Star. — London, England, 1803-02-18 00:00:00

LAW INTELLICANCE. IN CONTINUATION FROM THE PRECEDING PAGE. COURT OF KIN U's BENCH, FEB. z 6. SMITH V. KtLLY. Mr. GAIROW (tilted that the Plaintiff was an up ilerer in Broker's-row, Long-acre, and was altb a dealer in fpit ituons liquors; and the prefcntanion he had brought was one among many others, which (hewed the facility with which tradefinen parted with their goods. With regard to the De fendant, Mr. Kelly, he hardly knew how to de fcribe him. He had obtained property of the cre dulous Plaintiff, by pretending to be a HAmburgh merchant of splendid fortune, who had taken a 'mule in Briatillone-Itreet, with a view to furni thing it in the &It (kyle of modern magnificence. He was one of that dafs of ctiaomers, whom Mr. Oakley, the proprietor of the celebrated Magazin du Modes, had, upon a memorable trial, defcribed them as perfons who, from the extravagant nature of their orders, were polliffed of large property, and would pay liberally, nay, lavittly ; or were fwin dling adventurers, who would not pay at all.— Unfortunately for the Plaintiff, the condua of the Defendant rendered the latter defcription more immediately applicable to him. He had been re commended to the Plaintiff by a Mrs. Filter, and affuming the air and conferpience of a man • of fortune, he ordered about him, and befpoke artichn of furniture, which were worthy to have adorned the Marla ile P/aomce of the molt luxu rious Princes. l'he Plaintiff, conceiving him per. fatly refponfible, trnfled him to the amount of, near hoof. He alfo gave him credit for wines and liquors for the entertainment of himfelf and his guefis. Shortly after, the Plaintiff, to his great aftonifliment, found that the foWasit Hamburgh merchant had been arrefled, and was incarcerated in the King'x Bench prifon. He therefore thought neceffary cola y a detainer igain him. He fhould his cafe which would entitle him to a verdict; prove do him good with it, for it is a thoufand to one if he ever received a fhilling of his money ! The plain t ff's a pprentice proved the various items a the charge againft the defendant. Mr. East IN E faid, he was not inflrulted to infer that the plaintiff was not a very fair and honour. able tradefman ; it was only his duty to contend that this action had been prematurely brought.— With regard to his own client, he was not perfonal- Iracquainted with him ; he was reprefented to him as an Hamburgh merchant. The defendant had been acquainted with a Mrs. Mary Fifher,whohad dealt with the plaintiff: Thelma recommended him. The plaintiff, on being applied to, to furnifh his houfe, made him this propofition in writing—" Sir, I 'hall be glad to furnifh a houfe for you at any time on this condition, to be paid one-half within fix months after the furniture is put in the houfe, and the other half at the end of the next fix months, making in the whole twelve months credit." A tradefman was at liberty to make what terms he pleated ; he might offer to fell his goods for ready money; but furely after he had agreed to give credit for a particular period, and had delivered hisgoods, be could have no pretence for arrefling the body d f his debtor till that period was expired. The plain. tiff having delivered the furhiture under this agree ment, afterwards fubfcribed to the following ad. jufiment.-4 , Settled by two bills, one at three, the other at nine months; the wine account fettled by a bill at two months." Bills were drawn according to the purport of this fettlement, and the Plaintiff paid them away ; notwithftanding which, he had lodged a detainer againft the defendant before their cutrency was expired. If a man fold goods upon a fpecific credit, and bills of exchange were given for them, he could not poffibly make any demand till thole bills became due and were difhonoured. Lord Ext. EN BOROUG H.—Were the billsaccepted Mr. Gaaaow.