Court Of King's Bench, We...
The Times, 1824-11-26T00:00:00

'Ur. UHITTY movMe tor a rule to show cause why two pleas of autrefoi aCqtzit, put on the record in two prosecutions for keeping a common gaming.hou8e, should not be taken off the file. In each of these cases, the plea was not pleaded till the 15th, and yet pur- ported to be filed on the 3d of November. In one of the cases, the affidavit suggestd that the acquittal was obtained by collusion, and, indeed, that the prosecution had been Instituted for the purpose of being used as adefence against borc fid proceedings. Ir. Justice BAYLEY, who was the only judere in Court, said, that they couhl not try the question of fraud on affidavits ; but that, on the other ground, a rule to show cause might be taken. FOX V. DODD. Mr. Elsatm, the attorney, whe was directed to attend the Coart this day, for having attempted to obtain their opinion on his title, bJ procuring this case to be argued, now presented himself to their LordEhips. The LORD CHIEF JUtSTICE said the Court had reason to think that some of the facts stated in the special case, framed to raise the point on the construction of the will, had not really occurred. This was a procetdingof which they disapproved; but before they said more on the subject, it was riglht they should ascertain what steps had been really talken previos to the engrossmcnt of the 7ecord. For this purpose the case should be .eferred to the Master, on whose re- port they could express their opinion. MIr. TAUNTON, on behalf of MUr. Elsamn, said that gentlenian had made an affidavit disclosing all the facts, and was quite ready to lay them all before the Court. The LORD CnIEF JUSTICE, however, thought the mattershould go before the Master, and it was referred to him to report. TU1E KING V. RUTTER. The AT rO5tEY-GENENRAL prayed the judgtment of the Court on the defenclant, who was found guilty at the last assises for Kent, of an assault on two revenue officers. He, carrying on the business of a publican, was convicted in a penalty of 501. for some offence against the excise laws, which was mitigated to a smaller sum. When the officers came for payment, he encouraged the mob to insult and ill-treat them as common informers, and they were ac- cordingly received with opprobrium and violence. Affidavits were now produced, testifying that the defendast bore a geod character. *The COURT, adverting to the circumstances, sentenced the de- fendant to pay to the King a fine of 20!., and to be imprisoned in the gaol at Canterbury for three calendar months. IN THE SIATTER OF STRATTON. Mfr. WILLIAMAS moved for a mile, calling on - Pellv, Esq., a magistrate for the county of Essex, to show cause why a criminal information should not be exhibited against him. He made this application at the instance of a person named Stratton, who, in 1821, took a house, with a view of fittinz it up as a place of entertain- ment, at West Ham, in Essex. Having expended a considerable sum of money in fitting up the premises, he applied to the magis- trates of the district, of whom Alr. Pelly was chairman, for a Ii- seuce. They refused to license hiim as a publican, but granted him a licence to sell wine and spirits, and directed him to enter into an engagemeut not to sell porter or beer-a lieence which was either nu- gatory or illegal. Under this licence he opened his house ; but cx- periencing great inconvenience from the necessity of sending to other taverns for beer and ale to supply his customers, he petitioned the bench to take offthe restriction. It was continued, however, till Sep. tember,1823,when he applied at thesessiuns, but was told by Mr.Pelly that he hail been selling porter, and his prayer was rejected. Again, however, lie applied at the adjourned sessions, when AMr. Pelly was net present, and Ilr. Popplewell presided, and the unrestricted li- cence was granted. Under this he acted, and having transferred his custom fromu illessrs. Calcraft to Brookes and Co., who were brewers carrying on husiness at the spot, lie greatly increased his trade, and sold 300 barrels of porter in the year, which was chiefly consumed by parties who took it to their Own houses. At the ses- sMons in this year he applied for a renewal of his licence ; but Mlr. Pelly told him he had been selling porter contrary to his engage- mcnt, and thatliis licence would not be renewed. He applied to ihe clergyman for a renewal of the certificate whiclh he had ori- ginalyv granted, not because it was necessary after a licence nad once been obtained, but because he was anxious to be provided with the best testimonials. The reverend gentlemran replied, as the fact was, " There is no complaint against you: *o YOU personally I have no objection ; but I understa.d your licence will not be renewed, and tlherefore I shall not renew my cer- tificate." fie then applied to one of the churchwardens * bat here he received answer_... I have been solicited for East (a pubGcan re- siding opposite); but 1 wvill sign for neither; I will side with neither party: yet tbe chureliwarden did afterwards sign East's certificate. Mr.Stratton thenaddressed theconstable ;but he saidit would not be prudent, and he must decline interfering in the affair. Meeting Air. Felly in the street, he inquired of him what objection there was to his conduct ? To this application that gentleman replied, "I have no objection to you; but you know property must be protected." At the adjourned sessions, Stratton again begged for his licence, and stated that he had laid out 4001. on the premises, for whichi he produced vouchers; upon wvhich Mlr. Pelly exclaimed with warmth, " I am sure that is false." Stratton urged that he had his stock to dispose of, and had lest part by the floods; to wliiel answer was made, " lhen you have less to dispose of." .'ir. Pelly, in shlort, said he had sold porter, and therefore the licence ought not to be granted. Air. Justice BAYLEY..-And he might honestly think so. He might think that Stratton ought to haye a licence to subject his house to the visits of the magistrates, and vet that there was no occasion nor roorn for another public-house oni the spot. Mr. WIrLLIAaes.-Buthe said, "'Propertymust be protected." Air. Justice BAYLEY.-That is the only expression which could make me pause. But had this gentlernan anyproperty or interest in anothter honse, or connexion with brewers P AMr. WILLIA.Ms.-He is lord of the manor of IVest llam; and East had a public-house on that mtanor exactly opposite. Besides, this East was heard to offer to wager that his liccare wMould be re- newed, and the other resisted. MIr. Justice BAYtEY.-Amrd might not this be done honestly? Might not Mlr. Pelly see that if another house w ere introduced, both l rrust be ruined ? The LonD CHIEF JUSTICE.-You must go far beyond this be- fore' we can grant urule. Mir. WIrLLIAMS.-This man has no remedy; the Legislature has given a very large discretioni to the magistrates. The LoUD CHIEF JUSTrcz.-They have thought fit to do so, and we cannot interfere unless you show corruption. There is no- thing like corruption shown ; but this man procures it licence behhrd the back of 1Mr. Pelly, which he couldl not procure in his preseirce. Air. WrI.LLArs took nothing by his motion. The COUILT sat till near five o'clock.' COURT OF KING'S BENCH. WESTNITSMETr. Nnv. 25. THE Xl'rG V. JOSrAH TAYLOU.