Law Report.
The Times, 1824-02-17T00:00:00

-jtr. Y!ATTi5OW'Stated .iliat tsis action-was lbrousht to. ecco'Ytr mnoney haa ~fn4 rl~v~cd- by'h defibdan-t ie plaintiftia use : to whc the.defendiant h;sd pleaded ttte general issue, and given notice. .of sct-oj7'for noniespaid,,atId for fhe.-use anid oc&epatien of a hoso~e and sala5les; r.C. PFILLa-ias opened the ease of the plaintiff, who0 he .Te- ~rtted rshoulId be driven t6 bring thii ~ajuse intoaa icourt of justice Vhedennt.was a geittleman who hiadillffed the office of. shieriff, Irwho was better known a^,. Air. ex-Sheriff Parkingi than by the appel- latiosi he received at his baptismn, ",not to whom argued oneself unknown," and who, havinig nio businiess of. his own; kindly offered his services to perform thebusiness of every, one else.- The defend- ant also was knownl to famne us the victim of a false char-ge, whose uimneriteit suffeirings hadl strongly excitedl the wrmpathy-of the Eng- E Cusv.Ca JvrSeE asked if it wvas not possible to set- tle this cause and thje next, between the samac-partiea,-eut of court? Mr. MAlAnnYAT, for, the aefendant,said bliebd no e~bjection. Mlr. Pn rasre.ss'said, bie1ad recived iereinptory instructions not to refer, arid proceeded. When itlr. Parkins, ever- alive to the chiance of' obtaining popularity, founid thtat subscriptions., were ad- vanc ing, and saw the means. of gratifying his favourite passion, hewoeto thatt victim of oppresson to come to England and elected hiimself into the office of treasurer. This pnr mnan's-heart had been long frozen up by mnisery;I it warimed at the 1rays ot'bene-. valence now breaking out ; and every vein of it burst forth at the professions of this friend of the poor. They were indeed a happy! couple : Parkins was to get character, and Byrne was to get money -the two articles wvhich bathmost wanted. (A laugh.) Mr. Parkisr ir!oposed to do great things for the plaintiff'; he said he would buyv idm a coach and houses ; and seemed determined to set him up as a perpetual monument of public gratitude., and of the benevolence of the ex-SherifF. The bustle thien incr~eased ; placards, dinners, meetings went merrily hon; Mlr. Parkins was forced to -eat till every one wondered h was so full, andl then. to speak titl every one was astonished to find himi so empty. (A laugh.) At last the aay, the sad day of rechoningrame; anti then it atppeared thiat Mlr. Parkins was willitig olnly to Perform one part-of his dtuty-.that at'collecting-but hbad an utter aversion to disbursine: he ned re.- fused to pay the balance in-his hands. andI forced$the-pl~ibtifF to bring thisi action. After somie further observations, thie learned counsel proceededI to anticipat-e the set-off' of which the defendant had given notice. Part of this was for niontey.wlilek the plaintiiffhad rceved, and which the defendant woutld of course allo-w-pait for advertise.. ments, which were more cal~til4ted to set fortlithe bernevolence of the ex-sherifft than to serve thie cause of Byrrie-gorme for ntews- papers, containing Mr. Parkins's own speetches, to be sent to hispi vate frienids-and one item of 51L fsr a pamphlet in defence olfM. Parkins's character-not too much;certainly, for such anole.ift was eff'ected; butfor wbichi noor-Byrnecould notwellbcexpecetpy There was-yet another iteiui moreiinportant and mnorir extrariay --a claim of 491. 4s. for renti, and,2K9s. 4d.