—There are none in exigence, nor ever were. Mr. Emma, laid, he (hould prove they were given and paid away, and that they were current at the time the aelion was brought. Mrs. Mary Filher laid, the knew the Plaintiff ; the had dealt with him, and paid him tool. for goods purchafed. She Rated that the Plaintiff had delivered the furniture to the Defendant on the terms mentioned in the agreement. On her crofs eiamination by Mr.Garrow,fhe laid, the knew bills of exchange had been given for the amount. She was not prefent the whole of the time, but the was certain the bills were drawn ; (he law them lying on the table ; the thd not read them. Having dealt with Smith, and had a flight acquaintance with Kelly, the had recommendeded the latter as a good collomer. The tool. the had paid was her own money. She was not born without money. She came of creditable parents; the had been acquaint ed with the Defendant time years, but had not long lived under the fame roof with him. He had been abroad, and of courfe (he could not have lived with him. He was aow in the King's Bench. She bad an apartment of her own, and did not live with Mr. Kelly. She never reprefent ed berfeif as his houfekeeper, but only as his ac quaintance and friend. She never appeared as the mitirefs of his houfe. She could not fay how much the Defendant got fur the goods when they were afterwards fold by arrelinn by Mr. Phillips. They were fold about five or fix months after they were delivered. Mr. Kelly was a gentleman, and had plenty of money. She was not of his parties. Mr. GAILILOW obferved, the Defendant might well have money, when he defrauded a RAM. man out of Rool. worth of goods, and immediately fold them by auelion- The firft agreement was offered as evidence, but not being (tamped, it could not be re( eived. MI. GAMMA', in his reply, laid the forms of the law were happily calculated to do Mice, and the Jury would be glad that the Plaintiff's demand could not be defeated by laying that lie had re. ceived fornething not war th a worth. lel. ',river of a man who was a priliner in the ircar The rt was nothing mote nr arts ihan this: the Detendaa wok a pr. tended Ilan.brn* nr.:ch int, IA dy knew, at:.l utl ni , ..n) n. '‘ , d•' I: .1 ..; l i fe in order lu 1./pOle ed the Al form as lie got point inn of them, he had availed hinifelf of the in yoduElion of a handfome, &thing lady, with a miff tioret, laced fpencer, and th e other paraphermilia of fallsion, who had previonfly vutehated ~ , nosis for which the paid te+dy money. The lir:nel tradelinan, dazzled by the bank notes, and the reputable name of Abraham Newland, never imagined it was a decoy to lure him, and put him off his paid. This was the ufual cootie of thole who meant to defraud : they regularly paid for the fir articles they pnrchafed, in order that they might get credit for others, for which they ne ver meant to pay. The Learned Counfel strongly, and with a Food deal of apparent probability, in ferred that the tool. had been paid by Mrs. Falter, wilt no other view than that of inducing the Plain tiff to give credit to her fubfequent recommenda tion of the DelenJant. He contended, that when a tradetinan agreed to take a bill for fix or twelve months, that the bill tendered to him ought to be loch a one as he could immediately carry to the dircount market. It appeared, that notice had been given by the befendant to the Plaintiff, to produce the Bills of Exchange ; but as it turned out they were notes of hand, and not Bills of Exchange, the notice was deemed infufficient. Lord ELLEMBOROUGH °blasted to the Jury, that it did not appear the ropufition of the Plaintiff had been acquieited in on the part of the Defen dant—this was neceffary, in order to make it mu tually binding. If it had been affented to by both parties, then this action had been brought too foon; but if not, the Plaintiff was in the ordinary fituation of a creditor, having a sight to maintain an affirm. It did not appear with any degree of certainty, whether any Bills of Exchange had been given. The fury, without the leafthefitation, returned a verdict in favour of the Plaintiff, for the whole of his demand, amounting to 7781. and the verdia feemed to give general fistisfaltion. • ~~ OLD BAILEY. l'efterday twelve prifoners were tried, four of whom were capitally convieled, viz. Anthony gong:say and Richard Gak, for burst ari oufly breaking and entering the dwelling houfe of John Fitch, a publican, rn the pari(h of Chrill Church, Spitalfields, on the night of the t ith of November !ha, between the hours of nine and eleven at night, and Dealing therefrom thirty yards of cotton, twenty eight of calico, and thirty of binding. On this indiament they were acquitted. There was another indiament for burglarioufly breaking and entering the dwelling honk of Wm. Thomas, a