Star. — London, England, 1821-07-17 00:00:00

LAW INTELLIGENCE. COURT OF KING'S BENCH, JULY 16. ALDRED AND ANOTHER O. HORNE AND OTHERS. This was an action by Messrs. Aldred and Tooke, wholesale jewellers, of Clerkenwell, against the de fendants (as proprietors of theWisbeach stage•coach), for the loss of a parcel between Wisbeach and Lon don. The parcel in question was about ten inches square, and contained twenty-six ounces of coral beads, wrapped up in bay : the claim was £22. Mr. Scaaccrr, for the defendants, went upon the notice, that they would not be responsible beyond £5. It was proved that packages from Wisbeach had re peatedly been delivered by Messrs. Horne and Co. to the plaintiffs ;• and that such parcels had been ac companied by porters' tickets, upon which the notice in bar of liability was printed. Mr. Scarlett then proposed to give in evidence a potter's ticket similar to those which had been received by the plaintiffs. Mr. GURNEY objected. Notice should have been given to the defendants to produce the tickets actu ally delivered to them before any copy of such tiCket could be read. - The LORD CHIEF JUSTICE sustained Mr. Gurney's objection, and directed the Jury to find for the plain tiOss with leave for Mr. Scarlett to move for a non suit.—Verdict for the plaiutiffs—Damages £22. COLLINS V. COMBER. This was an action for money had and received. Mr. MARRYAT stated, that the claim was £l5O, for money lent. There was a farther sum of £93, to which the plaintiff was fairly entitled, but which, at law, he could not, perhaps, recover. gitnuel Daly was called to prove the defendant's acknowledgment. The witness said—ln the month of November, 1820, I called upon Mr. Comber at his counting-house, in Huggin-lane, and demanded £243 on the part of Mr. Collins. Mr. Comber said that he did not owe £243: Mr. Collins..had lent him £l5O, and that sum he would pay ; but the remaining £93 was a gaming debt, and he would not pay it. I called upon Mr. Comber again the next day, and, shewed him two slips of paper which contained an account of the £93. Mr. Comber acknowledged the figures in the•account to be his. Cross-examined by Mr. Scitansrr.—l am an agent to Colonel Brown, of St. Vincent's. I have known Collins six years ; he is a coal and corn-dealer. He has no counting-house that I know of ; he lives in the l Clapham-road. I do not know that he is a marker at a billiard-table. I have heard from Collins that the £93 was lost at hazard ; and the £l5O was lent the day after, at the Bull lan, op Shooter's-hill. Mr. Scant. Err was extremely glad that he had got an opportunity of addressing the Jury he had been a good deal alarmed lest the plaintiff should be non suited before the case was fully opened to the Court. The circumstances through which the defendant's name had come into contact with that of a professed gambler were :—Mr. Comber, a young man of great respectability, had lately set up in business, and met the plaintiff at Brightonyin the summer of 1820. Mr. Collins walked about well dressed, vacillated between the Libraries, the Assemblies, and the Steyne ; and repeated collision produced a slight intimacy between the parties. The acquaintance so commenced, the plaintiff took great pains to improve; and at a sub sequent meeting in town. he asked Mr. Comber to dinner. In an evil hour the defendant accepted Mr. Collins's invitation. The parties dined ' • they drank freely after dinner ; they played two or three games at backgammon; Mr. Comber recollected nothing afterwards, and nest morning be found himself in bed at the house of his entertainer. At breakfast, Mr. Comber said, We drank too deep last night." " We played rather deep too." was the answer of his host. Mr. Comber said he had no recollection of anything but the game at backgammon. " 0 yes," returned Mr. Collins, " you lost a trifle to me at hazard ; but we'll talk of that some other day." At that time the matter passed without further discussion ; but a few days after, Mr. Collins claimed £l5O, and produced a writing (somewhat resembling the hand of the de fendant), which he called a note for that amount.— Mr. Comber then began to suspect some foul play. He said, " I have no recollection of this note, or of any gaming." The plaintiff insisted that the note had been given. during the evening of the dinner, and that the money had been lost at hazard ; Mr. Com ber replied, " That is impossible, for I do not even know the game." No money, as the Jury would suppose, was paid under such circumstances; soon after, Mr. Comber heard that Collins was no other than a marker at a public billiard-table ; he saw that the transaction was a fraudulent one, and positively refused all notice to the plaintiff or to his demand.