The National Register. — London, England, 1822-02-18 00:00:00

LAW INTELLIGENCE. COURT OF KING'S BENCII. TBUNSDAY, FEB. U. OWEN O. SMITH. 1 Ir. Marryatt stated, that this was an action of trover, to recover a gig a lin harness, under the lollowinx circonr stances. Tile plaintiffthail beets in the habit of hiring horses of a person named atkitts, Will) was in fact the real derendsitt in this case. and from whom Stuitit had au istileinititv, Atter having hired horses fur sometime of Hirkins, the plaintiff was persuaded by him to purchase a horse and gig of him. The plaintiff drove &twit to Cheltenham with his new purchase, where he sold the horse. but sent the chaise and harness back to Smith to be taken care of till lie returned to town. SO4III :c ter he dill reltint, and ap for his chaise. when he was told by Smith that B:rkins had taken it away.saying it had been improperly obtained from him. Smith at the Sallie time stated, that he had got an iiitleentsity front Litrkiits, who would hate taken it away by force if lie, Smith, had refused to gave it up. This case was proved uti the part of the plaintiff, and that the chaise was worth 401. . . . M r. Searlen, fur the defendant, {WA that the plaintiff had been known to Mr. Birk ins by the name of Hoare, and nut by that of Owen: that the chaise and two horses were obtained by the plaintiff nixie) an agreement, that they should not be fake' awayl Birktin's stables nil they were paid for, and that subsequently the plaintiff, in breach. of that contract, took them away without pay ing Mr them, He called witnesses to prove these facts ; in which, however, he failed, and it Mrther appeared that fur the first hone and chaise the plaintiff had given a bill of exchange. The Cute( Justice said this was stiflicient to vest the praperty in the hone and chaise in the plaintiff, and the purchase oldie second horse was another contract alto- I her. IVhatever 'high be the complexion of the case the Jury intim decide according to toe law. The Jmy found a t erdiet no the plaintiff—Damages j'il.--cosib 40s. FRIDAY, FYB. 15. EMERY D. DUERR. This was an action brought by the plaintiff, a car pe ilicr, to recover 261. lent to the delendant,a shopkeeper. The defendant alleged that he was not entitled to call on lino to pay the ahri‘e sum, because the plaintiff by brutal Allence Sil improper con d uct had compelled his wif: to leave his boost., •ind seek board, lodging. and necessaries iu the house of the defendant, who supplied her with ne ci-ssaries to the summit of 251. and upwards. It appeared from the evidence that the pl • •ff had occasionally been tortured by" the green.eyed monster." II is woe wrote a letter to a paiith named Latham, and a discovery of the epistle occasioned much unhappiness. After reik•ated misunderstandings he told his wife to au to the house of her father. The latter having nu ac comitiodatiim for her, she went to the house tit the de fendant, where she remained 14 weeks. During that bane Air. Gobi:) , supplied her with chitties, necessaries, atid lodging. '1 here was 114 proof that the woman was guilty of adultery. Mr. Nolan, for the plaintiff, contended that there was no evidence to prove Gubhy paid for the clothes said to :he supplied to t h e pla rs wife. Ile was willing to admit the defendant was entitled to a claim for lodging, but it could not amount to any thing lake the suits which Lie lama sought to recover. The Lord Chief Justice said, the Jury had to decide whether the defendant had a fair claim for 101. The law would compel a man to pay for necessaries supplied to his wife. There was nu woof of adultery. The plaintiff expressed jealousy, and thinking his wife be haved improperly, compelled lief to quit his house. He directed her to go to her father's house, and if sne had gone there the plaintiff must have paid fur necessaries.