Glocester, Friday, Augugs...
The Times, 1824-08-30T00:00:00

hNIST PRITUS COURT.-Before Aft. JUSHtice PARK. `* -. vROsS rtatec, tnat llix was an action for maliciously pre- ferringa in(lictnient for perjury against the plaintiff, without any reasonable or probable cause. Ilr. CA PBE L3. opened the case on the part of the plaintiff, vrho com pt!ained of the malicious prosecution of a groundless charge of a very heinous and disgraceful nature. The parties were both inhabit- ants of the parish of Lewar Dean, in this county, and were appointed collectors of the taxes for the year ending in April, 1822. For pur. poses of convenience, the parish was divided into two divisions ; in the larger, the defendant collected; in the smaller, the plaintiff; but both were liable for the due payment of the whole sum assessed te the Crown. Mlfr. Cooke duly paid in401., which was his portion, but Ilir. Harper neglected altogrther to pay his share, amounting tc 611. 4X.; and, after admitting that it wasdue and promising to pay it, he absconded, leaving Mir. Cookeresponiib forthe deficit. \hile he was thus absent, he addressed a letter, dated Nov. 19, 1822, to the plaintiff expressing his contritior, for the step he had taken. his sorrow tiat an burden should fall upon hi" friend, and his determi- nation to give ltim security, amd ultimately to make goodl the loss. The plaintiff, finAing hinmself in danger of losing all remedy, ani understanding that the goods of the defendant had been already con- veyed from his bouse, went before the Commissioners and made affi- dalit that Harper was a defaulter to the extent of 611 4.s., npon which lie obtained a warrant of seizure, and proceeded to take the goods, which had been chiefly secreted in the houses of others. This step seemed to excite great rancour in the bosom of the defendant, who on the 8d of December, wrote asother letter to the p*lltiff tn a far different siirit front that which he had addressed to him in tl e rreemding month. In this letter he designated hinm a,s a low.brex parish blackguard," declared that s Rome day or other he would reward hin for what Le had done," addressel hin as " the most ungenerous fellow that ever lived," and subscribed hinm self " your deterntined enemy till death, John Harper." These expressions ware not mere words of passion ; he seon began to make tlhe plaintiff feel his Vengeance..not, indeed, in the shtape of an in. dictnient for perjury, hut of an action for maliciously suing otut the warrant of distress. '[hbis cause was tried bef'ore the learnied Judge who now presided, at the suimmer ascizes in last year; wehen it was clearly protved that i\r. Cooke was fully jiistilied in all he had tdone, and his Lordship accordingly directed a nonsuit. Not satisfted with this attetnpt, Air. Harler pprocceeded to the Crown Cootn, aid there preterred an indictmnent azainst *llr. Cooke 'fr wilful and corrupt per. Jury, tn swearipW the affidavit oti which the warrant was granted - an upon the e~xparte s tatement of Mlr. Hlarper, the bill was fotind. j This indictment was palpably bad, so bad as almost to excitel a sos. lpicion that it was not preferred withi any hope of obtaining a convic. tion; fat it alleged that iMel. HaTper was "i not a iefaialter to the amouint Or a large sum of moniey-to wit, 611. 