— A professed trader, bowefer, was not to be so easily got rid of. Collins knew that the defendant bad means, and he knew the aversion w hi c h a G ent l eman would be likely to feel at having his name introduced into a difference at play. He therefore said, " I can not recover this money from you by law—(that was the £150; for of the 08 now mentioned, the de fendant never before beard)--but if you do not pay me, I will insult you wherever I meet you." Now, very fortunately for Mr. Comber, the plaintiff, in this instance, kept his word. He did, in public, and upon several occasions, demand 1:150 from the defendant, and those very demands furnished (what otherwise it might have been troublesome to make out) an answer to the present action. From the witnesses who were present at those demands, the Jury would learn that the story of the loan, and the Bull, at Shooter's-hill, was a trumped up t a le. It would be shewn that the plaintiff had repeatedly demanded the £l5O as money lost at hazard; that it had never been claimed upon any other grlund ; and that the defendant had con stantly denied that he owed a single shilling. Mr. James Jeakes said—ln July, 1890, I was walk. ing with Mr. Comber through Threadneedle-street. We met the plaintiff, Collins, who was then a stranger to me. Collins said, " Are you going to pay me that money r Mr. Comber said, " I owe you nothing, and 1 wish to have no conversation with you." Col lins they abused Mr. Comber grossly, and we went into the Antigallican Coffee-house in order to get rid of him : he followed, and became so outrageous that the company desired he might be turned out ; the landlady sent for a constable accordingly. Next morning, while I was in the defendant's warehouse, Collins called. He recommenced the conversation of the preceding day. I went out for a constable, but he decamped before my return. Mr. John Lvans—l am a tobacconist in Bishops gate-street. On the- 17th of November, 1890, Mr. Comber came into my shop with Mr. Collins. Mr. Comber desired that I would send for a constable. I thought there had been some dispute with a hack ney coachman, and went out to look for a street keeper. I could not find the street-keeper, and asked what the constable was to do? Mr. Comber s aid, ." this man charges me with a debt of £l5O, and I owe him nothing: he has attacked me in the street, and raised a mob round me." Collins said, 46 you are not a man of your word : you have partaken of my hospitality, and you have lost• 1.350 to me at hazard, and you refuse to pay me." Comber denied that he had lost any money. Collins said, , g your character as a merchant is of more value to you than £l5O, you had better pay me; for if you do not, although I cannot recover in law, yet I will bring an action, and have the circumstances stated in order to expose you." The Loan CHIEF Junior thought that the plain tiff had no case. Mr. MARRYAT consented to a nonsuit. COURT OF COMMON PLEAS, JULY 16. HEMING V. MEKNES. This was an action on a breach of warranty of a horse. The plaintiff's servant swore that his master purchased two horses, one grey, for £l3, the other black, for £l2, from the defendant, who warranted both sound. The black, however, was discovered, on the same evening on which it had been bought, to be broken-winded, and was consequently returned to the defendant, who refused to take it back. The de fendant's witnesses •swore that he had not warranted either of the horses ; and that he had not sold both together for 1425, the price of the grey being £lB ; and he therefore refused to take one back without the other; but offered, if both were returned, to re ceive them and return the money. His Lordship left it to the Jury to say whether it was likely that the plaintiff would purchase horses without, as one of the witnesses for the defendant had stated, even asking if tfley were sound ; or that, if the defendant had not warranted the animals sound, but sold them with all thtir faults, he would have consented to re ceive them back and return the money. Verdict for the plaintiff. £l6 14s. the price of the horse and the cost of his keeping. COURT *OF EXCISE. James Smith, a publican, was charged with having compounded six gallons f liquor with a mixture made from grains of Paradise, quassia, and other pernicious ingredients, not malt and