— It was in proof that she had no clothes when she went away, and that she had since been furnished with ap. pared. If the Jury thought the articles supplied worth 1151. thty ought to feud a verdict for the defendant. •1' he Jury found a verdict for the defendant. COOPIIR O. WAITIIHAN AND ANOTHER. Tins was an action against thelaleSlleas, for an escape, permitted by 01.4 officers. The plaintiff, who is a trad,sitiati, in the iivigithourhoud of Bond -street. King desirous of arresting a debtor named 1)1% idson, who was in a lock-up house in King-street, Sohn, a warrant was put 11111 bands of the ()dicer, but bc:tnc it was executed, the party was suffered to escape. lii tltc course of the tn.,' at appeared that there was a mummer in the meat, 311 d t he plaintiff was nuitsuated. COURT OF COMMON PLEAS. MANE V. J. LEE, YEN. ANN T. E. LEE, JUN. This was au action brought to recover dainagis for an rissault alleged w have been con 111 l i l Led by the defendants tilion the plaintiff. Sergeant !hillock, Mr. Adolphus, and Mr. Chin'', conducted the case for the plaintiff. Sergeant Vaughan and Seigeant Pell conducted the defence. he case sated on the part of the plaintiff, who is a grocer. residiog iu the City-road, by the evidence of the witnesses, was, that on the 22d of September last, lie ordered a black la to fix a scraper by the side of his door. As the 1.1111111 was at work, the defetitlant. Mr. Lee, who is a conlectioner, and live s at the next door, Crum slut, and, exclaiming io angry filatilleF that the sctrpt I encroached upon his premists, ordered the smith to desist; but the latter worked away, %%idiout paying the s.iglatest attention to the orders vett by the deo-inl aid, %now anger was thereby increastd to a desperate pitch. Ile l ethately fetched a cooper's ai:u, and hammered ill that part of the tiCraper winch he canteen encroached on his premises. The smith, or rawer (Laker, ran in to complain or the prejudice dune to his work, when tile pl H ordered Ia i 11l tutlu it user again, atid gate li.th an IWO crow to protect luutsell against the defendant, and ordered him not to lie aliaid of retorts- Mg any blows that might be bestowed mem him. The ti:tker wt to work as du, fin.slicd his job, ahei left the THE NATIONAL REGISTER spot. When the defendant came ont again to demolish the work with his adze, the plaintif went out to defend his property, when a scuffle ensue I, and the de fendant aimed a blow at the plaintiff with the ml z', which hit him in the cheek. The defendant's suit heir int; the disturbance, ran out and set upon the plaimilif, who it was sworn was severely beaten ltv the two, who are hoth powerful men. 'lite platandt's dan on interfering for her father, was struck several nines by the ilefendatn's snit. On the part of the defendants five witnesses were called up, and swore point blank against the evidence of the ten for the it was proved, however that the scraper was so fixed as to encroach upon the defendant's premises, and was placed on the left hand side of the door instead of the right, where it could have been of an inconvenience or annoyance to the de fendants. The Jiffy after an excellent charge from the Learned Jil , 'ne, returned a verdict against both defeudants.—Da iiiaBes, 16. cacti. Melancholy Catastrophe —FRASERBURGH, JAN. 25. This attentotm, btaween nvo and three o'clock, a sloop, supposed, and which was afterwards ascertained, to be the Mary, of Gartletistown, coal laden, hove in sight, and'otade for this harbour; the pilots maimed three boats, and went out to meet the vessel, with hawsers, but the sea was running so hipli that only one of them could reach the sloop ; and melancholy to relate, that one, when close by the vessel, was by a heavy sea upset, and all hands (five in tier) %vete precipitated tut° a watery grave. The vessel then 'hove in the leeward, and haying struck nit a ridge of rocks, all hopes of saving either ship or crew were lost. Lieutenant Crocker, of the ereventive Water-guard stationed here, iiimiedi tidy on seeing the perilous situation of the trtfortuthate crew, who were by this time clinging to the rigging, with a degree of humanity and courage which deserves the highest commentlatton, got his small boat launched, and along with three of Ina own inen, arid a sailor belonging to this place, went to the vessel, and, had hot all hams the boat, con. rary to his order, whereby the rowers were so t•iictinibereil that they could not m attagc their oars, would in all prattability have succeeded in saving the whole, ()tit by the violence of tile wind and sea, the boat was carried among the breakers, which were running mountains high, and. amidst the heart rending cries of the wives and relatives of the poor sidieras, and others who witnessed their deplorable si tuation, upset, and all in it, 14 in number were com et tttttt nued to the fury of the waves. Lieu', Crocker being an excelleut *smithies., was the only person who reached tile shore in lute, and though much exhausted when he did so, is now happily in good health. Nine of the seamen who have perished, belonging (0 Ohs place have kit widows and children in very dependent cir