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BOMBAY SUPREME COURT.LIEUTENANT FKWVICK’S CASE.The points reserved Lv the Court during the trial *• Lieutei.afit (.. U. r. Fenwick, and moved in arre-t oi JluIl;.uetiT, weie—‘* i-t. Whether the jurisdiction was proved as laid in th iixlii tment, i. c. whelher the murder liod been eeinndttc. within the territory oi a native Frhice in India, in ulhauci with the Government oi' Hmibav.'1\. Whether thtre was evidence to prove Lieut. Fenwicka British subject..'hi. Whether, as to this indictment, the Court had jurisdiction under the lifith Geo. III. cap. -r7 and whirlmakes the servants id' the Company, and all other oi hb Maie'UV uhjetts, resident in India, amenable to the.'I Si»v. The Learned Judge sentenced 1;im to one m » nprisoi.ment in the Count (kml.Marirar**! Haley was i.idieted for strai'mr. on the 2Vi of CoMiihi r, Rank notes and other property to the vab:' or ItVd.. in the d\\ eilitur-hoase of L hotua B »y, m the plt;nih ot St. lt;) a vi*. South wark It appeared in evidence that the prisoner was u servant to die proseeut »r. lt;hi the day mentioned in the indie* neatlr* prosecutor, whilst at chinch with his tamdy, left th ? pri-.ontT to take care of the house. W n*ti he returned ho*rieic f uml tin* street door up *tt, an 1, o.» entering, mU J t;ieplaintiff, together with Bank no’et* ami wearing apparel r-j the amount of |00| ami upwards For s*»me days m tliin^ eonlct be heard of her. A liaudhiU, with it reward, was published for her apprehension. A pol ce-olii.x-r, at Bristol,( »Mirt - of’ O • er ami Terminer, and Gaol Delivery, in the| ’ Brbi-h -ertlcmeuts in India, tor murders, felonies, \c.f f named Galloway, havmg seen the ha.idbilf, and recol!ectii.rdone by them in any ot the countries or parts ol Asia, th it he had seen tlie prisoner in that eitv, went to her lod --Africa,or America, beyond the Cape of Good Hope, Jo the alll| al|r.*t.en«!ed her, with the ijr-ater portion of ti, •Strait:? of Magellan, within the limits ol the exclusive trade » i, . , i .. . . , ,Of the .aid (A on pa.iv. ‘ I .......** U'M* htr- 11 aPP™red Hu. he had er pas.As to the liiM point, tho C*)urt held that there was no legal and admi-sihle evidence that the murder had been committed will.in the territories of a native prince, in alliance v ith the Government of Boiuhav. The treatv ot alliance with the Guicowar was said to he in writing, and that there could he other evidence of that treatv admitted, except the treaty itself, which had not been produced, and the evidence was not suUieient to prove that the Raj h of Lounawarra was in alliance at all with the Government.As to the second point, the Court did not think it necessary to give any formal decision, hut intimated an opinion that considered all commissioned officers of the Company a-having King’s commissions, and therefore as his Majesty’ssubjects.As to the third point, the necessary averments were notin tlie indictment. The Court therefore decided, thatLieutenant Fenwick should be discharged, hut took time to consider the mode in which that should he done.WINTER ASSIZES.KINGSTI)N, Tuesday, Dec 28.The Learned J edges (Burrough and Garrow) arrived here yesterday, hut no business was done except the reading’of the commissions.This morning* the two Courts were opened for the dispatch of business.Mr. Justice Burrough remarked, after the names of the Magistrates had been called over, that the names of the constables had not been called, and n-ked of the Under Sheriff the reason, as by law they were bound to give their attendance at the assizes.The Under Sheriff replied that it was not usual to summon them.Mr. Justice Burrough—But they ought to be summoned ; the law requires their attendance, and upon the present occasion I wanted particularly to see the constables of Moulsey *, all the constables must he summoned at the nextass zes.Mr. Under Sheriff bowed assent to the request of the Learned Judge.Fiie Grand Jurors were then sworn ; George Holme Sum tier, Esq.. Foreman.His Majesty’s most gracious proclamation against vice, immorality, and debauchery, was then read, after the usual previous proclamation commanding silence.Mr. Justice Burrough, in a low tone of voice, oberved, as we understood him, that there was but one case in the calendar to which he should call the attention of the Grand Jury 5 he alluded to the alleged munlct of a child by its parent. To