The Statesman.
London, England, 1822-12-21 00:00:00

ViCE-CHANCELLOR'S COURT, DEC. 20.
THWAITES T. THE PROPRIETORS OP THR leNaLten
CHRONICLE.
Mr. Bell said he was instructed to move his honour
for an injunction to restrain the defendants from tuakiug
use of the types set up and used in the first place fur
printing %he Morning Herald nee spare, of winch the
plaintiff was a part proprietor, and in the management
of which be took an active share. The defendants, who
were exclusive proprietors of The English C'hronicle,
were also share holders in the property of The Morn-
ing, Herald, the %%One of which hal of late greatly in-
t teased. The defendants had long been in the practice
of converting to the purposes of their conies the mate-
fiats of this latter retablieliment, without however any
right to be derived in equity from the contractsubsisting
tete ern then and the other proprietors of The Morning
Herald. they in this manner evaded the expense of
acquiring information, and had sometimes tilled their
own colnmns with very important and interesting aub-
jects. He hoped, therefore, that in a case of this de-
scription the Court would feel no scruple to grant the
Injunction for which be now prayed.
Mr. Acta appeared for the defendauts, and resisted
this application on the ground of the nature and cir-
cemstantes of the existing co-partnerships. The prae-
%ice now complained of, of printing from the types set
for the use of The Morning Herald, had continued for
ld years, and it was hut recently that so strong an ob-
jection h d been raised against it. The power of that
Court was great, but the unavoidable effect of its nee-
Coe in this instance would be to suspend and ruin The
BlegUsh Chronicle.
Mr. BARBER, on the same side, remarked, that if the
Court were thus suddenly to interpose Its restraining
seniority, It must be attended with fatal effects to the
d lendants' concern. The practice new prevailing had
seeer been concealed: ad yet it was now reprobated
as if it were just discoveliel, or as though it was per.
holy novel; the fact behrg, however, that it bed con-
tinued from the year lOW, without interruption, to the
present time.
The VICVCRANCIELLOR asked when notice was first .
served on the defendants, of the p application?
Mr. BARBER answered, that he ondertood It was on
the 18:h of last November. The in I which bad
siore elapsed was not of sufficient length to enable the
founders to prepare the necessary quantity of types,
tut he could assure his Honour that not a moment had
been lost in preparing for other arrangements, should
the ultimate decision of the Court be against his clients;
soil in the course of a month those arrangements would
pi-Muftis, be completed.
The Vsca CHANCELLOR said, that he felt himself cow
siderahly impressed with the weight of that consider-
ation, which related to the probably ruinous effects that
might follow the sudden Interference of the Conn
amongst these parties. He should postpone his Judge
assent, therefore, till the First Seal before next Term,
hut wished at the same time to be understood as enter-
taildng little or no doubt upon the principal, or indeed
only. question before him. rl month's delay, however.
it appeared, from all he had beard, could do no serious
injury or wrung to one side, while; it might be.mato•
rattly beneficial to the other party.

-.iM..-

COURT OF KING'S RENCIL—Dite. 20.
PICRJOr T.
TEN NINO N. MAD AND °TARR..
The defendant, who was found guilty on Thursday
bight of perjury, on the trial of several persons In the
iiachrquer for smuggling ea the coast of Yorkshire, was
IS base beets tried on a second Indictment, this day, bat
whert,the Special Jura. Ore called, five oily appeared
In theliux.
Goonsrl for the prosecution were ready to pray a tales,
but the SOLICITOR-GEN tRAL, OD the part of the defend:
ants, would not consent to that course of proceeding,
arid the series of indictments for perjury, being IS in
number, went off.

COMMON JURIZS.
DERRY 0. PICKWORTN.
This action was brought ►y the plaintiff to recover a
compensation in damages, for *ninon, sustained by the
negligent driving of the defendant's servant. °The
plaintiff, who is the widow of an officer. and a teacher
of the harp, was driving in a gig on the 25th pf August,
with a gentleman named Tiler. They were going to-
wards Vauxhall, and Mr. Tiler having stopped at the
door of a friend, alighted. A few minutes after he
heard a scream, and turning his bead saw th►. gig was
overturned and Mrs. Berry thrown out. A caravan be-
longing to the defendant had brought the wheels in
contact with the gig,:and thereby occasioned the acci-
deut. Mr. Tiler ran to the assistance of Mrs. Berry and
found her arm broken.
On the part of the defendant an attempt was made to
Trove the caravan did nut loud, the gig, and that the
driver did nut know of the accident until be had passed
it ; bat the Jury, under all the circumstances, founds
verdict for the plaintiff—Damages, 1251.
EDWARDS V. PLANK AND OTHERS.