4s.," thus leaving the suFn under a videlicet; and it alleged that Mr. Ht.rper was solvent,h n one having sworn to the contrary. When the bill was found, Har- per public y exulted in hi.s succes, and he afterwards expressed sa- tisfactian in the prospect of seeing the plaintiff tried and xentenced for the foul and ignominiaus crime of perjury. The charge neces. sarily retnained hanging over the heati of Air. Cooke till the last spring assizes, wben' the case canie on for trial ; but the indictment wvas r en found to be so radically badl,that the learned Judge directed an immediate acquittal. On that acquittal, obtained as it necessa. rilg was without any investigation of the nmerits, he (Mr. Can',,.. bell) (lid not rely; but be would clearly show that the proceeding was without colour of foundation, and that it was adopted fre.m the blackest malice. Wllhen he had thus established his rihlut to a ver- dict, he would leave the itiry to s4y what damages the defendant ought to pay, and theplaintiff to recpive. aMr. Thomas Lucas, tde clerk to the Commissioners of Taxes, and the attorney for thcrplaintiff.i-He stated that the parties were joint collectors for the year ending April, 1822 and jointly liable to the C.own. T here was a deficiency of 611. 4s., whieb Cooke admltted he ought to pay, at a meeting of the Muagistrates at Coleford, when both parties were present. Al r. Lucas estimated the costs of (lefend- ing the indictmeni at about 801.. which lhad betn paid. He was un. able te fintd the affidavit made by a'r. Cooke to procure the warrant but produced the warrant itself, which purvorted to be granted on~ an affidavit that Jn1n yHarper had received fill. 4s. for which he had not acecountet. Ile proved tlie handwriting of the defendant to the letters opened by Air. Campbell in his speech. The letter of contrition of 19th November, and that of atger of 3d December, were then read, as stated by theE plaintiff's iounsel. "Ir. William Cowlev. a clerk in the onese of the Receiver' enre- ra,pou- hsbo. nt rvdta on tue 81st of August, 1822401 wa pai inresectof lnd.ta*forLewat Dean, and that fil. 4. eman edu. wichwa pal d te Ilth of February,1823, Mr. rawey, ne f te Oqnalaioer.s of Taxes, said, hie reeol- hem a Newaain.He was reprimandedm at~ a Efau_te Johni Davies, th1b,ab#fjwr ~s~p~v&~I~tbelf'Ww; ant of seizutre, dlated. the2c'Zot, Iovdrle i2f Oiven to him to execute. - Tlwarrant was red. I eie te~In~'lc GI1. 4s. for land-.tax, and also-7I. rhr aske'msea taxes, *h clt ltd hgd' apiplied. to his own utse, alid dirdcteil the-offlkes to seize him or his goods. ' I Th:e witness proeeeeed....He w ttofaprihos,and founidnos one etcept a servanet.maid, and onlty a fewi articles- of tra iture, the rest'haVimsk been disper-;ed in the house of esix or se rn neihbo6urs.' Crsi;cxamined...Mr. Cooke went with himtoHrr'hus They got irto the house through thegafo. r.ckeplid out thlegoods, of whiich noinventofy wa ae.Teylce h girl out; but did nothing. tiore thtan wa ~esr oeecute 'the warrant. Johin Davies, the elder, proved that he -paidl liArper .91. 129s. for taxes In iNovember. He went away that eveniajl"o Alitchel Dean, where the witness saw himi the next day'. He asked himn for the mondy lie paid hiim. Harper said he had left It with his- wite. The witi,% C.alled on hier, but did imot get It, W''tmrpLnined.-The 31. 12e. was for asseused taxca. .Mr. Hi*fje-now lived at lbewar Dean, when Att hatna. Mar," Lucas, being recalled, said, after the indictment was found, atia-:r.t Cooke went to enter into his recognizance to reppear and plead, Air. Harper followed himt, and in a very Insulting way called olut, " A true bill against Rtichard C-ook, of, Icwar Dean, for per- jury," in the hearing of many. John Cecil, of Mlirchel Dean, said-.8hostly before the lst sprWs assi;ies, on the 16th of A a-rch, he saw Alr. Harper at the Agl and head him say " he had seen Mir. Cooke at Rosa, and h hn looked a poor wrretched creature ; he had got a great coat on, and overallA, atid held his hands in his pocketst hieloe asi he would be ill for the cause, comning on, which he hope hewould not, or the cause must be put off." Time witnessl eaid he siupposed It could go on withioat him. Harper :aid, "1 No : Ar. Cooke would htave to stad u beorethe al; nd oldup is and ad be atsked how he eul h tred