Star. — London, England, 1801-02-19 00:00:00

lAI ELI. IGENCi;. ISLE. OF PLY ASSIZES. ED PI) C II tI, Efil. Tueidai, Ftb 24, at Ely. NORTH, WALFS -SPRING CIRCUIT. TIIOIIA , M. PII• Efq. Pol TA , 2, FIT Anylch-c—Wcdortilay, alarch is, at Beautnack. Carnarvonthirc—*Nefe2y, Much 31, at Carnal von. hicrionctlithire—Monday, April 6, at Bala. DRF.CON CIRCUIT. The Honourable Gcoacie Ilaanticoz. Ant , t • !EY, Efq. Pretleign—Monday, March 23. Br, can—S . 4l,lMay, March 28. Carilit—Saturday, April 4. COURT OF COMMON PLEAS, FEBRUARY 17. AYLEWIN 9. AIREL. This was an aaion brought to recover dftnages for the breach of a warranty of the foundnefs of a boric purchafed from the Defendant, which turned out to be unfound. and died loon after coming into the hands of the Plaintiff. The evi dence was curious, merely from its extraordinary contrariety. The witneffes for the Plaintiff Rated rnaft unequivocally that the horfe at the time of the purchafe was alili4led with the fame diftemper which terminated in his deathovhile thofe for the Defendant as roundly afferted that he was then in perfeft health and high condition. There was, however, this difference, that the Plaintiffs wit ne(fes ..trare their teftintony diftinely and circum- Rantially, while thofe of the Defendant fpoke un der circumftances which tended materially to in validate their tellimony. Lnrd Ecnow, in fumming up the evidence, ex preiTed his indignation in the warmeft terms at the manner in wtssch evidence was generally given in caufes of this nature. He added, that it ever had been and ever fhonld be, his firm determination to avail himfelf of the firft opportunity that fhould occur of infiiaing a ftsitahhe puniihment on fuel) witneffes as came forward for the purpofe of con cealing or perverting the trnth.—Verdid for the Plaintiff. • • COURT OF X 1 t,'• BENCH. FEBRUARY t 6. WHALITs 1 V. •OVTHCOTT, sAIT. This cafe occupied the attention of the Court and Jury a great part of the day, and therefore we can only give the outlines of it. The Pleadin gs were opened by Mr. Raise. The ATTORNEY CERIUM Rated to his Lord- Stip and the Gentlemen of the Jury that this ac tion was brought by Mr. Whaley, who was a Gen tleman of confiderable family, connexions, and fortune in Ireland, againft Sir John Thomas Southcott, Bart. to recover feveral fums of money which were owing to him by way of Loan, and alto the price of fiveral horfes that had been fold to him. The whole amounted to 17881. 191. 7d. for which Sir Thomas bad given Mr. Whaley a Warrant of Attonky, to confers Judgment, and on which Judgment had been entered up; and Sir Thomas being a prifoner on that account applied to the Court of King's Bench to have the proceed ings ort that Warrant of Attorney let e Warrant ei Attorney itfelf to be delivered up— and be hinsfelf to be itifehargod, an Ratting cum- 1 1 mon bail. Sit Thomas made that application .to the Court on the ground that the confideration of that Warrant of Attorney was merely won at play: and if that was fo, the ATTORNEY G admitted that his Client could not recover. Af ter this Wane& had been laid before the Court, confiderable doubts relied upon it, and therefore the Court, wit:* great propriety, referred it to the eonftderation or a Jury. They ordered that an &Rion fhould be - brought on the original demand for which the Warrant of Attorney was given, Ind which confifted of a variety of films, amount ing in all to 17581. los. 7d. When fums of mo ney were lent between parties who had a mutual oonfidence in each other, there might be Tome dif ficulty in making out a demand in a Court of, Jußice luxe parties in fuch a fituation might not be fo firia in taking regular vouchers. He fhould produce an account, which the Plaintiff thought was loft when this ballads was before the Court of King's Bench. That account comprehended all the items for which the Warrant was given, and was regularly figned by the Defendant. He (hould not tell it on the account Rated alone, but he fhould be able to prove that demand alto by Being witncties, on whole credit it would reit that fcveral of there films were advanced by the Plaintiff to the