This was an action to recover compensation in da-
;times from the defundants, who were Police.officers,
f•r their Improper conduct in searching the plaintiff's
The case for the plaintiff was conducted by Mr. Scan.
I.terr and Mr. CAMPnCLL, and for the defendant by Mr.
AnoLeuus.
It appeared that a person, living in Parkdane, having
loit some property, sent the defendants, on the third of
November, to the house of the plaintiff, a dealer in
uterine stores in Shepherd's Market, for the purpose
of searching it. In the course of the search, they
found a bm containing two or three sovereigns, and a
tjuatdity ot fire works. This they determined to remove,
earl in the attempt to do so, they struck the plaintiff se.
saral times, and abused her very grossly. They after-
wants took her to Marlhorongh•atreet Pollee-office, and
kept h•r in confinement for two slays. The search for
the stolen property was, however, unsuccessful in the
Lune of the plaintiff.
Mr. ADOLPHUS, for the•defeadants, had proceeded at
some length in examining witnesses to prove that the
conduct el the Police officers was rendered necessary
by the resistance of the plaintiff, when
The Cater Jes•rtcs interrupted him, by saying, it was
clear that an assault bad been committed by the officers
on the plaintiff. It was therefore his opinion, that the
ends of justice would be beet answered by the Jury
finding a verdict for such nominal damages as would
Larry
The Jury immediately found a verdict for the plaintiff
—Damages, 405., costs, 404.

MAIDSTONE, TBOR•DAT, Dsc. 19.

Before the MA. Mr. Baron GRAHAM.
ATTEMPP TO COMMIT A RAPE CPON A CHILD.

peijamin Hopkins se.s indicted upon a charge of
..n the I; h of August, assaulted and illtreated
iry Iturliitr, with en inteut to commit a Wipe.
Vary Hurling, a delicate girl, II years of age. being
pl.„d in lb, witneu.hoe, waa questioned by the learned
.rod.ze 41 to her knowledge of the consequences of per-
jure, when she slated that she could neither read nor
write—that she said her prayers, and sometimes went to
church—that she was nine years of age. (Here the girl's
au ather said she was 11, and his Lordship ordered her
end all the women and children to leave the court.)
IVit Bess did not know in what month her birthday was.
Knew that if she told a lie she should go to hell, but was
'ignorant dill' nature of the punishment.