andifho as oud gsity,hewould be lodged in aolfora yar nd da, ad b ket o bradand water, which Cros~examned..Slr Ha~ waspitying the plaintiff. He to an Inquiry L4 what gerjurv meant?"1ruh esoei fse The tirendant, w o had laughed repeatedly during this evi. dence, was reprimandedl by the learned Juii.;e. The' indictment for erjury was then read. AMr.CUowley, recilled ,said he did not ktow who paid the 4W. Mfr. Cuitwooin addressed the jury foe the defenidavtt, and ex- pressed his9 confident expectation of beinig able to Ashow that there was abundant cause for the proceeding to which hix client resorted.' tie order to obtain the warrant, Cooke swore that Harper seas a defaualter to the amount of 611. 4s, Now he costld no-t be a defaulter for mnore money than., lie received, and. he had only received a little m-ore than. 331., which Mfr. Cooke mnight- easily leave known hefore he swore. In the execution of the! warrant. Cooke hiad himself been actunted by malice he had made strong declarations of ill-will to Hlarper; and Hlarper thiougha obliged for a time to leave his home, was not in those insoZh'eet cir- cumstance.s which were imputed to him by his enemy. If,then, the plaintIff had not commnitted perjury, he had, at least, sworn so imenu. tiously as to utf ssiin the mialice really lay on his side; and theI epressionsoif t,he defintndant at Ross fair, ott sieeing the manhe ad elthimelf bound to prosecute, wiere spoken more in Pityv thian in anger. I- J oseph Wood, a blaicksmithm, saidl-ho went with the plaintitffto-a place where somne of Harper's goods were. They saw a bureau, and whien they opened teh lock, Cooke took out a paper, and saiid, "Thlat waswhatuthe wanted." By Cooke'sadirections4,he opened the hox a secondi tinie, after leaving locked it. T1Jhom a Phelps, a farmner, uncle of Mrs. Harper, said-he went to Mrs. Harper after her husband left hone, and Afterwards saw Cooke. lie asked C-ooke how he o'taitned the warratnt? He replied, "from tiiesConmmissionerse' lerk." The witnesS asked Cooke to allow him to ser the hooks, that he mifght know whiether the moniey was psfa. Cooke prodlucedl them. The witness askedI if he- had sworn to hiii accouints ?Cooke replied, "1 No ; and he would not." The witness said, "The Commissioners wouild not grant a warrant unless the accoun ts were mnade up anid sworn to, andI therefore rime Warrant was not good." Thie witness asked the amount for which he proceeded. Ilfe replied. " 61i. 4s. for land-tax, and 71. 14s. for &qqes-3ed taxes." After this, the witness saw Cooke at Ross, ard offiered hiim 351., to save Harper's goodsi from beinig soldI; l?ut he refusged it. Ilarper was a butchber, he had property on which he livedi, whichl miiglht be worth 201. ot 301. a year. Crolss.examined._..He did not kniow the amounit of H1arper's debts, nor where he went when he abscontied. John Evans, collector for the preceding year, said that he col. lcted 571. 7s. from the division which Harper took;- and Harper ought to have collectedi betwveen 551. and 5b'l. liarpet had a hiouse and land worth 3001. or 400.1. ; but there was a mnortgage uponl it. Mlr. Pewtener was employed to draw up the accomen's. of the as. siesged taxes9, but could niot, because Cooke was unable to point out what Rlarper had received. John WVebb, an inhabitant of Lewar Dean, said, he heard Cooke, aifter the Rebture, saY he wouldI stick to Harper, andl mnake himn do what same of his; famiily ha dione befote him. Mlr. CAM PIa ELt., in reply, observed, that the deeence 6ejseled was noct proved ; thatt it was not shown the defendant had receiveid only 331., but the very reverse;, anJI the evidence of malicei on the pnart of the plaitetiffl, which would scarcely have applied in poinit of law, hiad not be-en givlen. He felt, therefore that his case stood un- wveakened, and