Defendant in their pretence. The AT TORN L It GENERAL Rated chiefly what each of the Witneffes would prove: Mr. Prefiott, the firft Witnefs, proved the fig nature of Sir Thomas Southcott to the account, &c. Mr. Cox, an Irifh Gentleman, Paid he bad teen Mr. Whaley and Sir Thomas Southcott together in Mr. Whaley's bottle, that they appeared to be acquainted, that one day after dinner at Mr. Wln.lcy's, he recolleßed a meffage fent by Sir Thomas to Mr. Whaley, and that Sir Thomas himfelf came in about half an hour. Mr. Whaley ' then went nut of the room, and returned with tome Bank Notes in his hand. He counted them over, and then delivered them to Sir Thomas, when he counted them Mr. Whaley Paid they amounted to 5201. or 5301. Sir Thomas laid they were very riglit. Some of this Gentleman's evi dence die' not accord exailly with one or two parts of the Plaintiff's affidavit. Mr. Jefferys, the Member for Coventry, Paid, he witneffed the execution of a Power of Attor ney, and alto ot a IVairant of Attorney, by the Defendant Sir Thomas. That was in Auguß or September 1799. Mr. Whaley called on him, and reTiefled that - he would give him five minutes of his time, by calling at his lodging to vritnefs the atfignment of lumc property. lie law Sir Thn. i oia•. Southcott fig.i hit name. At defire of the Plaintiff, he afked Sir Thomas if he knew what he was fi:Tning? if he had received the comidara. tion? and jibe was latisfie.l? Sir Thomas (aid he Imes , - what he was tignhig, and was pi:daily fa ulted. He then fail him figs it. Mary Thompfun laid flee had been in the fcrvice Mr. %Vit.aley, and (poke to the different rums of Isol a NA lads w S$ which ft Thomas bad received from her. hliftrefs by the dirtelion of, Mr. Whaley. Mr. Dtiplex (poke to the finding of the account made up of all. the items of which the Plaintiff's demand coniided, and Ill.:fled by the Defendant. It was found in one of the Plaintiff's trunks, which Rood in his !Joule, in the beginning of January Lift. It alto appeared from the evidence that the Defendant had putt:haft:el two horfes of the Plain tiff for 5001. There were two brafts produced by the Clerks of Meas. \Valwyn and Co. Bankers, for goo gui neas, which were payable to one Barnly, and paid by the Plaintiff for the Defendiuu. There were other two Drafts for 461. each, payable to the Defendant himfelf, and alto paid by the Plaintiff's Bankers. It was obfervcd that there was no objation to Mrs. Whaley's being examined, and this Lady proved 201. aad tol. of Mr. Whaley's money, which fhe delivered to Sir Thomas. The Plaintiff's cafe being doled, the Leading Connie' for the Defendant made very elegant fpeech,reprobating in hong languay everylpectes of gambling, as well as the conduel of thofe who were parties to this tranfaeion. No man fhould deter him in the difcharge of his profetlional duty from calling things by their proper names. He confidetcd tn.their order the various items of which' the Plaintiff's demand conned, and did not admit any of them except the 201. and la. which Mrs. Vtrhaley (wore Sir Thomas had from her of Mr. inaley's money. He laid he was in no condition to deny tilde two lams ; but all the rat he hoped the Gentlemen of the Jury would reject. The Defendant called no Witneffes. The Noble and Learned Judge, after having direeed the attention of the Gentlemen of the Jury to the molt material parts of this cafe, con chided with obfcrving s that when a man came in to a Court of Juftice, it was incumbent upon him to make out, if not to dernonftration, yet to the fair convidtion of a Jury, the juilice of his demand, before he could entitle himfelf to their verdhll. How far that had been done in this cafe they would judge. The Conftitution and Jurifprudence of this country had left the docifion of it to them, and his Lordfhip had no doubt that they would do juftice between the parties. The Jury withdrew near half an hour, and re ternecrwith a verdict for the Plaintiff for 2981. Lord Ksitrox.