Imágenes de página
PDF
ePub

thorising the traffic to be on ac- spoiled; and by writing libellous count of alien enemies, he consi- sentences on each of the notes, dered himself bound to construe defamatory of the credit of the them as confined to private sub- Bank. jects, and not extending to alien Mr. Serjeant Best, who led the enemies.

prosecution, stated, that this was The Court were unanimously of one of the most malicious transopinion that the rule must be dis- actions which ever came before charged. The license was not á jury for their cognisance. It granted to any particular person ; was nothing less than a conspithe government must have cor- racy between two persons to ruin templated that the cargo at some the credit of a respectable bank, . period must belong to alien ene- composed of a partnership of their mies. All that was necessary was, neighbours, from motives of most that some British subjects should ill-founded private malice. The have a beneficial interest in the means taken to effect this purpose adventure; that was satisfied in was stated in the indictment, first this case by the plaintiff's having by getting and buying up all the the advantage of being agent for notes of the Brighton Old Bank, the purpose of the export and im- and demanding payment. As soon port. This case might be decided as this was done, running about without at all touching the decis every where and getting again all sions upon which a difference of they could, and sending them in opinion existed. They considered for payment; and so daily contithe case, in point of principle, to nuing this practice for a length of come within that of Robinson v. time until they threw back upon Touray. But if a British subject the Bank, notes to a very serious had not any interest in the adven- amount. But inconvenient as this ture, either directly or indirectly, might have been to the prosecutLord Ellenborough was then of ors, it did not stop here. By an opinion that the plaintiff would Act of Parliament, Country Banknot have been protected by the ers had a right to re-issue the license.

same stamp for three years ; but

these gentlemen, in a variety of The King v. Ilowell and Izard.— ways, so mutilated the notes they This was an indictment against returned upon the bank, that the the two defendants, who are stamp was spoiled. The notes tradesmen at Brighton, for a con- could not be re-issued, and consespiracy to injure the Brighton Old quently the bankers were obliged Bunk. The means to effect their to issue new stamps. Another purpose, as stated in the indict. mode was to write defamatory ment, was to buy up their notes sentences on the back of others of and to carry them in, demanding the same notes, so that they could immediate payment; by muti- not be reissued without defaming lating and defacing the notes, so themselves. The jury would namuch that they could not be re- turally be led to inquire what issued, by which the stamps were could be the cause of all this ma

lignity,

lignity. It was nothing more than by Howell, Izard, and persons what was a cause with some minds, employed by them, some of which namely, that the bankers had pre were cut, others torn, others dirsumed to ask for their own; they tied and defaced, so as not to be had discounted a bill of 50l. for re-issuible; others again had Mr. Howell, which lay over due writing upon them injurious to : for two years, and when at last pay. the credit of the bank ; and it also ment was enforced, Mr. Howell being proved that the defendants declared, unless half of it was re- had declared they would so act turned, he would carry on eternal in concert, the jury found them war, and, as a prelude to hostili- guilty. ties, he said, he demanded a Bank of England note for a Brighton M'kellurv. Bellamy. This was note, which he produced. From a bill filed against the defenthat time forward the system was dant to recover from him 4,9001. pursued which he had stated, and which he haid invested in the the jury would say, whether they Bank in his own name, though would suffer a respectable person the plaintiff claimed it as his proto be ruined by so foul a conspi. perty. racy.