- for taxes ofahoean stables which Varking pretended-lie had let to Byrne. The truth was, that Parkins put Byrne lnorean eaipty, house to let it for him- andi turned him out as 'soon as a -tenant was procured, at ady wagrning: an o esuht to ffhange himi into a tenant at 1041. year.Was any thing ever heardl ofso mionstrousa uh li aantaman, utterly destitute, with a starving famnily, of seven children, and afflicted stfi with the effect of' his sniPies-iogs ? How could he paya renttlike this charged? The whole was a candaIrtus afterthoughit, andI he trusted would be treated as it nierited by the jury. .John Scott was then called, and said, I was in the employment of Mr. Parkings; I left him in-thle beginnihg of 1822, and returned to hiim the latter end of Setiteniher or beginning of October in the same year. The first week after mv return, I hiad a conversation with him respecting 3ynise. He Yoluntas-ily, observed to nie thiat the- subscription for Byrne was going on wonderfully, and that he then had above 3001. in bishands. After this, subscriptions camie in ; one of 51. frosm Sir F. Burdett. I have frequaently seen Byrne and -Parkins-together, and heard them tailk about the suibscription. I heard Byrne ask Parkins far money in January or February in last yedr, in the presenc-e of Mlr. Walker. Parkins saidt he would dispose of the money a-s he thoug~ht proper, and would obtain. for him a stage in Pimilico. Byrae said be wanted the money, and hiis in- tenition was to establish a peiblic.'house. Parkins refused to let hutn ha-ve it., r ne-r" beatrd Parkins state that livrne was indebtedi to bin,. Mr. Lemoine was clerk, to Mr. Parkins. I recollect Bri- tisld '1'raveller ncwspapersi, between 50 andl 60, being bouglit in 18 ,22, and senit off into thie coun.tvv to Mr. Parkings's friends, wvith a uiark nut against the report of the dinner at thie Horns. I wa-s at that dinner, whichn wa-s held In aid of thec subscription, and at whjicli the def'endant and others mnade speechesi. Cross-exaniined by Mr. MARttYAT.-Air. Lemoine kept an ac- count of'subscr-iitions. I never looked at it. lonly knew of one of the partiest to whom the papers were addressed being Mlr. Parking's personal friend. I do not k-nowv that Mlr. Cobbctt promoted the dinner. - Mr. William (1obbett (whose name earited considerable sensa- tion) was then called, and examinedbhir Air. PHisirai's. He gave evidence as follows :-I knowi the defendtant, Mr. Packins. I have hadi several conversations with Bvrne, on the subject of this sub-. scription. In September, 18322, blefore the arrival of Byrne, I con- versedl with bhins. Mlr. Parking told mue he had written to Dublin to propose to transmiit 1001t. to st4ine newspaper eitor. I expressed miy surprise that he could veniture to send so much: hle said he had then about 1501. Early in Novemnber, 18221, I sawv Mlr. Parkins, and hi- qluiredI howv Byrno.was living: howv he maintainedt himself'; and said I knew a farin lhouse in the country whiere I couldI place him and his paye ot ofm owndI01 pocet. sidr Poiking of acac ad torthsesai, say.ve %a yriie woask lyivin inaombuildinglofisis.H which woul Spcsnbem.no thin a; hie walso tobjaieteddtogvei to Byrn'-onreto on, bautone, toen- abe could ntgo aboutn with agins tor pubifousetlaths famil woere huilyp aenderaise whl m oney. frDm;adnvrcneiWt hti Crsossbeaminpoed by atMr. ParknsA's lwre-WhnM.Ptiar poed to1r serknd 01si coaidgt e niothing of Aavcoach3 andhrse,I givi er a-roteeen askhBrne to bl come toe stnbland of-he camue inheptember.fa arovice wami toBraie301 andve toiverit to Byrep alvr-taonce, toen abeyc himrdtofbi ife apiationswpron for hofound t oath tanfamily vere igl riespecabeper,sonnrs.eMr.