The National Register. — London, England, 1822-10-21 00:00:00

Mr. Gurney, for the def. uthint cinteoded that the action could Ppl he inaiiitiined. !lei e wa, no prowl of malice. It ~an a proceeding arising out of pecuniary timisactionb between the pdatecti, and tile ellect the Hurl of the deli idiot. Tee Lord Chief Justice was of opinion the action could he sustained al the Caine tint, the Jury mt.:lit to con:oder weeii. e e Were was proof of malice. The Jury t..uuuJ a leidict for the planititi—llaulagea Idl. FIIIDAY, OCT. 18. COOKE O. H. PiEOENT HELL. The p'aintilT brought hiv action aAninst the defendant to re cob,. r money had and received tini:er the following •tal,eeh Al r.Cnoke k an engraver, in St. Martin's-lane, and the ile fohisitt, accordin,i to his own statement, is a barrister, r si ding at No. 1, 'loyal 'terrace, Adelplii. The defendant had fib, reputatimi of being • genealogist. The plainitil, who is the nephew of a Mr. Cooke, who died in 179:;, pusses:bit of lar_c estates, considered himself heir at law, and I e applied to Mr. !Jell to make out his title. Ile detailed his claim, and Mr. Bell said Ire had no doubt ho should be able to establish the plaintiff's title to the estate, and also get him a Peerage dor...ant iii the family. airs CLiuke some lout after his app:i cation received the followi-g letter : " St have reflected oo the statement made by yon, re lating to the a states of your deceased uncle, and as Barristers cannot legally tiling actioas for Les, I have suffered by my inability to carry oa last actions with elfect. As it will be necessary to make out a pedigrea to show your aflioity to your deceased uncle, according to the law of gen.2.ilogy of descent, I could not 1.,r any sum less than Zia compile a pedigree, and Rise such advice as I could impart, consistently with my ro tessioual duties." " 11. A. BELL.' The plaintiff baring received the above let;;;,t1;;;I:tthe tlefen:laut had examined all the records told charters enrolled since the reign of William the Conqueror, cid not having so much looney, went to his friend Woodburue, who advanced w.:icli was paid to the deieudaut. On .be 4th of Weather fuflowing the defendaut wrote auotber letter. ut stsnitauce as SIR,--I encl. se you the p.-digree of Sir Anthony Cooke, am. the demise under which the family estate came to your uncle's possession I have devoted the whole of my time since the 21st of October to your business, and as that Mute is vs . Wahl, to me, you are my dehloe. There are Counsel's fees to be paid, and u. I wait more money io carry uu the war with vigour, you must procure souther fond." The defendant at the same time fJrnished an it econnt of the money eapenoed. The ileitis were curious. Mr. Cooke again consulted his friend :dr. Woodhourue, who gave molter draft for IOU!. which also was [mid to the defendant. A fete dnys after the payment of the second sum the plaintiff and his friend called ou the defendant to ascertain what prowess he Lad nude, when, to their great astonisament, ithey were told be had left London for Ireland, mid would not he back before March. On the defendants return the plaintiff and Mr. W. waited on him, and asked *hat progress be bad made d The defendant said, 1 hare eaaniiald many records, and the pro secution of this claim will cost more money than I thought ; the issue is doubtful. and I think it licVer to go no further.”