•

The child was this swore, and detailed the minutiae
of the transaction against the prienner, bat the nature
of the evidence was such as to preclude its insertion in
the columns of a public journal : it did not appear, how-
ever, that the child sustained any injury ; she did Dot
raise any alarm, nor did she mention the circnor
stance to any one for several weeks; she did not object
to the prisoner's conduct at the time, nor did she now
complain of his treatment.
When the case bad proceeded thus far, the learned
Judge said to the jury—'• Need 1, gentlemen, pursue
this transaction any farther There does not appear
to have been any opposition on the part of the child,
and some parts of her statement are so contradictory
and vary so much with her deposition before the com-
mitting magistrate, that 1 really cannot allow it to bear
se penal evidence against any man. 6lentlemen, I am at
a times unwilling to stop a case in its outsetaind more
seipecially such a case as the present, where a person of
the poorest class complains of ill-usage : I am ever un-
willing to do any thing that would seem to justify a
feeling ofslight or of preference against the lower order
of society, who have an equal right to the protection of
the laws with the wealthy or the titled ; bat I really
cannot see bow thischild's evidence can be received by
you, and I therefore put it to you collectively, whether
you would wish the case to proceed ?"
The Jury were of the same opinion as his Lord-
ship, and immediately returned a verdict of—Not
Guilty.
The prisoner was then arraigned upon a second in-
dictment for the same transactinn, but as a misde-
meanour only, and the jury also returned a verdict of—
Not Guilty.
The learned Jena. then ordered the girl's mother to
be called into Court, when his Lordship addressed her
with earnestness upon the probable consequences of the
evident neglect so obvious in the child's answers is the
witness-box. His Lordship then informed her that the
case could not be proceeded in on account of the preva-
rication and ignorance displayed in giving her testi.
loony, and concluded by appealing seriously to the feel.
jags of the mother as to the share of blame she might
justly take to herself, in the event of the child's de-
reliction from honesty and virtue at a future period
of her life, in consequence of baring been neglected in
her youth.
Charles Lewis and Jolla Oliver were convicted of a
burglary I. the dwelling-house of JohniKent, st Chid-
too, in the night time of the 21st of Oetober, and steal-
lag six silver tea-spoons, a silver table-spoon, a pair of
silver buckles, and other property to the value of U.—
Guilty—Death.
Before Mr. Justice Bagley.
EXTRAORDINARY RAPX.—JohisPearion stood charged
upon the oath of C. George, wife of Odian George, with
having, on the 10th of September, feloniously violated
her person.
From the peculiar circumstances attending Ibis ease',
the Learned Judge having particularly adverted to it in
his charge to the Grand Jury, the Court was crowded
from the opening of the doors; females and boys were
excluded ; the trial occupied four hours, and the stair:
and passages were thronged with women, who'
awaited, with undisguised anxiety, the important result.
We cannot report this case as the evidence was given.
Inconsequence of the uncertain hour at which her hus-
band usually returned home, Mrs. (hire had been is
the habit of potting the key of the street-doer on a
ledge near tire window, by which mesas George was
accustomed to let himself in. The prisoner being the
pot-companion of George, and the intimate, as it would
appear, of his family, well knew the means of admit-
tance to his friend's house. It was on the night of the
10th, or early in the morning of the 11th of September,
tehlisttiliortet,(also a hop drier) and the confiding
George, yielded then selves to the powerful influence of
Morpheus, that their lees drowsy companion, hereon,
boldly decided on an expedition of the Cervantes kind.'
Leavingtberefore his companions slumbering In the
oast-boose, be sallied forth, leaving his hat and shoes
behind him, and proceeding to George's dwelling—,
sought the hey—opeeed the door—entered the bed
chamber, and quietly deposited himself in George's bed,
beside his wife. At length the intruder, fancying he
heard a footstep below, suddenly startingdp, exclaimed,
d—n it, here COMPS Udine." "Then, and not till then,
did Mrs. George discover the truth, and a scene uf great
embarrassment and confusion followed, amidst which
Pearson precipitately retreated ; Mrs. George then called
up a matronly neighbour, and told her what had hap-
pened ; ran a long half mile to the Oast, awoke the
drowsy dryers ; charged her husband with being privy
to the trick that had been played upon her, of which
she narrated every particular. The alarm brought Pear-
son and Shorter (the fellow-servants of George) to the
spot; the prosecutrix charged the prisoner with the
rape ; Shorter swears that Pearson was at the Oast when
he awoke three quarters of an hour previously, and eves
the husband thinks his wife mistaken ; she swears that
he was, hot she is not, and the unhappy couple returned
home. Such were the facts mainly stated, as proved on
the trial of Pearson. We should, however, add, that
evidence was given by a neighbour of George, that pre-
vious to the night in question he saw a man, wheat he
believed to have been the prisoner, enter George's hoist,'
by means of a door key. pull his shoes off in the the
uge, and some time afterwards make his slat at the
back door. Mrs. George admitted that Pearson bad
been with her many hours on the sight of the preceding
day, of which she told her husbaw‘hat iike did not tell
him how long he had been with heel--,.".:
Mr. RYLAND (Counsel for tlssepetemier) objected, st
"as there was consent on tile pert id woman, woae, this
was po rape." lie referred to a similvesee at Croydon,
before Lord Chief Justice Mansfield, -mad to a mugs re-
lettot rase, which went before the twelve Judges.
Mr. Justice BAYLEY admitted that there was consider-
able weight in the objection, but be thought the case
slight to go to the jury. Au extremely nice question
of law was involved an this proceeding, and one which,
for the present, he should not decide. If the jury,brosv-
ever, thought themselves warranted in convicting the
prisoner, he should direct them to return a special ver-
dict, so that the point might be raised before the twelup
Judges.
The Learned Judge then summed up the evidence fot
the jury. He observed that the statement or the'promi
catrix was certainly very extraordinary, and, io some
particulars, very suspicious. She had been contradicted
in two material points; and if she had mistaken or Foie-
represented circumstances in one or two instances, there
was some groand for doubting the truth of the whole of
her statement. In order to justify the jury in finding •
verdict of guilty, they must be fully satisfied—first, that
l'the prisoner was the person who had committed the
&Hedged offence in the manner stated; and, second, that
it was committed by means of a false representation that
be was the husband of the prosecutrix, and thereby in
deiced her to :Mink to his embraces. They must be
satisfied that the prisoner had practised a delusion, and
that the prosecutrtx would have resisted his advances
hail she known the real situation and character of the
person who had obtained access to her bed. Should
they think the case proved did not warrant such a con-
clusion, the prisoner ought so be acquitted. His Lord-
ship said lie should not himself give any opinion upon
the case in point of law, but should leave it as a matter
within their proper province to determine.
The Jury deliberated a few minutes, and found the
prisoner—Not
There was a second indictment against the prisoner
for a misdemeanour, which chirged in substance that he
had broken and entered the dwelling house of °diem
George, Catherine, his wife, at the same time, being le