the evidence on this subject they would pay every attention; the crime charged was so horrid, that the bare contemplation of it was painful in the extreme. His Lordship then raised his voice, and gave the following charge tothe Grand Jury relative to prize-lighting : —“ In the early part ol this circuit I had to call the attention of the Grand Jury of another county to a case of manslaughter, occasioned by a man having been killed in consequence of a pugilistic encounter. That case, however, was not one of an aggravated nature ; and from the evi-dencc which appeared before us, it was a fair fight, arising out of a quarrel. For the purpose of accommodating all parties, and insuring the observance of that day which ought to be esf♦ ially devoted to the serviceof Almighty God, and celebrating the birth of our Saviour Christ, we arranged that ample time should be given for the return of all parties to their respective homes. In that interim it was with great grief that we learnt from the public prints that the time had been devoted to purposes totally different from that which we had contemplated, by persons in the county in which we now are, and within a very short distance of this Court. I allude to the circumstance of a pitched battle havingbeen said to have I ecu fought at a place culled Moulsey, and which lasted, as U stated, for one hour and a quarter.— Gentlemen, after what had previously passed, is this to be endured ? Is such conduct to be tolerated ? It is well known to be contrary to the laws of the country, and must he put an end to. We are all aware that these fights are made tip for the purposes of indulging the propensities of the vicious, and encouraging the betting of gamblers. Even the men themselves fight for money ; and sorrv am I to perceive that even those wlio have some pretensions to the rank of gen'lemcnare found to encourage them. W ’l this he endured hv the^ *Grand Jury or the county, in whose hand the power of putting a stop to these disgraceful scenes is vested ? 1 say the poweris in your hands, Gentlemen, for it is one portion of your duties to inquire into all unlawful assemblies. That these assemblies to which 1 am now alluding are unlawful cannot be questioned. That those of whom they are composed have set public justice at defiance is equally evident. These fights areage f»»r Ireland, and was to have mailed next morning. The case was cl early made out. 'Pie prisoner, who was ba'hcd iu tears, said nothing in her defence.The Jury found her Guilty, and sentence of death was recorded.The Grand Jury threw out four bills of iudiefmeut pro. ferrt d against Mr. Thomas Wick, a tradesman of the Borough, for forgery.The ferry at Hampton h rented by a man named Henrv Snell, and on the occasion of a light at Moulsey the proceeds are of course considerable. About a vear since the right ol Snell to the exclusive profit of the ferry was invaded by John Kemp, a fisherman of Teddington. Snell therefore summoned Kemp to Waterman’s Hall, where he wasconvicted in the penalty of four guineas. In addition to this payment he was obliged to refund the complainant his expenses, which amounted to a guinea. This appears to have galled Kemp in no ordinary degree, for he immediately announced his intention of revenging himself upon his ;u'toss-ful opponent, in a rather singular manner, vit. hv lodging informations with a Magistrate on every occasion of a fi°duat Moulsey Ilurst, ‘ until’ the ferryman should be convincedof the propriety, or rather policy, of refunding the fine levied on Kemp, at his instance. From the period of thisthreat every projected fight has been the subject of information on the part of Kemp, until that recently fought between Jem Burn and O’Neale. The Magistrate selected by him from the many of his neighbourhood was, in each instance, Charles Nicholas Palmer, Esq. late sherifffor thecounty, who, acting up to the spirit of his duty, gave due orders to the only constable of Moulsey (Thomas Phillips; to prevent the breach of the peace meditated by the pugilistic fraternity, and informed against by the much-injured fisherman Kemp. Phillips, in each instance, sent the “rabble and bad men of London” (as Justice Borrough terms the pugnacious gentry of the metropolis) home to their families without the gratification of the anticipated mill. Phillips, carrying on the trade of a carpenter, and and having a family to provide