— The plaintiff replied. Then give me back my money.". This the defeudaut refused ; and in a few days feruished the plain iiir with an account. The items were, lat,utiences on various occasions on what was termed Mr: Cooke's business, and some of them were really Mr. S. IVoteibotwn pioeLd the a'iose !ads. There was no defence to the action The Lord Chief Justice said, it seems to me a professional man would upon hearing the pliant:4's ca.e, say, that the time which bad elapsed presented so many difficulties, that it was oarless to eap:nd money. For my own part, I have no doubt respecting the transaetion, a n d if the Jury think the de fendant II'tall( to cajole the plaiatill', and IL it he tenl, steps in the business, their verdict twist he fur the whole sum of our huin:red and fitly pounds. Mr. Scarlet, who was Counsel for the plaintiff, 6314 to save his client from the chance of Inviug an action brought against him by the defendant for any services which lie alight have per formed, he should consent to take a verdict for !did. The Jury ituiuediately found a verdict for IOU!. damages. Glt LENSFILLD V. 111:13:0* AND OffIERS. Mr. Gurney stated, that this action was Irenglit by the ',Wittig*, a respectable attorney, agaiost the defendant, who was one of the proprietors of the Hastings stage coach, to re cover the value of a porttuanteau lost in the put ney from Lon don to Hasti.;,;s. The plaintiff being desirous of passing a few days al Hastings, applied at the 11:ile Saurage Inn to go by the coach. Ile was told the coach would take biro up at the Gulden Cross, Charing-cross. The plriutilr consequently took the coach as an outside passenger at Charing-cross, and hi■ portmanteau sea, secured with the lugga,;to on the top. Tim cuse:imati being ur pinion the portmanteau was not properly stowed, it was removed to be put in the boot. \' ben they arrived at Hastings the portmanteau was missing. The property iu it was estimated at 501. The plaintiff applied to Mr. breeds, who wss concerned in the coach. at IL.itiogs, and be pro mised to pay the plaintiff's loss, but failing to make co.t.pcisse lion, the present action was brought. Mr. lituokbank, a gentleisiauk who went cm the coach to Ilastin 4 s with Mr. Greenfield, proved the package of the port manteau upon the top of the coach. Ile dtse,iiied the loss, and added, that Mr. Greenfield was n.tich theeneenieuced by the loss of his linen. Ithf.iiittilf bail not a shirt to west. Mr. Seat lett for the defendant, much to the amusement of the Court, produced the declaration in the cause, cautaining counts. It extended across the table, and was lire yards lung. The matter was engrossed on parchment. The LLief Justice said it was long enough for a stair-case carpet. This curious instsoce of legal process was produced to con •ince the Jury list Cie action cat brought by an attorney. The defence was, that the reticle Lad nut been booked as • a parcel () . ..10V/f the value of 51. TLe Lord Chief illative' vas of opininn that the plaintilT tvus entitled to recover, because tile subsequent premise to make compensation was a bar to the notice iu tare del:mine:a a uniec. The Jury were I. ft to give what tuey eal2b:lieled tag lair snide of the portmanteau. .1 he Jury found a verdict for the plaintiff—Damages 251. THE KINO e. Ttluiturbl:6(lol). The defendant was found guilty cf an assault on Thomas Feather. It appealed the perils had bran been bet:bii4 nt • 1i41.t. The defends:A lost, and the pros" eutiir, ■t • pub ac house di manned psyin..nt. The &Set:stunt lefustel, in rouse queuce of is Innis a dispute Amer, and the der. uila t shuck the pi &weenier a violent blow uu the ause. The Jury found him— Guilty. A PAVIA inns of the Dr 1. ()oh (;:i2rtis 110111 AlatiLlica.cr at Nuttiii6itam 13.tsr.tcks, uu the TIIE NATIONAL REGISTER i3oltce. MARLBOROUGH-STREET. DRE.SDFUL DOPIIATITY.