body—a resideneela
the tropics will relax the elastic fibre—but more especially
does the premature infatuation of youth too frequently coal- .
promise the natural dignity into a state of inanition, from
whence the agonized sufferer more than doubts the chance
of relief. To all such, then, we address ourselves, offering
hope—energy—muscular strength—felicity : nor will oar
advances appear questionable, sanctioned as they are by the
multiplied proofs of twenty years successful experience.
The easy cares of .married life are sometimes disturbed
by the suspension of those blessing+ which concentrate the
nuptial wreath—for the female habit is often constitutionally
weak—yet it can be strengthened, and deficient energy itn-
-Ipr ved into functiotial power.
n every case of syphilitic intrusion, as well as in every
relaxation of the generative economy, we pledge our ability
to cure speedily, and with effect. Earnestly solicitous to
expel the unfeeling empiric from the position so presumpts-
ouply token up, we deviate from general principles with
tees hesitation; and confident in our own honourable inte-
grity as Members of the College of Surgeons,. werefer the
suffering community of either Sex (especially those Wir-
ing Into matrishonial life) at once to our houses, where daily
attendance is given for personal cousultation • and, letters
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' ' GOSS acid Co. M.R.C. Surgeons,.
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London : Printed and Published at the-0111m No. OD, 8010,
by R. WARDELL. LL.D. Proprictet.

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