hops, with intent to defraud the revenue. A second count charged him with having the liquor so compounded in his possession for purposes of adulteration. A third count in the information charged him with having had in his possession four pounds of grains of Para dise, for the purposes of adulteration, Ecc. whereby he had forfeited on each count the sum of 1:200. Judgment was awarded against the defendant on two counts in the penalty of £lOO. Richard Maw was charged with having fabricated a . mixture from beer grounds and other ingredients, to resemble ale. Another count charged him with having the same in his pons on. The proceedings in is case were compromised. LONDON SESSIONS. Yesterday these Sessions were opened by Sir Joint Psaatwo, as locum texas to the Loeb MAYOR, whose indisposition, we regret to state, has not abated. The CoatmoN SRAJRANT, in charging the Grand Jury for the City of London, congratulated them on the comparatively light calendar of the prisoners for trial from the City during the present Sessions. Not a single case of the slightest interest occurred during the whole day. MIDDLESEX SESSIONS. Yesterday these Sessions commenced at Hicks's Hall, before the Chairman, Mr. CONST, and a Bencb of Magistrates, amongst whom was the RECORDER. On occasion of a motion being made for a trial to stand over, The CHAIRMAN observed, that in consequence of the number of orders of that kind that were made last Session, it lasted three days longer than it other wise would have done. The object of making such motions was, that Counsel might be able to attend the different causes in which they were engaged ; but the effect was to give a monopoly of the business of the Court to the Senior Counsel, and to prevent the, Juniors ever getting a brief. The Court would there fore in future decline acceding to such applications, unless a sufficient cause was stated by affidavit. CIRCUITS IN SCOTLAND. The following are the appointments for the ensuing Autumn Circuits of Justiciary in Scotland : NORTH.—The'Loan Jarmo Cam and Lord rinfILLT. Perth, Wednesday, September 19; Inverness, Wednesday. September 26; Aberdeen, Wednesday, October A. MA. collocate, Esq. Advocate-Depute. SOUTH.—Lord HIMMAICII and Lord Maanowsava. Jedburgh, Saturday, September 15; Dumfries, Thursday, September 20 ; Ayr, Tuesday, Sept. 115.—Dinscan brNstLi., Esq. Advocate-Depute. WEST.—Lord Ilium and Lord Succotn. Inverary, Monday, September 1O; Stirling, Saturday, Sep tember 15; Glasgow, Wednesday, SeptembOr 19. Join Hors, Esq. Advocate Depute. The following are the appointments of the Autumn Circuits of the Jury Court: SOUTIL—The Loan Cane COMMISIOOIIII6 Ayr, Dlonday, September 10; Dumfries, Thursday, Septem ber 13; Jedburgh, Tuesday, September la. NORTH.—Lord Prnuntv. Perth, Tuesday, September IS; Inverness, Friday. &prem. her 21; Aberdeen, Thursday, October 4. WEST.—Lord GIUJiII. Itreerary, Wednesday, Septembm IS; adding, Monday, Sel*- tember 17 ; Glasgow, Monday, September 24. Tuesday, the Right Honourable WILLIAM Duw- DAS, Member for Edinburgh, took the oaths and his seat at the upper end of the Clerks' table, in the First Division of the Court of Session, as Lor d Clerk Re gistrar of Scotland. He wore an elegant flowered silk gown, trimmed with gold lace. The Journal der Debats contains the following :- 0 Some journals have given an incorrect account of an incident personally reining to General Rare. General Rare being ern duty at the Palace of St. Med, heard of the death of Bonarales at the moment when be was proceeding to breakfast with his Ma. MTV be could not restrain his sorrow, openly avowed amongst the attendant Courtiers that the death of his old General, whose Aid.de.Clunp he had been for fifteen years, deeply affected him, and immediatety retired. The Kum was soon Wormed of the conduct of the General, and desired to see him after Mass, when he addressed him in the following terms : " General, I know you are greatly afflicted at the news I have received—it does honour to your heart—l love and esteem you.the more f or it I" General Rare answered with great emotion " I owe all to Nawaturst—esptcially the esteem and goodn ess of your Musser, and your august Family !" The Kum ' touched by the frank and honourable answer of the General, deigned to mention it to the Royal Family and to his Ministers. THEATRES. DitonT-LANno—Mr. MACKAY peliblilltd Baillie NicolJarvie, last nigh; for his Benefit, to a crowded and very fashionable audience. In Ella Rosenberg, he appeared as Storm, and in both characters was honoured with such unequivocal marks of approba tion, as must have been highly gratifying to his feel ings. At the conclusion of the Play, Mr. ltussam. announced that the Theatre would be opened to the Public on Thursday, by the express command of his MAJESTY. Covuicr-Gaanzir.