—Yestordoy Henry Pocock, *ha., was 1111111101 S 4, for eVlmilsastion on a elosrge of exiorllll4 Irons - St•j0000r, E.q. of Dublin, anti now e side nt in Brini•tillite-bilevl o .evel al sinus- of money, under is threat ul charging him with * intender* Obese... Sir George Fdrrant inrestigntril the rase, mud the toorn in whirl, the exatoinet4ol3 look place war CI ON tied by the 1 . 1 iettJs of Mr.:4111111011r 9 wlico.e laity waa lro pre.eull she apps :iced •11 attic ietl, and N.ls ill teats dm lug ilie exa mitiatiall. The fullowitig %bus (lie exliaurtillaaay evideuce • Mr. Seymour stated, that en the 6111 of last September. lira w eels 'terra and eight tecluek in the eveiti , .ig, lie left his resideoce au HI panatela..as itoi, intending to rail ii; a friend in Berner.s street, and proceeded toss arils 0 sturtl street, rotund Pm tmaii-srpiare. Oii hinting the corner of Portman-sheet he islet the prisoner, whom he never had seen betore. Tito prisoner entered into conversation, ttud 1 canal keel upon the state cf the weather, and finally asked %site, e Ilse witness wit. going; lie intormed Imo that he 4145 proceeding 10w'iIus hie Alithilesex liospital—the risuker teams kelt lie was ginng in tile state direction, anti asked it the witness would take part ut a hackney - COACII. aiturft* having that intention, expressed lis willingness, amid acres dangly a coach was ratted by Ilse prisoner, and the W 111,4.4, got Into 11, lulving 10141 the eU•le111114u It, I:live to lies - sies gout - Eel ; but he perceived the prist.thr gee the flatlet - matt (or cuarli attesitlant)sume it 00000 11110113, and then tome intu the coatis, which was then driven up Multilane:di eet into the striate. Witness Ilseu tetilorked, that fl as not Ike i;;Lt way, anal the pri son, r 641 , 1, " Newel - 11im.1, I :101l 401114 round M4r)lebui:e cher. li." The roach preen ding mi tits utigh (ilum:est er place, the flatness became alarmed, and said he weal.' It act Ilie enacts to aim( hie pi osonet ), Ito thee. remai ked, " 1 1.11411 otter 14111110 dine ID Mill lelialle a 4161 Moist., as I kilidid to 4:bulge yin' with sisal-prat - het s." The it isess,seri cal) knowing what to 'slake ail; his extraurdniaey situation, demanded lu knew *hat lie meant isy stud-prate lice.; when the primmer gave Wan a rely inneticate ex. plana ion. *rise ai•itras then opened tie roach *lollow to rail to the coachman, and perceived another snail sitting 0.1 the coach bus. The prisoner opened the other illolo am.' said sussirti. hie; and the athlete. finding his .at:ds nut ithey rd. opened she roach fluor, and Jump ing i us, went assay flit:lout farther suolesiation. A hew days alter, us. the lath, the Illitoroat was rethillinat battle to his .Ihl.ila , and aiihlu 4 door ur iwo of bus 114/11,8 was pounced upun by the prisoner, who instantly assailed bun with a 111 4.1 e iii 41161. r, anti iestsintled 1111,1 of the yokel. ado rutin e, and demanded moue), 'au:ming 11141 as he ha .1 tumid Ills eddies. lie would not leave 111111, /14)111g, •• Aly 1141110. is Tea ; 1 aai au it utimutiger, 4,11111 y follies Is a re•pectottle mall; 1 41111 w 1111.11 eon, and 11d'ua sii)ll. I: on your merry. My gratultssuttiei has lett me propel iy, ea.! I eattnut go to Leland lu 1 eCUIoCr it." 