•
THE STATESMAN.

bed and undressed, and frandnlently. and under pretence
of bring the said Odious, did assault, &c. the said Cathe•
rine, she heing wholly ignorant that the prisoner was
not her hatband, but supposing and believing him to br
so. No evidence, however, was offered in support of
this indictment, and a verdict of Not Guilty was re-
corded.

FRIDAY, Dec. 20.—Mcanea.
John Smith was indicted fur the wilful murder of
Catherine Smith. at East Oreenwich, on the 4th of Oc•
tuber la.t.

M►. BURN. and Mr. BoLL IND conducted the prose-
cution.

It appeared that the prisoner, a Greenwich pensioner,
alto was a very old man, upwards 0(70, had cohabited with
the deceased. and they passed as man and wife. Oa the
morning of the 4th of October, about half-past 3 o'clock, he
weal to a prblichouse called the " Cricketers," sat down
near the har dud called for a pot of porter. Immediately
afterwards, addressing himself to the landlord, said "Haw-
kins, bare you seen my woman this morning I" He re-
plied in the negative. Upon which the prisoner said, "If
you see her go past. call her ht." About ten minutes before
six the deceased came into the public-house, in company
with another Greenwich pensioner, named Levitt. Thede-
ceased tailed for two glasses of gin. The landlord drew a
glass of gin, and set it before her on the bar ; when he said,
" you know I take it with peppermint." ,The landlord wits
turning to get the peppermint-bottle, when in an in-
stant the prisoner, who was sitting close to the deceased,
rose up and stabbed.her with a knife in the right breast !
Before this, not a word had passed between the prisoner
and the deceased. The deceased immediately exclaimed.,
" You hare killed me ! You bare killed me !" The voter-
tunate woman was urged by the landlord to run to the In-
firmary immediately. She went out, but before she got the
distance of 4.1) paws she dropped down dead. The prisoner
was immediately seized by theAslidiord, who said to him,
" You wicked old Ina°, how could you do so rash an set I"
He replied, " She has boo with that tallow all night." The
prisoner was afterwards searched, and the knife was toned
upon him, stained with Wood ; and being asked whether that
was the instrument with which he committed the murder. he
.said it was, and owned that he did it. The instrument, which
was a common pocket knife, upon being examined, appeared
as if it had been recently sharpest's! at the point. This was
the ease proved on the part of the preseaktWn.

The prisoner, who appeared to be the remains of a very
line seaman, being at least six feet hies, mitistill robust in
frame, entered into a long statemeat of quarrels betweee
him and the deceased, which In said had irritated and made
him unhappy. She had mime from louden to lire with him,
and take care of him, be being old and infirm. They bad
lited together for about fifteen months; bat a short time be-
fore this transaction she was greatly altered in her beha-
viour towards him. He bad, through friends of his own,
procured her a situation as helper to one of the wards of the
hospital. She became cold and unkind to him, and at last
he discovered that she kept company with Levitt, asotber
Greenwich pensioner. On the morning of the kW of October,
he went to the Cricketers public•house to get some beer.—
Whilst he was there)* was cutting a piece of stick-liquorice
with his knife, when the deceased and her lubber cause into
the house, and stood close to him. He bad beats drinklog
the night before. The appearance of Ostia:eased with her
paramour affected him very mach, and the deceased having
trod upon his corns, be in a moment of rage committed the
fatal act, but without knowing what iso did, and eertaialy
not intending to kill the unfortunate woman. Under such
eircomstances, he hoped a merciful view of his lease would
be taken.
Mr. Baron GRARAM summed up the we for the jury.

The Jury found the prisoner Guilty, and he wad ordered
for eseeutioo ou Moodily storming nest. The aafortunste
old man appeared srm, and retired from the bar with a lira
step.