Nir. Clarke stated the particulars Mr. Wigney, the senior master of the case to their Lordships, and of the Brighton Old Bank, stated, said, that the plaintiff was a gentlethat they had discounted a bill for man who had considerable pro50l. for Howell, which lay at their perty in India, and when he came house for two years. He had ac- to England from his estate, he was commodated Howell from time to recommended to the friendship of time; and at last, in February, the defendant, Mr. Bellamy, who 1814, he told him his partners rendered him many services, such complained, that at every settle. as looking after his business ocment of accounts they found that casionally, and once or twice asbill unpaid, and that payment sisted him in furnishing a house, must be enforced; in fact, the whereby he saved a considerable bill was paid by Izard two days sum of money; for all these serafterwards ; from that time their vices,Mr.MKellarexpressed many notes came pouring in daily.- thanks, and one day as they were Howell, and three persons em- going together through Cheapployed hy him, brought in to the side, the plaintiff went into a amount of 1000l. in the first ten Lottery-office, and there purdays, and shortly to the amount chased a 4th of a ticket, declaring of 10,0001. He once saw Howell at the same time that if it turned in the bank, after the 14th of Feb. out a prize worth dividing, the and had some conversation with defendant should have half, as him on the subject; Howell some recompence for the many said, if he gave him back half obligations under which he lay to the 501. it should be peace, if not, him. This share, however, turnwar ; but he left the bank before ed out a blank, and Mr. M.Kellar the witness gave him any answer. declared it his intention to go on The clerks then produced the se- purchasing shares, until he should veral packets of notes brought in get some prize worth their divid

ing

was

ing He accordingly tried his this gentleman could claim this luck a second time, and again money. There was no contract failed. Shortly afterwards Miss nor consideration; and upon the Bellamy, the daughter of the de- same principle this gentleman fendant, dreained that No. 5 was might have been made to go on drawn a prize of 20,000). This purchasing shares for 20 years, dream communicated to until he had the good luck to get M-Kellar, who was at that time a prize. Upon these grounds he in Scotland, upon business, and submitted that Mr. Bellamy had he wrote up to his wife to request not the smallest right to a single she would purchase a whole tic- farthing. ket, and at the same time to tell Mr. Dauncey, for the defendant, Bellamy to purchase a fourth of argued, that part of this money No. 5 with the money of the for- with which the ticket was bought mer prize, and to add as much as was the defendant's, and that it would accomplish that purpose was to his ingenuity the plaintiff from his own pocket.

owed his having got the prize; Mr. Bellamy accordingly, the and he insisted that his repeated next day, repaired to Messrs. Ha- promises were quite sufficient to zard and Co. but found that all compel him to divide this money. No. 5 was sold, and purchased a Their Lordships, however, de.. 4th of No. 27, which most cer- creed for the plaintiff. tainly was drawn a prize of 20,0001. Mr. Bellamy immediately wrote down to the plaintiff,

MISCELLANEOUS. telling him that all No.5 was sold, and that he had purchased a share Gas Light Company.-A special of No. 27, fully intending that if adjournment of the London Sesthe plaintiff had not liked that, sions was held before the Reand if it had been a blank, to have corder, Aldermen, &c. at Guildtaken it for himself; but some- hall, for the purpose of trying a thing predicted to him that he question of considerable importe ought to multiply his daughter's ance to the scientific world, as number in itself, and add 2 to it, as well as the public at large. It standing for 20,0001., and thus he

indictment preferred got 27, which was a prize of against Frederick Sparrow and 20,0001. and the letter finished, William Knight, laid in May last, by saying, you are master of and charging them with a public 4,900l." observing that at that nuisance, but postponed to the time he did not consider that he present period. On this occasion, had any right whatever to it. The however, Mr. Sparrow only apnext day, he went and lodged this peared in court as the defendant, money in the bank in his own Mļ. Arabin stated the indictname, and he now refused to draw ment, which charged the defend it out, and the money was accord- ant with a public nuisance, by ingly assigned over to the Aca means of a certain manufactory countant-General in the name of of gas in Dorset-street, Salisbury. the action. He (the learned Coun