'l7ne %tithe ts not wishing 10 go two Ins itsidritee, walked un, and the ;rimester then s i•peali d iii, liut 1 id Vita s ;;es, and said, "Y.ta k-ow t / 141 hiclut la ewer) iltioz. and 1 caws blast yours fur rive." Mr. Sty wuur lost au alll-1,1143413141111, and Molted by lite sudden itsipta.se oh di 14.1141 alarm, he Lcggril the pi - molter tint 10 speak so lend. and asked hint what lie wanted; the pi esolitr lel:lie:1, Will the lowrst lie *wad take i the a deep oilrtad bun Itl. but the ittisuner demanded more, and the Willie's debiting him to wait, went tutu his house anal from a desk look twit sovereigns, and gave them and use I.il, sole to the priwocr, who was waiting a "hurt distance, and who solemnly premised sie ves. again to t all tin high (hi tate 17th or Itllh of the balllC ,eOlllll, however, lie again attacked Mr. Seynioui 111 the insert, and densanded deciartug if the outs) W 45 ' 11U1 paid, 11.• x 0.11.1 thing two men to those the 411:1134- : 110115 he had made. be witness then hating ut.ly five sovert•igns, Warted him them, hot the fellow seinseti, and et. the witness', infurining him he had 110 11101 a, he said, '" titre Inc your catch;" this was rrlllstil. anti he replied, lh Pawl, it. or give it fee, I a all pawn it lur you." Tait wiistets, ids 11 , 1441, it al so It:111114A t oil lie 1411 11110 4 pawn broke. 's pointed out by the p. is.aser, and loardged his watch for al mud, being in such n Male 411 Walla, lie lett the shop unbind Slit duplicate, which, burieter, the paw nuroket field alit r bins ; lie then gave she pi isuner the 101., cod he again repeated his must solemn deetaratiulis that li.• lies er ag tin %wild see luau. Nevettiselt.ss„ to the it/noising uestlay inght he again malt Lis oppeathitev, and litucked at the doer is the family weir settling to real; and ou being asked Ills 111131141:33,1.1141 tars naine was tow is .144 ad, and lie called Inc a debt or gal. which loss-. hey titenr ()fled lutist. 'lee alines* nut I reullecting the urine directly, 34.111 110411, aid 01, reaching this /11134% es, went and de•ited Ilse ladoit to call hi the suurssing, and autos indium in the lute' kis tieing lodged at this Lidice, Cle ments and J. tfrrys, the ufticets, what ill attendance to secure the prisuinsi uh his usakteg Ills Jrmra4. Alta. ivy onus eX11,111,4:41, 411.1 was allowed to sit shidst giving her etittessee: sue is a lialitisuine 'ming lady, anti 334, very lunch isdected. 'hut hillialoltiCC mil fir! statement it as, that tail hie Ist ut taus nieutti the psisuncr came to the house, and wished to see Mr. bey sumo. tearing s • alti It:anon hi hue (tall, slit went wit, . 11 11 lie said lie waisted a debt which ilr.Scy muur uwid 1111111 she Je.irrd him to tali again rite swat day lie did so, and was ushed by her Waal, tint tilt initute ut uis dew I lie replica be had her bu•ool:U's 1.1141 Mcitr 111 his bands : 'lie otters veil lie could habit no 3111:4 thitig. lie that n I eptirtl—" I know him ; be bas brim guttly 01 a et tme (us auilll lie unglit to it s:tut. 1 elalit It us sny power to make you unhappy tar ever 1141•11.4111. teach •ii ate the evidence, kiol they ninst have 21/.. cacti to snake it tip." Ile continued, iltrl4llllg 111111 , 4.11 lii be au ()dicer ill police; but the young rainy , 4111 exceee. moll. bigot:Yeti, had nitore Ite 1111 l vss 111411114.! O.11•11:41111, and thseeted hmt to call 1114 litlirxt day, ant ii Mr. IS:youth, and ke Vlllllll4 111, went away, and duvet a ear 1;tve11 to ;Ile poliee r and the Ito nliiceas mei i• in altend a'hCl Lill lir nett) C. 01114. 1111111 1111. bill 11136,111, 411141 lie ad, 31.0334 11110 the dt Wing•ruutit. Alai 111 C young lady's fee: i•re e.tiMlo4-11 w hilt tli3/14.33111,; lit croaaty ut he 11%114 tar its i•oecr udertti 10 AlAn 4 1141.C1, tea oitointsata all 1141111 11 she twin.' pay 11.4 IL y , a..t sac 4.: 4.. t• awn a.:),.4.01 d4e1,11) Lt Inr,l's 1.. t ii.11.