cumstances. Eight of the dead bodies were cast ashore a few hums alter the boat upset, and every 1114:JUS used with them fur restoring animation, but in va to. The report which is so general of a letter having been lately received from a high personage in his eon hand o ming, by the President of the College of Phystciatis, prescrtbmg, with great utinuteneu, a Court dress to be worn on all luture occasions, reminds us of an amusing anecdote which took placesonic years back Al Plymouth, and tends to spew how differently the same owner was there treated. A certain Doctor of Pnysic, who was a little more attentive to personal appearance than some of our hard fighting scannas thought necessary, and whom, from general respect to his eharacter, we forbear to name, applied to a noble Earl, now far advanced in years, who at that tune cot 1111 l anded the Channel Fleet, with a vi gour, capacity, and genius wholly unexampled, and ink/ruling I • hat no uniform had, by the regulations of the ter% ice, been appointed to the physician oh the deo, begged to know if he might nut be permitted to wear one. " Yes, certainly, I)octur," was the illlSMer. " What shall it be, my Lord ?" " Just whatever you please, Doctor," was the reply. Akw days aiterwards, a boat, containing an eflieer, apparently very richly dressed, approached tile title die Paris. The Admiral, whom nothing ever escaped, stepped hastily on deck, ordered the whole crew 1111 be turned tip, the yards to he manned, and the officers to put on their side arms; by this time ilie boat had ipproached so near, that a consi derable uie B ree of discomposure and Ulleaslllel4l was nis cermble in the countenance of the richly dressed stranger, who began to call out with all his might to the First Letatenant, whom he knew by name, " Stop the baud, fir Gull's sake, I am Doctor his Lordship will he so :wary when he hears it." Au order on board the Fake de Par is Watt never long in eat cu•tuit ; every yard was manned, every officer was its full dress, and the whole band in full play, a ceremony so imposts% as ne ver to tut forgotten by any body . whir it is wino ised it— During tills tattle, the poor Doctor, won fil.•Clell the whole to hate been a west, key acraniblvd tip the stile's side as fast as possible, arid tuninled isrm the duck! Not A word was s wkeu; .very tutlitxr and luau w .s headed ; the Larl himself, attended ley the Captain, stepped out of the cabin, and mak mg one of his luiwust aim hest-bred bows heime the appalleu here benne him; as he lifted up his head, he for the fits( time c.a . . Ina eyes upon his countenance, exclaiming in a trine to tile greatest apparent surprise and sualpheity, " I declare I thought it had been an A meal of the Fleet g out to supersede MC." It was obsersed after 41116. it it thougii the Doctor s often led omit on board the Ville ale Paris, Ire llt‘cr atterwartis Caine lit eight and mite o'clock, out %%dewily night, a hoe lute girl, who was earryity a LIMAN tit eluuhrs home to her SIO.IIIICI, was stomped near the Castle in Tuthill -meet, Portpule-laitr, by a gang at youmnm rutliato, ono linen that Limier whilst OA° ul kept her p(I both. I ‘4lll!elic.i hauls Oil her i nn.1,1 It, prevent her calling out, dimmer tit the gang ruts uti with the Imitate. Site was then knot:6 . d down m tie u. 011•, AA her nead was shockiugly bruised against the Stunk s. The villains then ejecta! their escape. 11110(I11.114,111 , was 61. C 4. tau . li.Ufladay IN the lush., ) at iieteott:sa-et BOXING. The renewal of the match between Fordham, the miner, and G. Holt, took place early on Thursday morning in an open ring at Alalsby, on the forest of Bagshot, towards Guildford, for the orignal stake of .5U guineas. The last battle, two months since, was declared a draw, as both men were hit to a stand-still, and often went down from distress with out a hit. The fight we are about to record was not one of scientific shifts, which they were strangers to, but it was manhood pourttayed during the 22 minutes it lasted. It took place early, to prevent confusion, as the parties, the men and their backers, were anxious to know the best man rather than rabble applause. The same seconds officiated as on the tbritier occasion, and a gallant fight of eighi rounds tbllowed in which every inch of ground was stubbornly maintained, In the first round the combatants could scarcely make up their minds to shake hands, from eagerness to begin malleling. They twice got their arms entangled, without the design of mischief being realized, and they separated as if by command. At the next meeting Holt was hit down upon one knee, by a blow on the chest ; but he recovered himself, and a slaughtering round of give and take followed, which lasted seven minutes, when Fordham was dropped by a hard round hit upon the temple, and both were streaming in claret. 