journeyman plaitterer, of St. George's Terrace, the call end of the town, on the night of the tot!, of January laD, and Dealing thereout a p'ere of bed furniture, four gowns, five petticoats, a (hirt, a pa;r c f pantaloons, two frocks, a child's petticoat, a flannel petticoat, and a great coat, th e property of the Paid William Thomas. The profeentor depofed that the above articles were, to his knowledge, in his one pair of (lairs front room at a quarter pan (even in the evening of January to, and that the window was then (aliened at the joining of the faffies, and the cover of a box, containing part of the articles, was then (hut down. At nine at night, going up (lairs to put the child to bed, he obferved the fafh of the window thrown up, and the box already alluded to open. Immediately he looked round, miffed his property, and faw that the ciarp of the window had been broken. He applied next day to the pub lic office, Wr rihip-Drat, and on the zr ft of the fame month, was fent for from that office, where he found fume of the articles Rated in the india ment. Mrs. Mary Thomas. wife of the profecutor, corroborated the evidence of her holland, and identified the different articles. Pickering, an officer, (wore that on the sat of January lark he went with the profecutor to the oufe of Anthony Jonquay, whete they found fome of the articles. That they then went to Gale's lodgings, where they found fome more ; then to Jellifon's, where they found feveral other articles. That he took Mrs. Jellifon into cuflody, the having been fire met in company with the pri loners at Jonquay's houfe. That on their fecond examination Mrs. Jellifon defied to (peak with the Magiltrate, and was (hardy after admitted as evi dence for the Crown. Peter Mafon, another officer, (wore he was in company with the former at the time of the arrell, and corroborated his evidence. And further, that after the committal of the prifoners they were put into feparate rooms, divided by a thick partition, and he happening to go into the privy immediate ly behind where they were, he overheard Gale fay—" Jonquay, this is a pretty piece of bufinefs for us !—What a Isla &el rogue Jellifon has turned out !" That Gale atked lonquay if they had not better go to Newgate at once ? That Jonquay anfwered " No. there's In many things againfl ns." A third officer confirmed the evidence of the two former as to the arreft of perfons. and deten tion of goods. Mrs. Jellifon Paid her hufband lived in Angel. alter, Bithopfgate.flreet, and dealt in eloaths at Rofemarylane ; the Paid the knew both the pri toners. On the r tth of January the taw them at Jonquav's houfe, and bought from them four gowns, five petticoats, a fhirt, a pair of nankeen pantaloons, two cotton frocks, a nsuflin apron, part a lonic bed furniture, a drab great coat. and tome other things, for all of which The gavel!. tss. She anted the prithners if there was any danger in buying the things, and they raid not ; the had known the prifoner s for about fir weeks before; the after wards fold Come of the things, and part of them remained in her poffeffion, which were found by the Officers. When the prifoners were taken up, the and htr hailland gave the Ma gillrates an account of the tia:.f.otiion. They had been in errand, on a charge of Reeling the goods. as well as the prifoners ; but the Magißrates. on hearing what they had to fay, admitted them to g.veevidencel This w•itnefs was eras eratnined byMr.A.t.ear, c , iitifcl for the prifoners.—She faid the bad not the MagiikAtes of this tsanfa6ion at sth; the • dJ the OtEcer2, when they took her up, that the L.Juslit the things of a palm the did not know; The War fo frightened at fir 11, that the did not know what the laid. She and her Lufband had been married twelve years: he was, during a great part of that time, abfent from her: the did not know where. Being atked how lone he was abfent, (he laid about fix or (even years. Upon being fur. ther preffed, laid her luilband might have been abfent fornewhat more - than feven years. Q Was lie not tranfported during that time ? Mr. Juftice La 131.1twe.