for, was not displeased at being thus enabled to earn twenty shillings by the devotion of four days in a twelvemonth to the extra duties of his office. This claim for services rendered the peaceable portion of the community, although not disputed, has never been discharged, the parish of Moulsey charging it to the account of the county of Surrey, and ‘ vice versa ’ the county alleging that the parish should pay the demand of the parish constable. As Phillips had not received from Mr. Palmer notice, to prevent the recent pugilistic encounter between Burn and O’Neale, and was too poor to rob his family of a day’s labour, without a probability of remuneration, he did not impede the “ rabble and bad men of London” in their progress towards the renowned Hurst of Moulsey. Mr. Palmer, it appears, had not given the usual notice to Phillips to prevent the late fight, for the very sufficient reason that it hail not come to his knowledge -Kemp having declined in this instance to lay his customary i n form a ti on. This man had all along avowed as his object the restoration of the five guineas paid by him, at the instance and through the prosecution of Snell, the ferryman Oil the morning of the fight, Kemp, resorted to the greatscene of preparatory bustle, Hampton. The Red Lion and Bell Inns, in that place, were the respective head-quarters of Jem Burn and O’Neale, and in front of these aad in the immediate neighbourhood of the ferry, the yet unsilenced fisherman promulgated his intention of forthwith * spoiling sport’ by the aid of the Magistrate, if the parties * interested’ should not induce him to pocket the affront of bnell, and blink the threatened breach of the peace ; all was immediately in confusion. Mine hosts of the Red Lion andBell consulted and were consulted—congratulation was the order of the day ; and the result a subscription of 5 guineas as a c gag.* Kemp’s vengeance was appeased, and Mr. Palmer's repose undisturbed by an anti-pugilistic information—Phillips’s staff hung quietly over Lis mantlepieee— tlie Hampton Charon touched his pence—the fight was fought—and Jem Burn bowed the unwilling luck to tlie voke of O’Neale.Half -i'asi* Eleven.—The high constable and licad-borou«hs have been before the Graud Ju**v useles-Iv. no witness being found to identify the pugilists and theirnames of the principals ami seconds are, at least in the present sovereign was for,a-!, hv.t fa .* prisoner heiiv aboicase, within vour rc.ich. I am alluding to the light which (as . , / . , i r / i i1 learn from the public papers) is said to have taken place bo- locked Up, he Oi.eieu to letlirn me prosecutor t*the public papers) is said to have taken pitween Jem Burn and O’Neal, and in which, according toreport, persons called *k Uncle Ben” and •* Tom Oliver,” were the second and backer of one of the combatants ; and Harry Holland Tibbutt, tlie second and backer of the other. If ypu should have one witness before you who shall prove to your satisfaction that the parties were present, and y«»u will be justified iu finding a hill. That true bill will bring the’parties before us, and we shall then see whether their arms or the arm of the law is the strongest.” Ilis Lordship then observed upon the immoral teudency of fights upon the public at large, and concluded by urging the Grand Jury to active and immediate proceedings in regard to the sulject upon which he had addressed them. The Learned Judge, after the conclusion of his charge, recalled the Grand Jury, ami stated to them that it would be well to send for the constables of Moulsey, who might probe.bly be able to speak to the fact of the recent combat, and the parties concerned in h.Mr Holme Sumner, as the foreman of the Grand Jury, replied, that a message should lie instantly sent, and he had no doubt but that the constables would be very shortly before the Court.A short time before 12 o’clock the Jury retired for the purpose of performing their duties.George Young, a youth of IG, was indicted for fi*l minu-lv killing and slaying John Nixon, at Faruhniti, on tlie 10th of Novein her.It appeared in evidence, that the prisoner and the deceased were apprentices to a blacksmith at Farntiam. Tlwre was no proof of the circumstances under which they had fallen out, bnt on the day ahovementioucd they met to fight in Faruhani-park. Seconds were chosen, and after a fair fight, which lasted an hour and ten minutes, the