—" As fomething was raid about duelling in the cow& of this caufe, it may not perhaps be ufelefs to a part of the audience to ob • (erste what is enaeed by 9th Ann. e. x 4. feeion 8. " And for the preventing of fuch quarrels as mall and may happen upon the account of gaming, be it further enacted by the authority aforefaid, that . in cafe any perfon or perfons vrhatfoever, !hall affault and beat, or challenge or provoke to fight, any other perfon or perfons whatfoever, upon ac count of any money won by gaming, playing, or betting at any of the games aforefaid (cards, dice, &c.) inch pelf= or perfons :tanking and beat ing, or challenging or provoking to fight fucli other perfon or perfons upon the account afore laid, (hall, being thereof convifted upon an in diement, or b*rniation to be exhibited againft him or them for that purpofc, forfeit to her Ma * jelly, her heirs, and fucceffors, all his chattels and perfonal eftate whatfocver, and mall fuffer im prifonment, without bail or mainprize, in the • common jail of the county where fuch convi&ion • than be had, during the term of two years. SMITH MICOTHEIIty. JOHNSTOWN.. This was a very clear cafe. According to the itatement of-the ATTORSZY GlitiltßAL, It was an anion brought to recover demurrage at 61. per day on the thip Fir NIY of Newcaltle, on a voyage to Criniflad" and back again to London. Forty five running days were allowed the Freighters at Cronlladt, and London for loading and unloading:; and they had exceeded that by 63 days, which at 61. per day, amounted to 3781. but as t got. had been paid into Court, the Jury found a verdia for the Plaintiffs, for the remainder of that fum, viz. 3281. 17.—SIELAND e. WATSON. This is a cafe of extenfive confequence to the Public. The Plaintiff, who is a Perfumer, brought this aaion againft the Defendant, Mr. Watfini, for an aftault, &c. The circumftanccs were shortly there:—The Plaintiff on the 16th of December tall was walk ing in Bond fireet about twelve o'clock at night, and obferved a Watchman dragging an unfortu nate woman of the town to the wateli.houfe. The Plaintiff addreffed the Watchman to let her go about her bulinefs, as the feemed willing to go home. The Waite:swan, according to the evi dence given for the Plaintiff, damned her i faid fhe was a notorious fireet-walker, who deferred to he taken to the watch.houfe, and infilled on taking her. The Plaintiff recommended it to him to mmd his hulloes, and take care of the proper ty in the !hops and honks, inflarad of (pending his time idly and deferting his duty by carrying this poor girl to the watch-honfe. The Watchman, Robert tinny, d—d him, and faid he knew his bufinefs much better than he did, and that he would carry the girl to the watch-hOnfe. The Plaintiff asked him what would become of the property—was there not a probability that force of the Shops would be broke open ? The Watch man allied him if he would do it. The Plaintiff faid no; but fill they were not the more rerun on that account. The Watchman faid if he repeated thee words, he would take him to the watch honfe. He then took him into cuftody, and with the affiliance of another Watchman, carried him to the watch.honfe of the Parifh of St. George, Hanover-fquare. The Defendant, Mr. Witi, who is a repealable Tradefman and Conftable of the night, a&ed the Watchman what his charge was againft this Gentleman ? The Watchman raid he had taken him into enfiody for having faid he would break open the honfes in Ncw Bond-Brett. The Conflablz, after taking the charge, tent him down for two hours into the belle, where they put rogues and vagabonds. After that be bad a bed. No notice was kite to his family where he was ull (even or eight o'clock the nest morning. • It was &vitas:4 on the part of the Plaintiff, drat die vas die may charge ;bat, was a id prit down agaial hi,n, and that afterwards it had ' been thought tit to el,irge him with affaulting the Watchman. The witneffes for die Plaintiff declared they did not hear any other charge given, but from the noire and uproar that prevailed at the moment, they would not fwear th tt the Watchman had not charged him with an aifault. It appeared tioni the evidence of the wimeffes on the part of the Detendaut, that the charge was taken down at die time, and : that it was 'for at tempting