-4.ll y l'd ii 4.1 ii , •41.1 , 11 e 1.411. g U.ion wed lie a a. I 11-the tr. civil stint 10 er awl hit 11,1114oter was 11141011,4 II Ull la looto4 111 lea•l. 10 lie •esiell by Ibr ..!at•rti who ortsiati... ti tl,. &PolOalletiss 1114-re, ./1341 tatty Is 4 1.411411, lout level rt 11 110 ..11•14 eV, j inta.l%O.ll/1411, 1114 1411111.1113 14 1114 home iU Brt4nstunr. ! trett, bung ssatutucd,ptuttd broils; pie.‘mi alma tat .13 5 prisoner called and made his threats, aue demanded mo ney. Clements stated, that he apprehended the poisoner as des 'tined, anal as he w 46 comforting Imo to the office, he repeated his eloorges against Air. Seyanaur. The officer 1/1011111'1.111 4 gl/1/1 41111 /1111 fer 113101, gold Hogs, aolaal oilier property, Coe alopheates ut which %era loam! upon Ihe pr hosier, w lan it vs as believed had oblaiced Them los similar obtainer by making sods 'amm's accusations.— The officer. on stinking calls utter receivin4 the inifostua. lion from Alas. Se)moisr, could are Hoot he was um:cited by ,eves alien, waho he supposed %lyre pall of • gat% wins lived by bllOl ibrdetirtil• '1 h e pawnbroker with 11110111 Mr Seymour pawned his Nilirll, 41111 60111101101 1 1111 y released it, proved 0141 (Act.. 116. r pawnbrokers, who produced the wove.' ay, fully proved time poisoaset's having p awned it t &Go rot time,. tie magistrate apked hint if ke had aky thing 11.$ The prisoner answered in the negative. lle was !lieu roily committed to Newg ittv for trial, sad the witnesses were all buriod uvr r iu the fist penally to prosecute The innehirate observed to linn,lds crime was rendered more atiociolis by his infamous condiset in the ratreiing to tlip praee sit amid of an innorent young lady : tie should take notice that the evidence was clear and deri sive, and that the rs snit was so evident that he had better repair for another *mid. The prisoner war then re 'novel!. BOXI A G. Tuesday was a busy day at this fanciful game, and it was a rare manly battle bet Neen Sam Tibbit, a pupil of Josh iludsun, and Jackson, designated the Somers Town Champion ; it was for 40 sovereigns, and it took place near the Maypole, on Epping Fo rest. The seconds wee, Josh Hudson and 'loin Owen fur Tibbit, and Harry Ilolt and a fellow (what° name is a disgrace to the prize ring) for Jackson. Hound 1. Tue men turned to with cowls earnestness, bent for mischref. They int each other to a !Amid still, and Jacksuu slipped and fell from the rally. Y. A very game round, in which some severe round blows were exchanged, rather to the advantirie of aackson, who ulti mately domed his adversary by a nit home, or, in other wortis, at just distance, nut guided by scieace. 3. A tremendous and fearless tWiting round, in which each had alternate advantages; but in a severe tally Tibbit seemed to wear btst. Jackson received a etancerVied bit m the read. but ha scented as c. talent as a speculator in we ilert,wno o a st inn away with a itc:l war.l—his courage no more left tutu Wats the ward would I:er admirer. 4. Jae.s.)ll Ltd the beet of the latter part of this round, and anew his adlyersary a neat etimerset. 5.6, add 7. eying tr.', the older ' and it was all scramble. rt. Tthbit leJ, and fought to ad vantage ; but the other had the beet el it, daily best, until the 2thh round, when tne Emd en krs, aatl waterside artiets, adtaoatc-a which Wcstnimeter could not produce, !Attie in toe ring; nay, they bioi.e the !itch formed it, and would nut allow Jai:loam to win. Tae tune-keeper absenteJ himself, but Limo went on by ; lAA J.wkont. who, by manhood, had no chance of a tie or n win, wti compelled by second ( tioit) to give in. lie i►,. however, the boo. gUllie to 6041 C. NADRIAG2 Put:VC:NT. D.