— , 4 Mr. Alley, you can not put that queflion—vou mull prove the convic tion and fentence by other evidence." Mr. ALLEY bowed. A pawnbroker, in Bifluipfgate-greet, was then called to prove that Mrs. Jellifon had pawned tome of the goods belonging to the profecutor with him ; and the profecutoi s wife being !hewn the property, identiAed it as her's. Mr.jullice Ls Bsatic, in a very able and im- partial charge,minutely recapitulated the evidence of the different witneffes. He concluded by ob (crying, there were two queflions for the confide ration of the Jury—Whether the hook of the pro fecutor had been broke at night; and alfo, if the prifoners were the perfnns who broke it The evidence given by Mrs. Jellifun might certainly he. doubted, as, according to her own account, flue dealt in purchafing goods little better than Bolen, and her evidence mull, therefore, appear very fufpicious. However, if other circumftances and other evidence corroborated what the Paid fo far as to fatisfy their mind, they mull certainly find the prifoners guilty. If, on the contrary, they doubted her teflinaony, or thought the was not borne out by other eircumftances, the Jury mull needfully acquit them. The Jury, without a moment's hefitation, de dared both the prifoners Guilty—Death. Moles Solopton, a little boy of tz or 13 yeas of age, was inditled for burglarioully breaking into the houfe of Jofeph Whitworth, taylor, Shoreditch, and healing from thence, between the hours of fix and feven, two Ilk handkerchiefs, the property of the Paid Jofeph Whitworth. Jofeph Whitworth, the profecutor, Rated, that on the zoth of January Taft he heard a noife at the door, which being opened, an officer appeared with the prifoner at the bar, who had a handkerchief in his hand, which the profecutor immediately re cognized as his own. Bernard Glee, one of the Worthip•ftreet patrole, Rated, that while going up Shoreditch, on the zoth of January laft, he law the prifoner and fe veral others looking in at the profecutor's window. He pallid at that time, but came back immedi ately, and found the window then fafe. Conti. nuing for tome time on the watch, he obferved the , profecutor go into his houfe ; and the boys, upon this, calling one another together. The prifoner at the bar had his arm bare, his Ihirt fleeve being turned up. He law him put in his hand at the window and draw out the handker chief, upon which he went immediately and feized him. A great number of witnefles attended and gave the boy an excellent charadler. But as the fall appeared to the Court to be clearly proved, the Jury found their verdiel—Guilty—Death ; but earneflly recommended the prifoner to mercy on account of his youth. He is a beautiful boy, with thick bufhy hair, turning up in natural curls. Rokrt Matthew:, for Realing a bay mare, the property of Thomas Keates. The profecutor depofed, that the keeps the Swan Livery-Rables, at Moorgate. On the Bth of Feb. the prifoner came and hared a mare of him, fay ing that he was a Captain Thompfon. and that he lived at No. 16, in the Minories. He faid that he was not going far, and fhould return in about an hour. He agreed to pay ss. for the hire of the mare. The prifoner not returning, the profecutor went the next day to the police office, and had hand bills printed, defcribing his mare. A few days after, he was informed that his mare was at the Red Lion Livery Stables, in Cockfpur-flreet. He went there and found his mare, and took the pri- loner. James Goodwin, the }loftier at the Red Lion Livery Stables, in Cockfpur.ftrect, depofed, that he bought the mare (worn to by the profecutor, of the prifoner, for 61. On the Friday following, the prifoner wanted to fell him a gelding ; which made him (aped that this and the mare were llolen. Having appointed to meet the prifoner, he took with him a conilable, and fecured him. James Bligh, a conflable, depofed, that he ap. prchended the prifoner, at the defire of the laft witnefs ;—the defcription of the mare given by Goodwin, exa6lly agreed with that of the prole-' cutor. The prifoner (aid, that he was a mariner; that being difireffed he had fold the mare, but intended to repay the profecutor the value of her, if his out voyage was profperans. He had no intention of felling the mare when he hired her. A perfon who had been a voyage with the prifoner gave him a good charaCter, as did likewife another witnefs.