to refcue this unfortunate woman from the Watchman, and for (biking him on the mouth. The charge was read over to the Plaintiff after it was taken down, which his witneffes denied. The Plaintifffeemed to be very much intoxicated at the time. He was fcnt backwards for about two hours, and then had a There was no drink ing going forward in the watch-hoefe. It was :worn pofitively there never was any liquor brought there. The LORD CHIEF JUSTICE raid, he believed that watch-houte and every thing belonging to that Parifit was extremely well regulated, as force of the firft men in the kingdom who lived there in _ terefted themfelves in it. After the Counfel on both fides, and all the evi deuce was heard, Mr. ER S KIN c, Leading Counfel for the Defen dant, produced an Ada Parliament for regulating the Police of that Parifh, and by a Claufe in that Ad it was provided, that no man who conceived himfelf aggrieved by any Parifh Officers, could inftitute an action againft them, without previoufly giving notice to the Veftry, or Committee of Watch, &c.—That had not been done. Lord KENYON.--" I think that preliminary ob jeCtion puts an end to the queftion. The inten tion of the Ia :itlature in enacting that the perfon injured fhould give notice to the Wary before he brought an action againfl • any of their Officers, was to give tkm an opportunity of tendering amends. But lam free to confers, that without that, this Conflable, according to the bell of my judgment, would have been juftified in what he had done. It is a matter of no light concern to regulate the Police of this aloft unwieldy Metro- polis. All the wifdora of the Legiflature, as every body knows, and all the vigilance of the Magif trates are unequal to the talk. All mankind can have but one common feeling for thole wretched females that wander through the ftreets. Every. compaffionate perfon muff feel for their unfortu nate flotation, and with they were better difpofed of. But in order to preterite the good govern. ment of the public, it is neceffary (hard as it may be) that they fhould not be permitted to wander about the areas. The Magiftrates, I believe, are to grant &arch-Warrants, and are to !Weep the ftreets ; and the very learned Counfel for the De fendant reminds me there is not a time one goes the Circuit, or is prefent at the Old Bailey, but we fee highwaymen and other offenders taken out of the lodgings of thofe poor rniferable proftitutes, whofe poverty and diftrefs, and not their will, often lead them into thole vicious courfes. If they are not the caufes, at Icail much evil arifes out of their condition to the public. It is necef ' fary on the one hand, that the fubordinate Officers of juftice fhould not exert their authority to mit ufe the King's peaceable fubjeds. But on the other hand, it is abfolutely =teary that they fhould be fupported in the fair adminidration of their duty. This I chute to fay on the quellion in general, becaufe it is of the left importance. If .the Watchman in this cafe had acted niiproixrly, the Watchman was liable ; but the Conitable was hound to do that which he did ; and great would be the danger it the authority of the fiipLrior Ma : giftrates were to devolve on the Conft.tbles. It was uncivil not to fend to the Plaintiff's flouts ; but incivility is not a crime. It was a matter of ; courtely. Though the Conftable himfelf could not leave the watch-houfe, he might have fent i fonts other perfon. On a queftion of fo great im : portance to the public, I thought myfelf hound , to fay thus much."—Verdid for the Defaidant. lARLOW f. PARRY._ . - This was an Aaion on a Bill of Exchange for 411. cos, againft the Defendant, as the indorfer of the fame. It was Contended, on the part of the Defendant, that the being a femme torment, was not liable. To prove this, the hufband was called, who acknowledged that this Bill was given in lieu of another for t4e rum of 301. which had barn dif , honoured, and that he was perfealy acquainted of the circumfiances at the time, though he a:lowed her to trade on her own account. Lord Ksavoti laid, as the homily of tl.e cafe was with the Plaintiff, lie would advife the Jury to find a vcrdiil for the Plaintiff, fubjeft to the opinion of the Court on a point of law.