that nothine hiad been M d~ued which could, In, the siligletest degree reduee the'claimr of the palintiffreo damdege. Air. Justice ~Aa directed the attention of the jury to the two ingredients necessary to support the isotlion--the want of p-robatble cuee, and a malicious design. The first eias a question of latw for the Juidge, on the finding of facts by the jury;, and in thisin. stance, lie was clearly of opinion, if thiey bel veao the witiinesses that the plaintitf was jostified Iti 2wearing theakldavit on -wbleh the In. dictracent was franled, and that theLe vas. no probable ctuse for that proceeding. The second was a question of fAct solely for tihe consi. deraLion of the jury, and they wot4dd consider whether thle courst Laken byth defen dant.-.lisi long delay, and subse-quent dettcaseoc -did nlot ralise the im'plication of malice; and whether, if this weri equivoc-al, the letter of rite 3d of December, and tl)e expre4sione 01 triump whlen the indictmenit was foulnd, did not supply the proof 'If icy found a verdict for the plaintiff, they ought to give him the 1101. which he hatl paid in zoniducting his defence, and some reasRon. able andi moderate sum for the injury he had sustained in his reputa. tion and feelingzs. The Jury,f2fter a few minutes' consultation, foundl a verdict fot tepatiF-amages 1101. SATthItbAY,AuUG5ST 28. John Perry, a carpenter of decent appearance and 48 yaso age, was capitally indicted for a rape on a child o?' the tendle ygear 0 fousl years and a-half. There was alto an indictment Against htim fol an assault, wvith intent to commit the fielon V. Mlr. Twess, for the prosecution, sitated thtat there was a defect ir the proof, whifch must prevent a conviction of the capital charge, a therefore he should offcer no evidence eo support it. The Juxry ac. cordingly returned a verdict of-Nyol Vwity. Thie priSoner was then charged with the mnisdemieanor, and pleadled a not guilty." Air. Twess opened the case very shortly, andI celled Amelig Taylor, the nmotnej-, who appeared with the l ittle child in her armns The poor woman stated that -she lived at Cliftton, 'in a houLse adjoip. lng which was a yard with a loft. Between seven and eight, or aboui dusk, on the evening of Thursday, the 19th of August instant, ahi saw thie prisoner carry the child from the loft, iset her down, ane ki," her. Ttie child wasafterwards; ill, and made a communicatior respecting an Injtiry she had received its the pretence of anothei woman, namied Norman. TheL 'child was then ptoklnced hobtt her Appeirali?e rendered i clear that she was too Young to be examined with safety. At tls, sugsion of the lear-nea Judge, the counsel for thw prosecution ab stind rom, putting any quxest ion to lier. It was proved that shq had sustainied an injury, which could be attributted only to one causre and that the prisoner had madle use of expresaions as to thie transac t ion, tending to fix a strong suspicion upson hihe. Air. PaRILPOTT'r addressed the jury for the prisoner, and openet evidence that would show he was not on the premIses upon the da) towtich Al rs. Taylor hail spoken. The learned counsel then pro ceeded to call Mr.Williams, acoaeh.rtnsatef,*ho was the owqlerotr th, loft , andI Samuel Uoe, a painter, who was eeAployed on the Thursdaj in painting for himithe body of acoach in that place- Mfr.William: 3tated, that lie was hintself the whole demy, till eight o'clock, in hi: cotneing,hoose, adjoining the yard, and must have heard any persisti ao4cending the steps ; but he admitted that he had gone to the HO WVells afterwards b ' day,light. lAine swrore that he never left th, loft during the whole day-thilt he dined andi drank tea there_...an that he continued his work till it wait so dark that hie coulid ricithe: see hi% brush nor the body ho was pinting. Roth