— The difference in the accounts the prifoner had given of himfelf, teemed to convince the Jury that his original intentions were to fell the mare. They therefore found the prifoner—Guilty—Death. Seven were convieed of felony, viz. Ana gores, for ftealing two gowns, and other articles, the prrperty of Alexander Grant. its gat Adam:, for Reeling fix [hovels, the pro- perty of James Lefsley. Peter &oda and Jesse: llottigeray, for fleeting alibi. of tee, and other articles, the property all John Minion and others. job Colmar, for flealing a pocket.handkerchief, the property of William Green, Timm Ahrray. for healing a quantity of black lace from a Swedith mariner, named Polle Elflrom. The prifuner was one of thole (harpers who infell the Rivets of the metropolis. and watch the coon- try people and foreigners, to whom they defire to (peak in private, and then offer great bargains of valuable tooJs, which they carry concealed about them, In as in irnprefs one with an idea of their being fmuggled. The profecotor, who was the mate of a Swedifb veffel that lay in the river, had been one day about s rhe middle of lad month, in I the city, to farehae Several articles that be wasted o take Aih him to Isis ovrti.country. As lie teas returning to the !dimities, he met the pi itm er , who decoyed him Into a public-houfe, and pre. *ailed on him to pnrchafe tioaings and 'al ions Other articles, which lie conuidered at the time very cheap, but svhich, on reaching his lodgings and lhcwing them to fume friends, lie found to b e good for nothing. In a day or two after, he met the prifoner in the ecercife of his occupation, and taxed hi:n with fraud. He followed him into a hoof:, and happening to have the lace, !rid in the indidment, about him, the prifoner enturived that one (Ibis accomplices &mild take it away. Foe this he was apprehended and indicted. The Jury found him Guilty. Hannah PollarA was indided fir privately Real ing, in the Ihop of Samuel Benford, on the agth of January 141, a remnant of lace, containing three yards, value z zs. . Elizabeth Harding Rated, that Mr. Benforet WAS a lial3erdallser, and lived at No. cio, in Oxford lireet. On the 29th January the prtioner came to the (hop, a!sout five o'clock, and lonked at fume lace. She !laid in the (hop about half an hour, but did not buy any thing. The witnefs obferved an end Of lace hanging out of the prifoner's pocket, with Mr. Benford's private mark on it. She in formed him of this circumilance, and on ber outing the prifoner, after tome hefitation, the palled the lace from her pocket. Jackfon, one of the of ficers at Marlborough erect, produced th e l ace , which was identified by the profecutor. The prifoner made no defence; but called &ve. ral witnefles to her charader. She was indulged with a chair during her trial, being in an advanc ed Rate of pregnancy. The Jury found her guilty of Reeling to the value oL4s. thereby doing away the capital part of the charge. The rifoner was then tried for a fanilar off e n ce on the fume day, in the (hop of Mr. Matthew, in Oxford-flreet ; hut the witnefs not being able to identify the property to tae fatisfadion of the Jury, the was acquitted. And one was acquitted, viz. .7,-orthz& Raynar4 llealing 27 guineas in a razor cafe, the pro perty of the legal reprefentatives of Mr. Kn'owles, deceafed. according to the fiatement of Counfel, which was not denied at the time, was a cafe of particular injunice, and the moft flagrant breach of the feelings of humanity. The prifoner was a relation of the deceafed, and in his dying moments was requeiled to fearch for the above fum, which Mr. Knowles laid he had fecieted for the purpofe of paying fome trifling debts, defray ing his funeral espences, and the remainder for his child. The prifoner not finding the money re. quired, at the dente of the deceafed, took him in his arms to the place where it was hid, and by his further in:ft-unions the prifoner found the money. and carried Mr. Knowl e s hack to hi s bed. Shortly after, Mr. K. expired. The body lay uninterred fome days, until a creditor advanced the rum ne ceffary for a funeral ; but this relation and trace (as was afterwards allowed) refuted to deliver any part of the money in his hands. Mr. Jußice CNAISIRE obferved that the Learn. ed Counfel had made out a cafe of make, which was cognizable only in a Civil Court, therefore not proper for difcuffion in a Criminal Court. The Jury accordingly, under the learned Judge's direction, returned a verdict—Not Guilty the of- IC lace, ed &ve. idulged tdvAtte• ' guilty away offence leo, in able to le Jury, evaar4 ie pro. riowles, lent of , was a ' tgrant Irifoner dying above ted for defray. for his ley re. him in by his none y, ihortly iterred truftee 'CT any Learn. which Dee not udge's at. Piet Obliers tome,: re front ; the tutoir nd re. the fe• shied t treat. dolt et u 1 ilia wpm- ;eon. 17 &s- -re do. REAL bat de. It EN. is the 17 hap. a of att its ale that 1 la the into vakat ebldti Saks. rt tam. wire mac& DEM lake. a here resod dads WM' beano minted t mat F. eel it the mnatly Arse. /Was i 1111,„ rare. MIL lee ell Nee • DltD. Yefterday feanight, at hi; hoefe, Devon!hireftreet.