—Verdia for Plaintiff. NOSY e. rt/RSF. This A sks an aflion for defamation. Mr. Eas. I K ,a& raid, this aftion :was brought to r,:cov.:r damages tor tlandermis words. The Plaintiff had a nephew who was indebted to the Defendant in the fum of ash Being unexpeaedly called abroad, in order to fettle the affairs of a deceated relative, he had, in the hurry of his departure, forgot to fettle his debt; in confequenec of which the 1)e -fendant had chofcn to ufe very ill language re fpcft:ng him and the prcfcnt Plaintiff, who was his uncle. He would prove the words by a vet) refpeftable witnefs, and had no doubt the Jury would give fuch damages as the injury required. The Rev. Mr. Smith (aid, he called upon the Defendant, in company with the Plaintiff, in or der to pay him the amount of his nephew's debt, at the rate of tss. in the pound, as theDefeniant had agreed to take that dividend. While the maid was gone oat for the receipt, they bad force dif ference about the easel turn owing to the Defen dant, Mr. Hoby contending it was only 261. and the Defendant Willing it was aA. The Defen. dant then flew into a violent pallion, and called Mr. Roby a robber, and Paid he was come to rob him ail. In the pound; and that he bad no, ver ken him before, but had beard enough of him and his family, and hoped that this would be the firft and lah tranfaftion he lhould have with Wm. This witaeLs. haircut. Mt bcl able to Rate the u 4 wadi torklah I* ?kiwi' war goffirsi F t ~{ .~ OLD BAILP Yefterday the Set*lions corrart_acei at the O1d• Bailey, before the Right 1-1 ,, n. the Loan MAYOR, Mr. Baron HOTH A :4, Mr. judice L: ec. Mr. RECORDER, &c. when twenty-two i-iln e ri were tried, eleven of whom were convi,fted of Itiony,vi-t. .7,,bn Hanlon, for Boling, 20 yards of Rieder: minfter ltair-carpet, the prcp,.rty c,l Richard Michael CaFly, for ficaling a pair of fill: ings and a Witt, the prepaty of i.'rr.. Iltt!111 • , 7=u, Wri. , , , kr, for Ilealing a t{:'cat asat, anj articles, the property of Richard Sarah Whiiebrad alias Grf.-L, r<nd 7.4't bard, for ftealing a pair of breccit, the ' , roper: It of Judah Mofcc. Carron, for flcalino• Damtfk: Han kins, the property of thi.. 17.0 wager Lad• Harw•and. .70 . 01. Robins, for ftealing two dozer of clre:fed (keep &ins, the property of Thotnac Thomas josses, for healing a pair of cottc:n ftockings, and other articles, the property of James Bradburn. Mary Pr#r, for healing two blunk-:tc, ar4 other articles, the property of Nicholas Va!ol,t jzobn Gould, for healing sibs. w , :ight of I fugar, the property of Thomas Itawlita, others. _ _ Henry Cey, for ftealing 5 oz. weight of t“,, 1:4 property of the Eaft-India Company. And eleven were acquitted, viz. Alexander M‘Coul, Catherine M'Mi/lan, Nall, Mary Partner, now, King, Sa,-nh Grad! Sufannab Moore, 7ofetb Mila, Ann Hilton, Ann Saber, and :pl OjLorn. Wane Smith alias Britain, and yaw: Deolir, who were convided in April Seft;ons laft, and their judgment refpited for the contidtration of the Judges, were yefterday putto the Bar, to re ceive the opinion, which was, that the indiament was proper ; they were then ordered to remain. and will receive fentence with the other prifoners convieted this Sefflon. . _ _ 7471 M APlnt, who received judgment of death in September Salon laft, for forgery, and whoLs cafe was afterwards referred for the opinion of the Judges, which being in favour of the con viction, he was ordered to remain in execution of his judgment. NO. 26, CCR\HILL, LnNDC):l:—alft , at Liverpool and Exeter. Pigot Diamond Ticket. are at Two Guineas each, by llnahlSny and Co. The Prixe is valued at 30,000 1. and is to be determin ed by the Drawing of the prcil nt Lottery. —lt he tla: Firtl-drawn Tic ket the Num. hers from z to 11,421, TIC Diamonds that ever were di:poled of by Lottry were fold he Hosoisny and Co. in the year at their old eilahlitlw•l Statc•Lot.......ry °nice. Hottmsav and Co. beg leave to r:lcommemi early Purchale, on account of the very tritlinz Number they have for Sale. • The. Rev. NV. Nteot., of I-lartsJnace, bridge, lamtlnn, colleague to the Rev. Dr. TRIM.. TER, in a letter of the t alt February, tfic:. favoured Mr. PF %KISS, of I.eiceller-fguare, with the refult of hi; trials of the Patent Metallic T, a:.