`Arkiunt had mobsreieteonsrcivedve fo in- tendefite whoes morney" for rne;and. nhevernountemplate Ethat itb wa tiobe dispoe of1 atMrd. Park ting'5s plesu asre- xvdpirt Cath Roerin Byre,l tsaidauhe of thve plaainretif said, she retollecit- edMr. Parkins omn g toe hubert moftheir in Mact', 1a,H alway giv minhe te thaper The hdreces illd onsthe sable mofrte thaus here;d Wher a Crs-ed ame idneot.give Byneve tihen suptos keea lieystable. She never hear.d ofve he aplctoundreltohersoneyfo thorsbes oias rund livey. Thei i papr,m hidoswie nd cnAuiiret? ofuriptioske recime ifo theha brviedefi of.achalhresyn" fwor Brnea.Th amoudngt of tgh6 rish ub scereptieiis waso ;Ol Isd hav dofi btter 2f]. h1s was ecive prkicre tof Oc~tobler,12s al h.etafewr" Mr.sobertmBell sad. Ihave AAtRYdAa grethmany h conversationsit abou tarin moneyimi the sjet of thisrubaryi,iton.the algiwaysadmit ted tatche ithad verecie osdrymoeta epi.We [ hiske why thesedi forth ie Brnea thesrls,hfad, D o thin 3It woulYAiv thdresudre the juoney, thedenatL heecrun-aa plithei ofro theinrdcinotpcs w hfoadchlre lvC etaskedohi if the adse providedr a coach sendtoss for Byrne,i was ordihon tohatheha promi- mtiedrepled subcrpto;iihvsdnbte for thhupscfaqirizeisnotorking car ofin Crlfss-examin tedb conr.r- heappeYared thinkbthe act onvration abrouththewmoley trn-astion ten of ebrady,e osrtdo the peginin of Marhe plintif,that ye r.Paknhdrcie W buontept whir. Mit appe a dre ssha ehd the iuey forl -L theoefndn.- ie ckom-n phelainedofbtheintrduton,h igi otopiks wolslyetanbout to te canust e, and of refecions entpireyuspotd bytolva h proof. It was not prved, u grhat der. norkins secknt foreriihc Byrne; tws o hwnsth at her hedpw proedthe subscriptions for th enpurOnhssube ocquirin notor ietow thimt -helf' hut oner sthbet,ntandryheqauesred torkishe ated obtan himcs Lbthoh ther whs oleee transprsetaction.,thdbe whchseredinte partugof oahrfo epupspf% yn the defendant tan acouitts utinipnif' ng evrate,fo wichit. apeardi ha heohn rtceved-waonmly ove11 bythough Prekoirg fo.theIrh subsriptieon hoeongh talkriploose abnu theepn accounts be- iyng probaby oqatu1,all 30. TNwhere would a howkdistinctly that. '~hrPerkinshD pid irJIST only allite mne hehadtruciviesd,obuta grfeat dealmr , c rekonin rhr hc yn wst a o h plremisesmwicnle hAd gaeneal.0 One fthais subjet,he wosed sow thatvi Thepreitnesswere foirly worthe gccuineas at year;tthat they hadms bheeenfrmerl letaresforthatspm;and-s tavetisRyrnetrpsed tone pacdupy thr,,em paslvr tables, and oh r equn-es tendarnt ato otain huscimtcus- toes lie shoudir Parkins,complthey estabih hfsDsetmoer, and showri thosat there wsndeee to aothe21 presentBy aton,cwhichseed thtblougs ratdheforuse pf oerf varilifyin theo defendantntha nil oetaining asre LhewistJohn wlat rentbe i- was em ploy.hed said Pe rkldnst frthell n p repo lfciledtahe oinghsubscripionsz and keepwitng advoisfer ynie,nfromn Sit. nor 1l822. Theliaferewars ba-dstocekete thereofBice- whthe Loiul, beis JslTould ay, L e a onWhatim wusheds doe thaea Mr. Paerkinsew-Al gnetray im Ilce doidnt,ingipthe casversaotmli- Thae sitness theooke atpU theaccount,u ari went oPerkn thet items padthere oneyhares praynewspofphis, fivraiy emenia, molon ies Paridnt Byrn, edhsprsavers. n te xeeeitnato h usrpin an-os o r. PHYLR arkied fo ltwoer tohthe wtnes, whil hked iitwasil tnheidefendawitnt' gmp~. trb a enteesm ie yn akdThie witness hadmtte rnt ie was;btbge to ayhexpsaid thecoudyno tal. -Byob epiedtht h. is~t o kow cargd thet witessa mavied him t askMr. Prkin. Ha-aid seicoldr todnohopportunity ofe ienionig i, no shuld e. e ateratdshad stocktheret. Byrnopedi whathe wuld,he soul payit. e atonet ime wihed wtonhav oa Mr. Prkin w.,ld no payhim.lie id not inth Panvrsat wondt The witness continped._Twas emplo= iDm 'oingafterthe tin boxe& where tlhe money Rirs kept. I'. Dtriins had a gsuenal of1ed for business. - BYine hjtI r so-Mrri4Oi ot horss-on the premiges. I ntrer saw bills ODithneiremises. 