declared that thi perisoner never camre tos the pluce, althoughthyswheltecil playing thtere withi other children,. hyswteltl hl ',r. Tivess minutely crisss-e,ramineej the witnesses, anid whler thei tetimny as oncude, adresedthe jury in reply ont thi whol cas. Heurgd th disrepacie betweem, the wvitnessles fol the efece;thewan ofallprof weretheprisoner was; the in. Jur dne o he leldas raualy iscveedby the mother;~ ant the eclratonsof he risner whch erewholy Inconsistent witi AIr. Justice LPI'TTLEALE read over all the evidence onl bojf sides, and comneiented largely on its bearings. The learnied judgi thoghttIm dicreances etwen hetwo witnesses were not suf. ficlne o dscrditthe.; ut t wuldbe for the jury to conaider. wheter he otrae mght ot avebeen perpetrAted after lilr, Willamsand ineleftthepremsesin the evening, or whtethe, Mrs.Tayor igh no hae mstaen he day on which ohe i;aw th, The Jlury almost immediately returned a verdict of G,ifty. Mr. Justice LITTr.xALr.e postponied pasing sentence. R lizAteube Lane stood charked on te Corner's- inctuisition.witl1 thec wvilful mpurder of her bastard chfIld. A 'bill had beer, preferrer before the GrandJue~yfor the murder; but tilY.etunde,au tMr. RSSEL OW To~d to ua-'htne oquisitiOmi on' the grolsncI that it was insufficient in pont on aw. rt gtated the offeiene as conin mitied its the fiftht year of the reign of George tIse PYMO _(a laugh' -af kcing whio didl not exist ; and it laid theplac as- at -h "pariaf ordered t tto bequashed.in cerybdad inMr. RtJssgL appliedJfor the prisonjer's linneitdch,sat fo that she was extremely weak In body and intedim ndischatge betat Parent5i were rieady to receive her. di i, 4tahe M1r..Justice LtT1TLEDAL.E acceded to this request, antd the pri, 500er was discharged~. Das,id WVittse, jesse Bea;,'df n 4 4Fus, eeidce o rape. on Anine Keysiton. a(' -ul,.eeidce o Mlr. PsstLPOTTS staLted the ease for lb' rectoandecie th ffence as attended with circun5stan h r o94ft''' deid lenee. ~ ~ ~ ~ "ogreat atrocity advo Anne Keynton, a.stout and tall irof, tfenoVery attractive ayiear. ance,- said-..Ilhave beep employed int weaving. On the 7th , July I wis at a publlc..hunse at Chaifor Linch, ktept by Chatles Gardr,. tier. It is near Disiey-connion. I went 'tlcy.r betwreent kj,o and three in the afternocon2 andl entered the houte' at the i Oi~tg f 'a yoiungmantoavdtink. In the kitche I a h hce prisoners berwithng AthetA,atime,-'l)arvd Witt5.askesIL me odrinkl4'and.z-toolk beerwiththe . 1 remained (hiert till betwee~n- adeois"-aim ffikht o'clock, and in that time took twvoglassfgna&atrv o me by anothTer m-an, in drinlkin glie peond gIn an wer, gye toa there was jalap in it. I drri Irheieond g~' a siV:t reve~l d that Ahoiut aquarter ofan hour after f'el~it take eiIrct on me, 4na welit into the ga,dcn. Tltetelrasw the thr~E prisoners. AVitta pulq)ediiie sg.mn ito he pbli..huse;butI hd'io mole, to drink tbeii. After a fe miute I wlltd ot ofthehoue with JoWn'.1futit,leaYieg the othr risnes I te ktcen.Hut tokme.so the cmnso,s, which Is aout quater f a ile rom he-huse.Timetwoothery .risoners anda atsnaeg tehen, ho asrunawy acoPanied us, We all alke inone artyto he cmmo L~orWiy we passed ;o,t.4`t14 juLt to o wLth rillhose mcn:" Vfthean6n "ho%v trA me drn just b0ntI got w Ithih the!gate, they fIil oLve4 rnze, t4o0lt.old of thc gzate,but theTAulHed me4away tud Lbroke a,bit doi tt the struggles Th- vuticd me ipalntb theeOpen comrnon lbs force. Iresiated, and .texge1 .'ar& pqt a b6ndkR,iAief into mv mouth.. MN Justice,4tTiknLAb here observed thatthe prGsemtns colid g4ve e4ideneie only of onefictanountintglo a capital charge. The *itness thetn ptoWeBea to-state that NVitttnrvished her while the two others .wsisted Mmns. She cold not tell how ldng they re- ,ssained with her, as she had taken a vZreat deal of liquor, to wbich thelv violence ave unmusual efface. All her elhthes wvere torn, and twro wonlteo lre standing with her. The'' took her horne to Chal- t'ord ldinch, whre thy lived. 