The Statesman.
London, England, 1820-05-30 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BF.NC4I, Guo , MAT 29.

lODINE r. noLvntsr.ss.

This was an action upon a bill of exchange for
1.1400/., drawn by Elijah Mills Eli, at Paris. and :• -
eristed by M . liololensess and Co. of London.
he ground of defence was, that the bill in ques-
tion had been delivered by the drawer to a gentleinan
oh the name of Cowereau, who bad negotiated it at a
time when it ought to have been considered as can-
celled. This defence, however, was out wade out, and
tl:e Jury found fur the plaintiff.

TIIE KI F. Willt EMORY.

The pleadings in this case were opened by Mr. Cra-

V • • P.

It W2S an indictment against a girl of the name of
Hannals Whitehorn, charging her with being guilty
wilful and corrupt perjury, in evidence which she
glee against Captain Samuel Mills, in a trial at the
11..1 Bailey, in Septembn last, v hen that gentleman
e:., upon his trial, for having cot' ;;;; itted a rape upon
I at his house at Chelsea, in the preceding July,
a,l upon which occasion Captain Mills was acquitted.
Assignments of perjury were now made upon different
a!'egations in that evidence ; and upon the truth or
f.t4;ty of these the case turned.
Mr. ScAWLETT, in addreasing the Jury, observed,
l'at perjury, though an offence richly deserving
paniahment, was one hard to be established in every
.se, and particularly in a case of rape, where, from
t'le nature of the thing, there could he but two per-
a 014 present, and therefore the oath of one party could
1, only placed against another. It happened collar-
-I,•:ently, that in prosecutions for rare, the accused
rtv could only avail himself of the inconsistencies or
utradietions which his Counsel elicited from the wo-
e- :n upon her cross-examination. Fortunately, how-
this case was not so eircninstant •d. He held in
I.:. hand a report of the evidence given upon her oath
b, This girl at the trial of Captain Mills, and he had
• dettlit of establishing the falsity of it in many parts
i the clearest manner. The facts of the case lie
•tuld shortly state. Captain Mills, the prosecutor,
1 :sing retired from the army with an adequate for-
t •tne, took a small house in Chelsea some time before
t• e date of the piosecution at the Old Bailey. Not
1..-ng determined to stop there for any time, he hired
t' e defendant Whitehorn as a temporary servant. who
v .14 recommended to him by a person of the name of
.1%-ire, at Charing-cross. This girl he since learned
was the daughter of a poor man living in a cellar at
Charing-i-ross, and Captain Mills knew nothing of her,
I et what he learned from the person who recommended
1: •r. She came to his house some time in July, and
oriped till August, in all fifteen or sixteen days.
t _ptain Mills soon perceived that she was in a bad
s• .te of health, and that there was an offensive flavour
I:atis her person. It did not then occur to him that
WA proceeded from &disease which she hail contracted,
1,;:t he had afterwards reason to know that it did.
)4 was, therefore, unwilling to have her bringing
ltins his breakfast, or making his bed, and lie sent
•• tor her mother to take her away. He mother came,
npd when the girl had received her wages, she left
t',e house. In all the time that she was in the house,
i.e felt it necessary to mention that she was at perfect
I.:neety to go in and out as she pleased. It was there-
fore talse what she swore at the trial, of being confined
2.- him in the house. Captain Mills having discharged
1.0., thought, no tu.)re of the matter, until a few days
at",er he received a letter from Mr. Price, informing
him that this girl had gone to a Magistrate, and
1 Aged examinations against him, for having violated
I- r person. Fur such a charge Captain Mills. *as
;nice unprepared, but he lost no time in coming to
t awn and meeting if. He went before the Magistrate,
hut tile girl persisting in her charge, the Magistrate