1 will swear I did rot-compos'e ?h letter myself, which i,sayl copied from Byrne's dictation. ' Byrsie some.. timnes offlred to- geo on errasids for earldns. 'I was exinplyed -li Byrne's busiines ti-am te in te morning till sotitites Oight or. nin6 aLtrnaglL --*~- eenrigtll Mr. Richaid Henry Taylor sidhe weasi clerk in 31r;- parkit's service; and as iuch 6Ocasion]ly paid mo,ae to Byrne, wbich been_ -teted intfie day~b6bk - r - It ways here-admittd that Byrne bad Omec,cved , -wis ftom ' he entr eelnedG tostMte,-hkt he-iad beard Byrne sar. tbat he entered into Il.. Perkins a pretzMises fqr 'th'e' purpose oF tkeelDig livery-stables thire.e Het quetsd MI Parlans t&o rtejetaers t* persons to commit theirho teistbbhis-&rT, and tNe wsithesx'iote such ]ettershby, Air. Parkin's or'i~r. Mtatly smsU sums were paid ion Kytn-e'sa ccaunt,-lldasms thte 2}ka'week,'bIst he ,slould not aseify them all. e- - a . - S '.*t__:, f,;, ,305CI*,}>OtSer ,deTk d: tfr. Paikins,^s.7lr0vea. wWiiint ef~- IAsaSSMf the press goccupied by.Byrne, dusing his rcsidence in thbem. Byrue go.erh arid hay, fo;the -ppyose Pf taking in horses - , nir d?._Mr..Parkins had one regular and two irrcgiilar dlerks. er. lEibert waS the irregular clerk. Tbe witness was valet and brother.n.lsw to'Mr. Parkins._(A laug1h.) Joseph. Stevenson . aid- le knew the premnia2s in Riding-liotise- lane. They were let at 90 guineas a vear; Byrne occupied them aboat six nonths. There lIad been offers since for pert of the pre- mises. The Royal Exchan,e. Insurance Compally would h4ve oc- eupied them at the rent of 90 guineas ayear, if kr. Parkins would have granted a Ileas; but he refused. CrosI.eXamiPd-j:lr Perlins had kept wild horses at the pre- mnises, but not while Byrn lived thiere. Charles Swift pro that he was employed by Air. Parkins to make outethe account in Byrne's affairs, for which he received 101., but for which Parkins charged 31. JOs. Tre witness conveved to Byrne a message fron. Parkins, directing him to quit the premises, to whiCh Byrae replied, he should go when he eould find another place . A newsPaper was produced, in which 51. lOs. was charged for Mr. Swift's services. i erayls Elizabeth BerrD, Mr. Parkin~s'landlady, said, inPFebruary last shlae sainw Bydrensej aet his lodgings, and gave him 41. in silver, by Air. Henry Hlerbert state that he made several payments to frs. Bvrne~, iaying her21. per week, seven weeks., till the 4th of August Frederick Schultes was called, but did not carry the case fartber. John Thomas proved that in Nov.. 1822, he applied to Mr. Par- kinR for the premises in Riding-hon.se-lane but did not obtain thern. Henry Goodmain proved lie made five dozen of tin boxes to hold subscriptons, for which he wats paidI 21. imr. Taylor. being recaUled, said he had known Mlr. Scott some time, and wouild not believe him on his oath. On cross-examination, the witness said he had been a silversrmithl, and aftersrards a clerk. He had 50 guineas a vear with Nr. Par- kins, and boarded and lodged himself : he now ived on nioney ac- quired by his labour. He had *written for The Journe? of Arts and Solenecs. Mfr. Newton had Paid him-two guineas. The article was, tin the Sciences generally." IA laugh.) Mlr. Swan said he had prifited two sets of 250 placards eadh for Byrne's slubscription, for 11. 