—A young woman of (blow in, who uppeass lu bate been a fatal. CU11111:11r, hail toe tel 41 yeats given eiteintragesnent to Iwo suitor:. ; and so todsuilly did Ate manage, that tat It had, us he conceived, the neat pussllde teasult fur con. skirting himself to be patiieulaily tuvont ed. At length the natural connexion 1/1..117c rib cause and theca neeaute apparent, liar female, who lead attained „111 c 11:3111i r age of ell ye,siy, latind it tikely yhe yltuuld lirraille a noodle., 411.1 each at I.er I.li era conceived himself liable to a vi,a taiiuti flout SM. 11.111bil isud a.ciliatiosi las appear beftte a titagiyis.ste to give •rellllly t.l piuvide sue toe espected ••tattid el lute." To avoid so diyagrerahle Cr. entuity, awl al the 74111 e time to secuia the oiled of hiy lung chi:lashed alf•ction, ettels cuisyritted • to tastler,:o aholliet, while the damsel, in of der to 'nuke .‘ a...prance dumbly attar," at titilly about.' cacti to pinclistie a hectares ltd her IeVAII how VS el *lle pi etel led alit younger swain, who i• Oboist her own Age, to lair eival. who is fully li:ireu 3 N uldrl I and hattim tixcd the happy sisy wan the fusilier, alio apputitted the day atter ay tu.it which 'Me would Ways her more adult tyilintier wills her hand. Oa . 1111.yilay Lill, Metric/le, stir tell:well toy poi vilely as posainle km palish chinch, its older to tollt her first engageserlit ; 41111 the Cleag)l4l4ll car ahuut au Culliatreet lily relriVUll), w lieu, at this eventful siaoweal, the yntior whom cloy 101.1,1111 to dupe, having gill all iii. 101111411411411 did was going fuess•ral 'runs the woonara'l 'aline, wins washed hint Pas a sum-Mali* tallier than the uayeet of his ilat:gatteo'y COO Ce, appealed web the old Wall al time Chlll7lll dour, and de•istal to have a few int eutaletauee 1411111 hr Cirogylnau , which tieing glint ed, liar trelittolii% 1111111 . a nil Oa I . .mis111: el hi idegsuuno acre I, it at Ille 41141 so await she Maur. 'flits they lives Jay lammed lions the citrgylll4ll, also 1111011117 d Gill Cant atter what he hut liedl LI, he cupid 111*.Orerd 1111 111116..1 . .7- Itriumealsaares awl entivaly weir 11l s tau, and lair pal it, a were ruasorllell 10 at:11111i Itaillati led. '1 lir 111.111 capita,. rmi ii,,delelitillntlloil to seek Sur oedema by su apeeal 14711 hail as cart& Uri since learned that lain ilia' tidy 47 gaud a claim to the disloyal MS W 4115 1 .11, it Is likely ghat avitiler will be cage' to complete the CUlardel. (011/14 11 JUL/ I',--4 . 11C Jwelil mg. !lunge 111 --- COLlprt„ El. Of K est Ila.ls , ihtd beets borgi.iriotis!y entered awl ruulleLl sa:Srfal 3 Within the last few inuatlll4, lit p..._ peas), of Saimaa kind* to a !urge amount. A ittyptcant being r111e11111141.1 0100111 C of Ille socials Imam; piney tu the rubbery. Homo, the city (acct. attended 11/ 'meat." , • ga e the usa:ter; Inn all ctinns to disci/see she thief were unallailialg walla within a few hillitsvg I f While the huiltr was on tile witch tat the pant•y, err tubber en_ teed the house ;. not tiliailig 111111Sr114114:07r744 he uhold a hasty fetters, follows(' by the butler, who discharged pis is.ce :At hint, and lodged the contents (•iihtll stii.g from the thick of Isis lies 1 to hialuilis. 'Elie snub r Ihru tiirite.l out hi he at uhf 5e174111, Who 114•1 1 , 701 many yes. s lit tile I oss.ly. Ile is now iii tht-Leiodon nate —.On Friday iii„tit, be item 10 any II h'.:l(s.-k. hie ILILACC 0111 111 Hsi 1.110.1ar Of Ail. 1V11e11,1111.11.111, N... tu. Linsbeilt, %%limit raged wsolo s u ch fury titat iii a sery short time the prenstai a and stock eit anode tyre totally tleuiroed. Liy the ekatithis - ht the firvitien the thi.iry was c , lu6nru to site 1.1v111 . 1•Cii of Mr. 1.1.13. .1 he tai, is wittitletable, all.: 1.13.1. ed AA hut 1 *: t.. 0