'She told ihem-what bad happened, and remtlncd.yerv ill f or two days, aflei which she went betbre a nas- gletrate, She hatN knows the mens liefor.but had never been in their company. Oh Cross.examination by Mr. Twrss, the wfiieRs said-I am a little more tban 20 years old. I was Ini the kitchen of the public. house from between W arid three till towatid eight. In that time I gdt pretty fresh, Msut not tipsv. f.don't know the namnt -of the other men who treated me. I drank with any one wlto wiald treat rle. The gin and water 7was given me by a man in a blue coat. not by one of the prisoneri J got warm and merry with liquor. When I returned to the public-house frons the garden, I was pushed in, while the lanlord WtaS p.esent. The landlady vwaR present when I was ill -uss there. There was a mob in the house round me-mrare than sixor eight, none of them helped nt, though I ealled out for help. I did net go out before Hunt, or sit on a wall and wait for him. R!unt and I had got about a doten yaads from tite doorr, before the others came up. I did trot ga Into a rtone- uarry with gunt, nor ever said I did but I was there with Davi-. itts. He was more civil then. Thisr was after I had been treat. cdiin the manner I bhave de,cribed by the pris oners. I met with him on the comnmon. A grat mnany vrer presentat tle afair on the com- mon, and it occurred by daylight. There was a xreat deal of iern i- mnent t but I saw no laties. There were nearly 100 people on the common: thery gave me no bela, though I ralled out for it most loudly. These mea gave mie nothing ; I sometirnes meet with bet- tercustomers; I have said that the Alagistrates told me if I did not nrnear azainst these mren, I should be confined. I eave Beard and Witts 6d. a piee in gaol, which Wl'itts's brother gave me for them. I know Ephraim Die s' bbus did not see hin that night. The pri. tonersthrew me over awall like a sack, after I had been with Witts in the quarrf . ntexamqinedu-r hadhbeen in the quarry before I went to Rowles's hoUSe. It was about an hour after the violence that I went into the quarty.. Itt the interval, I was leaning aceinst the wall on the csm- m11onj unable to walk. Beard's father asked me to go and see the prsisoners in gaol. Examoined by the JrJnoE.-When I left the public-hotse, I held Hunt's armr. The spectators were within a yard or two when the violencewasused. Air. PErttpoTTS here rose,and said he repreaentedthe officers of a parish who had no-iew in instituting this proceediag but the attzsin- mernt of ptiblicjustice. He had other evidence conroborative of the ease for the prosecution t but he felt, after the exanmination of the principal witness, ctlit he could not ask fora capital conviction. Mr. Justice LITTLEDALF. then put it to the jurv-whether they wished the case to proceed further; as, if they did, he was quite ready to proceed with the Inquiry. The Jury. after a-very shnort consultation, said thev were quite Sathifiel, and teturned a verdict of-Not Gutilfy. It wa understood that this transaction, though clearly- not war- ranting a conviction againnt fheprisonerp, was attended wttit circum- stances indicating a state of manners and motals which we shoald scarcely have su.spected to exist in any part oF the country. Wi7lliam Toay or, a younz man of most respeetahie connexians, who had been a traveiler in the employment of ;r. Alderman Gar. ratt, and high ,n his esteem, pleadled guilty to five indictmnents. charginrg him with embezzling money received at Glocester to his master's use; and was sentenced to be t'tmnorted for seven vears. GLOCESTER, FRID.AY, AuGUST 27. -(UoJ'IE V. IIARtER.