deceased fell senseless on the ground, and died at ten o'clock that night, iu consequence of the rupture of a blood-vessel on the brain. Several witnesses gave ihe prisoner the character ofheing a quiet inoffensive youth.The Jury found him guilty, but recommended him to mercy, on account of his guod character.Mr. Justice Burrough expressed his strong disapprobation of pugilistic contests. He was happy, however, to say that tlie present cusp was.not marked by any of those circumstances attending prize-fights, which generally collected thousands of disorderly persons of the wor f description, firthe mercenary purpose of seeing two human beings fight in cold blood. The character given of the prisoner must weigh strongly in his favour, aud as, no doubt, lie would rtmenihet* with grief to the close of life the fatal effects of the quarrelwith his fellow-appientice, the Court would treat him withfrequented, it is well known, by all tlie rabble of London ; who, instead of worshipping their God and rejoicing in the jbcckers.birth of a Saviour, so recently assembled oi\ a day devoted to ] Nisi I'utts.holiness for the indulgence of vice and the subversion of order, j (Before Mr. Baron Garrow.)It is notorious that three pitched battles are generally, it not ( John Atu.rVlSa stomi f„r stea.in*, at Win.bieJon,’Jwavs. made up at puhiic-houses, and lor the encouragement )laU u sovcri.i!rrIi tl„ .uome.of William Harm*, or publicans ; who. on their part, are wry endy to promote ~ .such unlawful assemblies. Here, then, it is evident vou have . towcntor and the 1 viMiner were in company w.‘.i strong power, by refusing to renew the licence of aiiv ptibli- ; °thcr persons at a puhlit* house, whoa an argument took can who has allowed such transactions to take place in his j plttcc as to the weight oi the Prosecutor's dog*; the house. You have a right to say to thew publicans—‘ You * prisoner’s companion proposed to bet upon the subject,have done wrong, and shall not have your licences aitain.’ j and a half sovereign being produced l»v ;he prosecutor,There is also another course which yon may and ought to 'the prisoner took it off the table, ami’ out it into hispuiiin-. The combatants assault lt;nk-I» other ; you have the . p0cket : upon the proseiMinr (K'tn i’idiii-- Vh l-ior.ev(unver of “ md-.cting each of them for such npnult upon cue!, . b)K.k the p.^oner .,ive rvt- prnsmut'or a‘’button witli-‘ would also :iiivise md.ctmcuts a?amSt the sooonfs, , j sa5| tim „ s {!lJ ^ haijor any other part es ol whom it can be ascertained that they . . 1were aiding and assisting in the breath of the peace. The S’ivcu him; the prisoner was searched, but no hali-ibouttheamoney next day.—;M Ihe prisoner’s person a number of broken buttons wore found. In his defence the prisoner denied having ever take the money, ami said, that he was induced to nuke the offer to return it in consequence of the night being wet, he dal not like to be locked up.Mr. Baron Garrow shortly charged the Jury, who returned a verdict of—“ Guilty.”The prisoner being a verv old offender, was sentenced to transportation for seven years.Lawrence Loveland was indicted for stealing half a bushel of potatoes, value uiacpenee, the property of his master, John Evershed, on the 1-th of Novemberlast.—“ Guiltv.”Sentenced lo a month's hard labour.CROWN COURTs (Before Mr. Justice Burrough.)John Cope, William Jarvis, William Cherrell, and Henry Williams, stood indicted for having, on the 20th November, broken !• to the dwelling-house of JohnDFarley, at Ilcrshain, no person being therein, and stealing a wooden tea chest, value 2s. his property.The evidence in this case was presumptive* but sueh as convinced the minds of the Jury. The men were seen together about the house on the day in question; the tea-caddy was missing; one of the prisoners, had been observed with something bulky under his apron, and the property was subsequently found in difch near the place (where the men had been oWrvcffanconversation^, through the confession of of the prisoners during his confinement—“ Guilty ehe mouths bard labour.The bills against Wick, for forgery, were^lt thrown out by the Grand Jury, in consequence cfrh*i. of the principal witnesses, :
Newspaper Details
London Evening Chronicle
London, Middlesex, GB
Thu, Dec 30, 1824
Page 2
Full Page
Clipped by
Anthony B.
GB 23 Apr 2021
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