2s. rid. Mr. Park-ins employed and pai4l him. AMr. ?edler, clerk to Brookes and Co.. of Chancery-lane, said ubsucrlpigns were paid in to the aniount of i141., which was still in the -hands of the firm, to the account of. Mir. Parkins for Byrne'a subscription_ This was the defendant's case. - In reply, llIr. Charles Mlaver, a surveyor, was called, who said he surveyed the premiises in January, 1823, by Xfr.Parkiels's desire. Byrne wia2s then living-in one or two rooms over the stable. with hls fanily. BiUs were on the coach-house door. annout,cing that the premises were to be let. Ile heard fromn Mr. Parkins that Byrne w.s put in to take care-of the premises. He also said he had brought Byrne over from Ireland. For-the defendant, a letter dated Dublin, Sept. 4, 12, from Byrne to Peuktns, was read. It expressed gratitude fir the defend- ant's exertions, and begged him to continue to receive:inbscriptions. - Mv: Mlayer was thenl asked, on cro5ss.examinaclon, whether he did not tell Mi. Parkins he had been offered 25,0001. to settle with the Princess of Curnberlanid The witness denied tbe chatrge, and said, ikr. Parkins knew much more than he did nbout the Princess tf Cuusberland. (Much laughter.) Alr. Ednl1md Dennie said, he went to the house in Riding-house_ lane, when Byrne was there, with a view to take tbeni, and was shown over the premises by him. Byrne went with him to Parkins's. A placard and the mnmuseript of an advertisement were read. Mr. 31ARrtYAT made a few observations on the evidence in replv. Air. PHrr.r.ps replied on the whole case. 7n the course of his address, he asked if his witnesses were periured? To which Ur. Parkins coolly replied, "1 Yes, they are," and brought on himnself strong animadversions of thelearned coansel. The LosD CHIEP JUSTICEysunimed up the evidence. He said, the first question for the consideratiou of the jury was, how much the defendant had received, Ile, on his part, in a minute statement, made itTather more than 151, wvhereas the plaintiff fixed itat 3001, relYing on some expressions of the defendant. Now, althoutali the defendant no doubt made use of the language imputed to himby the witnesses, yet the jury would consider whether it was not the mere loose and idle boasting of a man determined to magnify hiineelf and I a cause which be had undertaken, on which it woulsl 5be dangerous I to act. 'he next question for their consideration xras, how far !Itr. Perkins had discharged himself of the sunms comtrnitted to his hands. The items, beyond question, consistinig of nioney paid to Bvrne,andc of expenses incurred fairly in advancinm the suibscription, amounted to 81L 91 O hOd.: th e disnuCed items, including the rent. to 631. 1ls. d.: so that if they took the sums received at the lowest, and those paid at the highest estimate, the balance would be Just turned in the defendant's favour. His lordship then observed on the item of charge for M r. Len sine's services, and the rent and taxes, leaving to the jury to consider them, and stating, that if they toolk the sum lpaid at 1l11. Bs., and dedlucted these, the balanwc would be 651. ls5. Sd. ; if they took the sumns receivedat 9001., the balance would, of course, be greater but this larger sum rested only on suhb loose con-ersations as perhaps they uould scarcely act on thoUgb they' had doubtless passed. He left thc whole case to the jury, and was sure they would take it as a common account between the patties, iiithout regard to rhetoric on the one side or the otber. The iurv retired for ten minutes, and then found a verdict fer the plaintiff-Damrages 1941.4s. 4t.d. The trial lasted till nearly 8 o'clock. . . .LAW. RT. - - . 1.cO 'Wi F T;flAtWtt xiS -Xi;. l& : I - .- .t - . AYANW V5 PARi,INs. -