square. sel) would be glad to know how Mr. Gurney stated the case ta

the

was

an

the Jury. He observed, that the of the manufactory was of a most question was one of the most vi- offensive nature. There was also tal importance, not alone to the a process of coke, which likewise individuals who were experimen- produced an insufferable stench tally engaged therein, and to the by means of tubes, which carried public generally, but more parti- off the effluvia, and was conducted cularly to that class of society, to the river Thames. This was whose fate it was to reside in the not alone offensive to the inhabiprecincts of the manufactory tants and passengers, but even to which was now so justly prefer- the bargemen upon the river, in red to the consideration of the that quarter. Complaints of the court as a common nuisance and evil were made on all sides, and public offence. The utility of while, in some instances, the most the gas lights none would have shameful inattention was mani. the hardihood to deny-its beauty fested; in others, the injured apand brilliancy were equally appa- plicants were received in a cavarent. The lucrative advantages lier' sort of way: and although derived from its establishment promises had been made of remewere, no doubt, very considera- dying the nuisance so bitterly felt, ble; yet, under all these circum- still nothing had been effectually stances, it was highly necessary done to remove it, and it remainthat the comfort, the health, and ed in all its pernicious force. the lives of their fellow-creatures An indictment, however, being were not to be endangered. The preferred in May last, by the ingas manufactory of the defend- habitants of the district, the de. ants was first established in Fet- fendants, it was understood, had, ter-lane. There it was conducted, at a considerable expense, adopted es now, by a joint-stock company; experiments by way of improvebut the inhabitants of that dis- ment. These, however, had not trict finding it necessary to have the desired effect, and the nuisthe establishment indicted as ance still existed in a minor denuisance, the proprietors removed gree, but still with such contatheir manufactory to Dorset- gious effects, that the comfort, street, where it was commenced the health, and the lives of the upon a more extensive scale. inhabitants, were exposed contiHere the process became equally nually to danger.

danger. Under these offensive, and in proportion as circumstances, he was convinced the system enlarged, so the effects the court would feel it their duty became more obnoxious and dan- to pronounce a verdict of condemgerous. It appeared, that in the nation upon the party, and if the present manufactory there were latter could not succeed in so far four retorts of considerable size. improving their manufactory, as Beneath these there were fires to obviate the evil in question, constantly burning, the vapour they must then abandon their from which was conducted by se- scheme altogether, however luveral iron tubes into a globular crative to themselves, or however vessel, called a Gasometer. The beneficial to an admiring public, smell which issued from this part with whom the lives, the safety,

and

a

and convenience of a respectable was an object as dear to thempart of the community was not to selves as their existence, inasbe compared.

much as the establishment proAfter several witnesses had mised to be one of the most lubeen examined, Mr. Gurney was crative nature. To obviate any proceeding to call others, when serious ground of opposition to Mr. Pooley, on the part of the de- their pursuit, must be, therefore, fendant, rose, and observed, that an object of vital interest. after hearing such a body of evi- Mr. Gurney, on the part of dence from the most respectable the inhabitants who had preferred individuals, and which he was not the indictment, consented that the at all prepared to controvert, it judgment of the defendant might would be at once disrespectful, be respited until January next, and a waste of time to the court, when, if the nuisance was not reto enter into a defence, and sub- moved, he would certainly pray mitted that a verdict must be re- the sentence of the court upon corded against his clients. He them. He had no hope, howwould, however, beg leave to ob- ever, that they would be enabled serve that the defendant, Mr. to effect the promised improveSparrow, had little or nothing to ment; for the apertures from do with the concern in question which issued the foul air, the exuntil the middle of March last, tensive fires, and the consequent and that the evil complained of bodies of smoke, were connectwas rather before than after that ed with the very nature of the period. This gentleman had since establishment itself. then manifested the most anxious The Recorder shortly addressed desire to remove every ground of the Jury, and observed, that it complaint, and had gone to a only remained for them to promost enormous expense, in adapt- nounce their verdict, the justice ing plans for that purpose. Some of which they would be satisfied of these had succeeded, but for with when he read to them the those other improvements that opinion of Lord Mansfield upon were meditated, he contended the question of a nuisance. This there had not been time. In sub- was delivered in the case of two mitting also on the present occa- men who had commenced a chesion to a verdict of conviction, mical process in Whitechapel, the he promised, that the evil com- effects of which had caused noxiplained of should be most effectu- ous vapours and smells. On that ally removed within a given time, occasion his Lordship held, that and trusted that the court would it was not actually necessary that forego judgment upon the party the nuisance be unwholesome, or until, at least, the Sessions in Ja- tending to indisposition; it was nuary next. Mr. Knight as well quite sufficient to prove, that it as Mr. Sparrow, should plead to rendered the life of any indivithe conviction, and both gentle- dual or family ancomfortable men would adopt every means The defendants were then which art and money could effect found Guilty, their recognizances in obviating the nuisance. This ordered to be respited, and them

« AnteriorContinuar »