—Last night this Theatre was well attended. The Play of Henry the Fourth WAS repeated, with the Coronation, at the end of which, notice was given that the House would be opened on Thursday to the Public gratis. HATUARKET.—The Comedy of the Belles &re ' lagers was performed at this Theatre last night. Mr. CONWAY took the part of Doricourt, and sustained it throughout with excellent effect. Mr. TERRY, as the good-humoured Hardy, was quite at home in the ;character. Mrs. JOHNSTON'S Letitia Hardy was in !her best style; her affected aukwardness in the second act s were admirably contrasted with the ease and ele gance of her minuet in the masquerade scene. At the end of the Play, Mr. TERRY informed the au dience, that on Thursday evening it was his MA. icarit's pleasure that all the Theatres Royal in Lon don should be opened to the Public gratuitously. Everything, he observed, would be done by the Pro prietors to accommodate the Public, and tree tickets for both Ladies and Gentlemen would be delivered at the Bog.office. This information was received with loud and universal applause.—The Musical Farce of Lock and Key followed, in which Mrs. GARRICK, as Laura was much applauded. The House was well attended, and the Piece concluded with expressions of approbation from all quarters. ENGLISH OPERA House.—Her MAJESTY honoured the Theatre Royal, English Opera-House, IA ilh her presence yesterday evening, and was welcomed on her arrival with the most enthusiastic greeting of a crowded audience. Immediately afterwards the cur tain was drawn up, and GOD save the King, or lather GOD save the Queen was sung by the musical force of the House, both actors and audience substituting the word " Queen" for u King," and " her" for " wherever those words occur in that beautiful anthem. The occurrence of a short interval between that song and the commencement of the performance gave the audience time to notice the want of decoration visi ble in the box assigned to her MAJESTY ; and in con sequence an apology for it was loudly demanded of the Manager from every quarter of the Theatre. The continuance of the call at length brought Mr. RatteLav forward, who apologized, as far as he could be heard, in the following terms The box in which the august personage who has this night honoured the Theatre with her presence"— Before he could utter more, a tremendous cry of " The Queen ! the Queen ! why not give her her proper title?" resounded at once from boxes, pit, and gal lery ; and the tumult, which had for a moment been stilled, again raged with redoubled activity. Mr. BARTLEY attempted for five minutes, but in vain, to make himself heard above it, and it was not until he had repeatedly laid his hand upon his heart, and bowed to the QUEEN and to the audience, that his voice was again audible in the turmoil of indignation which he had unwittingly excited. The first sounds which then struck the ear were indicative of a desire is his part to explain the term which he had used in speaking of her MAJESTY. " I can assure the House," said he, " that the expression which fell from me was dictated by the sincerest respect to the individual to whom I alluded, and was used in compliance with an etiquette always observed—( 4 /a the House of Coni ston,' said several voices from the pit and gallery)— in speaking of Royalty from a public stage—(Ap planar). Indeed, I believe I may say that it is con trary to all etiquette to speak of any individual by name on the stage of a public theatre—(Applause).— The box in which the QUEEN—( Loud cheers and applause)—is now sitting, is the box usually assigned to such members of the Royal Family as confer upon the Theatre the honour Qf a visit, and, besides, is the box selected for her MAJESTY by her Vice-Chamber lain, so that we had nothing to do but to obey her orders in getting it ready, as you see for her recep tion." This annunciation calmed ;he fury of the audience, and restored them to peace and good-na ture. The farce of Bachelors' Wives then commenced, and appeared to afford her MAJESTY considerable amusement. In the course of that Piece many pas sages occurred which the audience with great inge nuity applied to the case of her MAJESTY and her persecutors. When Monsieur k Grand said—" All things ought