- tors. Reticles cures of Rheurnatilin, Tooth Ac.':, and a Sprain, he communicates the following °fa Gout : " On the yes of January Lilt. I applied the Tranors to a man who had for ft-Ter.:l days been fevisely afiliaed .rah the Gout in his font. la C.: fp..,:e of twenty minutes, he rid me that the Mimic s .; heat which he led exper:..need was Zfine, and that Iv felt a trot agreeable warmth. In a fhort time aftar,this, the pain all., he annend, *as pettedly relieves". I have this d•sr reeeivcd a met hing in which be informs mettle the et.rt complst e, and th:t ha ha, esp..rienred no return." Mr. I Merl etnieluilt., reeolumeadlug the Traan , , I than dit charge a duty to my f:Ilow crunne.." The Cores of heat. Rheum: 1111. Head.ach. Tooth-ad'. Sprains, Bruits-4..1nd all analogous Difeafes of Hales which are publifhed, are human:raids. The Trattors fo neceffary in every Family, and among Harks, may be had, genuine, with new and improved direc. noes for ang them, for Five Guineas the Set, of 11:D. Per.. Ws, A. M. the Patentee, in Leicater.fguare ; and of Frederic Smith, Chanift and Druggilt, in the Harnatiter, London. Their portable nature raiders their conveyance hr comb, or even by Folk, perfedtly convenient. Letters, incloliog their amount (port paid) duly attended to. N. B. In the Prefs, and fpeedily will be publiiked, price ter. an entire New Work, confining of many hundred Cafes, cons. munleated in the year I goo, neva before publifised Sold br Johofon, St. Paul's Church-yard; and J. Wright, Piccadilly. It maybe had (gratis) the Patentee, or off , . Smith. by as who have purabated the Tra&ora. ECCLESIASTICAL PROMOTION. On Monday the 9th inftant, orm initltutzd to the Recta,' of Catena*, in • the Me of Wight, by Commtffion from the Lordl3lfltop of Winchefter, the Rev. Henry Wadley, D. D. of Whitcomb, in the We of Wight; pea - aped by Almeoftee Campbell, of Oetconab-Houk, Erg. foie patron. DIED. On Sunday left, In TeateTelen 7 lireet, Hanoventquare, udr Elisabeth Douglas. wife of Sir George Douglas, daughter of the late and Attir to the preen Farl of Glafgurr. Saturday Taft, muds regretted, at Yarmouth. in the Me of Wight, Capt. Urri. His friends in the Break Navy will long frfised his memory, f,r that generous hofpitality invariably (hewn to Officers who, by duty or accident, hadted the Brine Colours in Yarmouth Reads. At Iris fon-in-law's, (the Rev. William I.ms) In Btralsßfe row, Moos &kb, in his 76th year, Mr. John Simmons, Rock broker, great girmed-fon of Richard Pastlriti, preferver and coo. dueler. of his facrd Majefty Ring Charles the Second, afterhis -leapt from Worcelter fight, toSit, who was honoured by that Monarch by the appellation of Tnifty Dirk. • This day was pubniliod, lit Svo. price 31. 6.L in how's, 'The Third Edition of i_TARDY's MERCHANT"' GUIDE, and a KEY to the RENT.NUE-.Conotininz. tht Dory seifing from every fearstc Article of his Majefty . 4 Cullom, and Li dfe together with the Cosa &diners, Drawhoths, Doundeiv St:. the heads and amount of every Tai in the Kingdom; Commercial and few Stamps of every defeription, Licences" At. ietioding each different article of the HMS% Reventec ca 1141111•1 coiled:a from the original AEI. of Parliament to the Ind of July, 'Soo. To which are added, the different valves' Hants in Helloed, 1 7 S t ain, Portugal, Italy, ram of Pelage, Carmen, tcv.KLand Wharfsge. Meade of the Porterage Adt, he. ht. ire. London: Printed LAr the Author, and publlikedlrf Clowlsels No. sot, Strand, oppoiltc St. Clement's Church. Sold byline man todett and George Fromptoe, Holithefferi asd D. Col" . I lin% Salami. tris. LONDON IFrlnto! fat the Proprietan. JOF!!•1 mml4 (et Cartabw-ftmet) at the Seas Pa tirrtho-Or ma, Ito. I 01r7-beet ; and ttabllfted by LSVIIL KENT, WOO: ettblay-platc. Lambeth), at Ito. z, ChrepateTt. ma at tin evalt•Otreta. Tostpb-leir ; to trafeN Odes an seamy few the 5111 T ol ue ropesite4 p be stidrearl