„ land-place, Waiter Kettleby Alder Ert agvd l'ha fame day, in Collcge-ftreet, Weftminitcr, Mr. Olarger s aged 4 6 , Bookfeller to the Royal School, We!tanager. At Liverpool, the Bth init. Mr, James Brandnah, attorney. On the 6th of November Ice*, was loft on Tile parage fr- Chariefttown to Philadelphia, at the Capes of Virginia, I fudden upfetting of the weird called the Metres, hcr. William Pickering, aged 23, fon of Mr. Hollings Plekering,of Leeds. HIGH WATER AY — LONI/6N BRIDGE it-mostiv" Morning •••• • • • 0 animates after sa Afternoon W HEN ProfeiNnnal Men of education and fponfibility deviate from the general fyftent by the !talon of a peculiar Branch, the Can.-lion of long oandmisi fuccefs is the licit criterion of fuperiority. Ten years have I devoted my prattler to the viaisfire meat of THREE DISORDERS, and the tinniest reran, my plan gives ate additional ardour to oppofe as far as I I able the ravages of thole complaints which are the moll Import ant in the catalogue of human inermitka. After initiation into every branch as an Army Surgeon. formed a will at an early period Pradtice to minis laillvido. als front the ignorance of uneducated Men, or the equally gemprecipitancy at general Antairienetu The THREE DISORDERS, to the core of which I hove voted my attention, comprise every (petits of VENBILEAa INFECTION, whether of a recent or long darationstßy. AU kinds at DEBILITY, wheth er 'riling from the habits - Schoolboys, Sr the Indulgence of marine age, and Lilly that rawness of the fyftem In Wiesen whkh is caned BARREN. NESS or STERILITY. Numerous &Wes are the Wok of ignorance or hafle treatment of a funpls Gonorrhea, and it not uneregaently pens that the feeds of life are bythe ladders-don o *lauded hour. ily a f method fuck complaints giddy cured, and even where others have faded, I muff s' may prefurne to offer a radical re.effablillioneut. Few, however, arc the cafes of complicated diffrefs Ist diforder, compared with the calamitous fituatioos of Men. I from to/Mgence in a SOLI TARY VICE, or the lima._ Gaieties of a faitionabic Life, acquire that date of Debi* which is the unavoidable eordequetics of filch penile-it/us balks. Where the unhappy fialforer broods over his inifery, but ease fully conceals his misfortune, it may be fame confolation him to Wow, that although it be an °bled of doubt or once& tainty with other Prod/timers, the removal of •liefe DEPT. CIENCIES by the gradual propels of renovaloo es rhea/lain% meat of my experience. If the rites of Baechas or Venus have begun to redoes manly vigour, much society will be premised' by an early counteradion of this languid Rate, and in mks no great difficulties will occur. But wisere this deficiency has for years atißed, a proper Perfcverance is ladifpcnlibly requite to revive the flimabeslng (parka of I.llc, and to re-animate the Coaß Motion. MARRIED WOMEN, who have ions been ilitappoineedl In their expeditions as Family, may be armed, that n Inftartees fuck Weds are nimble by Medical The SECRI.CY which is fo cffential to my undertaking, the Chi ilineations which I have 'returned to Rate, ham Baru ot my pratenfions, and In coincidence wish loch this kits matlsn is given, that Mr. rkr.t: may be cooloirol pr r= =ten incioang a (mall n ote ) at his tirade, N 0.29, , Strand, near I'i:triple-Bar There is an additainal entrance la Water-Area adjoining and the name is on both the doors. M. BRE& Munbet 44 tic Royal CaSege 0 Seresess. LONDON: Primal tut the Prnpriet.ra, by JOIIN DAN (of Maiden-lant, envet,t-Ganlen) at the STAIR Pamir Omer, N. 1, Cat-f-Rrect; anti publith..l hy Lt. KENT , a(Caaaciatt(-platt.Lavaleth)it vo I.Carey-Rant and at the ST aa-Otttea. Terapk-Bar ; to watch Oats ar cammiaakatiams kink Lan OR art revelt• i •s w addrette