to be in common between man and wife, you know, ' the spectators rejoined, " The Corona tion, the Coronation," and immediately gave three cheers to her MaJzsre. At the end of this Piece GOD save the King was called for, and again sung. Her MAJESTY enjoyed the performances, and was, frequently observed to laugh heartily ; she appeared particularly interested with the inimitable acting of Miss KELLY in the sleep-walking scene in Love's Dream. Her MAJESTY, at the close of every act, was saluted by the loudest cheers, which she courte ously acknowledged. As soon as this Piece was over (ten o'clock) her MAJESTY made her bow to the au dience and retired. Immediately after the QUEEN withdrew Mr. BARTLEY came forward, and, after announcing the performances for this evening, un 'folded a paper which be held in his hand, and said— ' Lanus AND GZDTLEMDD, I am directed to state that we have received a communica doo from Goventment,which we have bees desired to announce to the Public, and, with your permission, I shall now read it." He then read the following official document : " His Most Excellent MAJEST;has been graciously pleased to command, that on the Evening of the Coronation Day, the Theatres Royal Drury-Lane, Covent-Garden, the Haymarket, and English Opera-House, and also Sadler's Wells Theatre, shall be opened gratuitously to the Public. And in order to prevent ennfludon and secure comfort to the audience, they are to be admitted by tickets only to the different parts of the re spective Theatres. Every person who wishes to attend is to apply between the hours of ten and two on Thursday next, at the Ace of each of the above Theatres, where Tickets will be delivered. Each individual, on delivering his name and address, may obtain two tickets, one for a Lady and another for a Gen tleman, until the whole number of tickets is delivered, and no greater number will be issued than for the number of persons the houses , will hold." The entertainments were received with warm ap plause, and the House was crowded with respectable c. topany. SPORTING INTELLIGENCE. STATE OF THE ODDS-BETTING ROOM, JULY 1., ST. Ll:e Ell 3 to 1 agst Gustavus—Taken. II to I agst Sanirae:l. 4i to 1 asst if; to 1 agst CAA% al. Spiggot—Taken. 7 to 1 apt Aunabella. 2.0 to l agst any otiu-r. GREAT GLOUGE.SI EKAGIRC STARE. 3 0 1 agst Shamrock. 15 to 1 agst Master Ihrzy, 4 to 1 agst Strephon. I 10 to 1 agst Regert. roomer. STAKE. l EL to 1 agst Woolbine. SPARRING. Harry Halt bad his Benefit at the Fives-Court yesterday, nn i was well rewarded. The matches were well arrange 4; the principal sets-to were as follow : After some minor rulfianing, Ben Breen aryl Crnaolc y trawl the stage. In the first round Burn had rather beg of a" ne i scientific bout, by placing his left-handed hits upon the head, b z in the next round he was floored by a right-handed hit behh the ear, which stunned Lim. In the third bout, Burn gatk re i himself up for retaliation ' and a =oily rally fo ll ow e d, winch ended in Burn receiving a right-handed blow on the same o ath which again floored him, and it would have won a sght. Gas Light and Skelton had a set-to, but they seemed mime a n understanding to play light; some hissing ensued, and Gls threw off the gloves, and said," he should spar as he liked," with sam e other energetic expressions, which were not well received. Sb r i. ton jocosely thanked him for light play. Warwick and the Bristol lola had a good rufflanic!unt c h,i,, favour of the former. Lary Hurl-on and Aria made an excellent set-to, and m en , as well as manly rallying took place. Curtis and a Black, the adopted son of Richmond, had a very merry turn, in favour of Curtis. Ikndall and Holt wound up the sports in a manly andcci ent ifi, set-to. Ilolt managed to place some hits upon the phertomenut,, but he got value received for them. It was the neatest set-to oi the day, and for science has rarely been exceeded. Wednesday afternoon, as Lord PELITANI was ridirg on horseback, on the Sussex Downs, near Seaford, his horse took fright and rarr away with him. His Lordship was providentially dismounted without in jury. The animal pursued its course towards the cliff (at that spot 100 feet high), over Which it went, and was instantly killed. Monday se'nnight, the master of a wherry, coming from Dunaverty Bay, Cantyre, to Ayr, was unihan. nately pitched overboard while passing along her 0. wale, looking out for the latter harbour after dark. Wednesday an Inquest was held before Mr. De LASA ux, Coroner, at the sign of the Town of