2. The combatants tumid to again, and exchanged several awkward round blows upon the head, and in the rally Holt was hit down. 5. The fast fighting of the men was stopped for a while— roaring and not piping wat the order of both, and in meeting lonlbain was thrown. ♦. Second wind, replenished efforts, and a merry round was fought. It was manfully rontesusl, and Iloh brought his ad versary's herd down by a body hit, which set him abroad, and he was knocked down and had the worst of the round.—Y to I on Holt, S. 6, and 7, were gallant meads at the scratch. In the Stlt Holt kept his ►uperionty, although he exclteimered his adver sary's hl in time, yet he had the worst of the latter pan of it, and was thrown a heavy somerset. In the other two rounds Fordliam took the lend, Ilolt's right hand having become dia. aided, and he was grassed in the 6th and thrown in the 7th round. 8. Holt mule a gallant stand, and fought under disadvan tages very bravely, but he wanted some of his namesake's know 'Liege. He was hit down senseless by a blow under the ear, and a street full of watchmen could not have dunned time into his ears although the winner, was most beat. VACCINATION.—The usual Annual Report, to the Secretary of State for the Home Department, from the National Vaccine Establishment, has just been printed by order of the House of Commons. It is signed by Sir H. Raiford, President of the Royal College of Physicians; by Sir E. Home, Master of the Royal College of Surgeons; Sir %V. Blixard, and H. Cline, Esq. Governors of the same; and by Drs. Frampton, Hume, Badham, and Loyd, Censors of the Royal College of Surgeons. The report com mences with the declaration that the test of another year's experience has produced an increase in their amlidenee as to its benefits. They add, that it has been practiced more extensively, notwithstanding the influence of exaggerated rumours of the frequent occurrence of the small-pox subsequently on the minds of some persons, and the obstinate prejudices of others. It appears, however, to be no longer doubtful that the small-pox, in a modified and pecu liar form, will, sometimes, take place after vaccina tion; but the disorder has always run a safe course, being unifier/1/y exempt from the secondary fever, in which the patient dies most commonly, when he dies of that disorder. " For the truth of this assertion, (continues the report) we appeal to the testimony of the whole medical world ; and fur a proof that the number of such cases bears no proportion to the thousands who have profited to the fullest extent of security, by its protecting influence, we appeal con fidently to ail wlio frequent the theatres and crowded assemblies, to admit that they do nut discover in the rising generation any longer that disfigurement of the human face, which was obvious every where some years since " 1 here! is one imam:ant observation made by these eminent professional gentlemen, in alluding to occasional faili.res inhere vaccination has been employed. Among the most frequent sources of those which have occurred, it is remarked, and " will for a time continue to occur, is to be numbered that careless facility with which unskilful benevolence undertook to perform vaccination in the early years of the discovery ; fur experience has taught us, that a strict inquiry into the state of the patient to be vaccinated, great attention to the state of the mutter to be inserted, and a vigilant observation of the pro. tress of the vesicles on the part of the operator, are ail essentially necessary to its complete success." Extraordinary fivundify 0 . a /:we.—A ewe sheep, the property of Mr. Edward !baby, of Amberley, in March, 1811, yeaned him four lambs; and on the Ist of the present month she produced him six yean lings, making together ten lambs, brought forth by the same ewe in eleven months. Saturday se'imight a large sow!: of barley at Mul lion Grange, was set on nre, and whirl °win - tcr- • • the high wind, was entirely constaii e in cendiaries, We hope, will siveilily meet - that punish in,:ut which their villany merits. The tke wits stcli fur the sp.ice et 20 miles round llougliam. .1 Mre, t 1 .-•