- . -
The Assizes ended about throe o'clock. Sentence of
death was passed upon tee espital convicts ; but none
were left for esseertlon bet Robert Hartley, for stabbing
Captain Owen, of the Bellerophon, and lisolth, the man
above-mantioned.

. _ . A
few evenings ago • poor wawa% alet bre seas about
i geTriosr ,years of age, proceeded is the Oen Owl* Stret-
ten
ion market tbwards their home at , Gistopshire, a
ldistance of about four miles, but the I olence of Me tempest
was so great, and their fatigue so excessive, that when
1 within about MU yards of their owl house, they sank under
mite accumulating dilliculties of their journey. The shrieks
of the poor women was heard by • cottager, who went to
her assistance, and site was with dillieulty recovered ; the
poor boy 'seagulls dead ; and two couple of fowls whikk
were by him were also dead, and covered with hail.
- - - - - -

SVICUM—At halfrst eight o'clock last
eight, a respectable looking individual was found on
the steps leading to the water by the side of Waterloo
Bridge, with his throat cut, Red totally bereft of life.
The alarm hiving been given, the toll collector of the
bridge assisted Mr. C. in taking him op, and In so
thong discovered on the steps • clasp knife with which
the horrible act is supposed to bare been committed.
The unfortnnate man was genteelly dressed in a bine
c..ar, black silk waistcoat, white neckcloth, frill shirt,
oast donna, Wellington hoots, and a white hat. Ile wet
conveyed to the Strand-lane, Luck-up-house, where the
body is now lging for inspection, nothing having ap-
peared to lead to a discovery., The steps where he
was found, are those whence an nnfortonate female
lately threw herself into the river and was dreamed.
CORIO4IIK'S INQUIST.—A Jury eat OR the body at
Bartholomew Andrews on Thursday evening, the de-
ceased having died in a pugilistie combat with a man
of the name of Arnold, on Wednesday. The parties had
quarrelled at a public house at Beeman, on the lower
Watford-road, and the landlord got rid of them io a
drunken state, when they crossed the fields with some
drunken companions, and (might many rounds, in the
last of which the deceased felt senseless, and raptured a
vessel on the bead. It was proved that the deceased was
a quarrelsome man, and that he had most outrageously
insulted Arnold, whose forbearance was great. The
Jury band a verdict of—Manslaughter, as the lose of
life • *warred in an illegal act.
Two children 11111IM nnfortnnately perished, within the
last week, in tbatilarish of Chippenham ; one on Friday
last, who, ,hilt Mending near the fire, received the
centime of a kettle of boiling water over its head and
breast; weal the other on Tuesday, who was left in a
room whet* there was a fire. which by some means com-
municated to its clothes. The anguish of the little suf-
ferers, previous to their death, cannot be described.
Inquests were held by W. Char, Esq., and, in both cases,
the Jury returned a verdict of " Acedental Death?'

DIARY FOR THE ENSUING WEEK.
WITS THI Tllll3 01 RIGS MATRA AT Lombibx-satses.

Dec. 22, S.—FOURTH SONE. PI ADVENT.
High water —morn. 4.1 m. aft. 7; even. 11 sa. aft. 8.
23, M.—Sun rises 8 min. aft. S.
High water—morn. 43 in. aft. 9; even. 17 m. after 9.
24, T.—Venus sets 49 m. aft. 3 even.
High water—morn. 63 m. aft. 9; even. 31 in. aft. 10.
26, W.—CHRISTMAS Dgv.
High water—morn. 11 in. aft. I I ; even. 49 m. aft. 11,
26, TE.—ST. STEPHEN.
High water—morn. 12 o'clock; even. 20 in. after 12.
27, F.-Bv. Jells.
High water—morn. 2 m. after I; even. 37 tn. aft. I.
28, S.—INNOCENT. FULL MOON AT 6 MORN.
High water—morn. 9 in. aft. 2; even. 39 at.aft. 2.

MARRIED.
On the 19th inst. at Allhallows. Barking, .1. Bury, Esq.
of Southgate. to Ana, only daughter of J. Bellamy, Esq. of
Trinity-square.
On the Shit inst. Charles Adams Dyer, Esq. of Little Il-
ford, to Sarah. youngest daughter of W. taretohill, Esq. of
East Ham, Easel.

DIED.
On the 19th instant, at Madam', of a lingering Illness,
Marianne, youngest daughter et T. Wilson, Esq. M.P.