Dover public-house, near Canterbury, on the body of Jolla Dunk, a publican, of SeMadge, who, about lU on the preceding night, returning from the Quarter Sessions, where he had attended as constable, was thrown front his horse opposite the wall of St. Lrwrence, and fail ing on his head, a flint stone entered between the temple and the orbit of the eye; he was instantly taken up and carried to an adjacent cottage, but remained senseless till Wednesday noon, when he died. The Jury returned a verdict of Accitlehtal Dcath. The deceased was about forty, much respected, and has left a wife and seven small children. Tuesday an Inquest was held by the same Coroner, on the body of Wm. Cootes, who was found drowned in the sea, near the Parish of Whitstable, and who fell out of a boat belonging to the fishing-smack Adm. ture, of Gravesend, when, after a patient invest-ption, the Jury returned a verd;ct of Accidental Degas by Drowning, and a deodand of I s. was levied on the b. , . t. Yesterday an Inquest was held at the Queues Head, Lower Islington, on the body of J. Maul, \d 0, while in a state of intoxication, challenged a pot companion to swim with him for a wager. The par lies repaired to the Canal in Maiden-lane; but the deceased bad no sooner jumped in than he sunk to rise no more. Verdict—Drowned through the ef fects of intoxication. Wednesday, Mr. PERCEVAL, jun. plumber, of Ilcd Lion -street, Clerkenwell, whilst employed on the top of a house at the corner of Aylesbury-street and St. John's -street, placing some lead on the roof, his foot slipped, and he was precipitated into the street, when pitching head foremost, he was so much hurt that he died on Saturday. _ A shocking accident happened on the 30th ultimo, in a stone-quarry at East Peckham, occasior,ed by a large body of stone falling in. One of the men had his leg broken, his shoulder dislocated, and his right hand dreadfully lacerated; and another of them had his leg and arm broken. The former died two hours after the accident. SOMNOLENCY.--The Ist instant, a man named John Wright, who had formerly served as a soldier in India, went to bed at the-Leicester Arms, Penshurst: in the night, lie dreamed that he was attacked by some of the natives of India, and that he attempted to jump through a cask to escape. So powerfully was the man agitated by the dream, that he actually jumped (still in a state of somnolency) through the window of his bed-room, broke one of his arms, and was so much bruised that serious apprehensions were entertained for his life. BIRTHS: July 7, at &eaten Manse, Mrs. Balfour Graham, of a son. Saturday, at Cambridge, the Lady of Captain Purehas, of tit Royal Navy, of a son. Wednesday, at Woodbine Lodge, Cheltenham, the Lady d Captain Inglefield, R.N. of a son. July 6, the Lady of Colonel Gwynne, of Mantuan Park Carmarthenshire, of a *an. /MARRIED. July. 5, at Aberdeen, John Harding Walker, AI. D. Iste Surgeon of the 73d Highland Regiment, to ChJrlotte, eklat daughter of Alexander Duncan, Esq. Wednesday, at Wakerley Church, Northamptonshire, Lieutv: nant-Colonel Reeve, Grenadier Guards, of Leadenhaui, Linda' shire, to Lady Susan Sherard. At Aberdona, Glacktnannanshire, on the 10th instant, John Kirkpatrick, Esq. Advocate, to Jane, only , laughter of Jok! Glas, Esq. Stirling. DIE D. July 6, George Hassell, Esq. of Cholesbury, Bucks. aged% and on the 7th, his slater, Miss Margaret Hassell, aged 46. Monday sennight, at Mr seat, Bookham Grove, Surrey, tk Hon. Catherine llawnay, daughter of the late Viscount Dowels in, the 53d year of her age. At Ballysbannon, Thomas William, second son of Serr a * Crawford, of the Donegal Militia. July 5, at Portobello, of apoplexy, Robert Alison, Esq. soma the late Mr. Alison, one of the blasters of the (Is-unmet' &boa of Glas...!r.w. July 5, at Merton, suddenly, Mr. Charles Rhodes, an emint corn-factor and maltster. lie had been at Mansfield market,sui when he returned home in the evening, complained of beillS ille retired to bed, and in a few hours expired. July 2, Joseph Sewell, who was found dead in a field near Upperby, in Cumberland, where he kept a school. The deceased had gone nut on the preceding day, and was observed readiogis `the field. It is supposed he died of apoplexy. July IC, at Hull, Major John Shedden, of the 52d Reginsal HIGH-WATER at LONDON ERIM;T: I'o-744.11Na' Matting - 7 minutes after 4 Afternoon - - 25 --- 4 LO 1)0N . Printed and published by LitvlL I(etn, ri..r:Ttroplt big. ;- ♦. F 1 fat Isa , Ini 2 to I agar Mr.Watsoo. 2 to 1 apt Col►rell. -