The National Register. — London, England, 1822-12-15 00:00:00

":". THE NATIONAL REGISTER c ~' - • r • FROM TUESDAY !NIGHT'S GAIBTTE. BANKRUPTCY ENLARGED. G. Fitze, Tomes, Devonshire ' grocer. irons Dec. 14 to Feb. 1. BANK RUPTCY SUPERSEDED. 11. J. Ellis, Norwich, linen draper. BANKItUirI'S. Blackirind, Newport, S. .I.lp. gitieer. Solicitor, Mr. Hicks, Gray's Inn Square. E. Deavili. Manchester. wholesale grocer. Suit. Messrs. llurd and Co. Temple. 11. Clift, I'sinawick, Gloucestershire, clothier. Sol. Mr. Bing, Sergeant's Inn. .1. Scott, Alley Field, Ctiniberland, butter dealer. Solo. Messrs. Young and Co. Charlotte Bow, M.aision flame. J. Wiry, Manchester; J. linty, Paaillehill, Laleasidre ; and T. Bts y, Bucklenbuiy, calico printers. Sul. Mr. Makinsint, Temple. T. Atherstone, Nottingham, dyer. Solo. Messrs. Briggs and Co. I ineolai's inn Fields. J. Wilcol, Madeley NYooll. Shropshire, grocer. Sails. Me&rs. Benbow and Co. Lincoln's Inn. T. Hulbert, otherwise T. S. Hulbert. Chippenhain, Wilts, linen draper. t4ols. Messrs. W damns and Co. Lincoln's inn. .1. Cookson, Leeds, woollen cloth ittanuf.u:turer. Sul. Air. Greville Street, nation Garden. _ . It. Watts, LawrencePountney Hill. merchant. Sols. Mews. Swain and Cu. Old Jcwry. Dec. 31, W. Harrison, ),Itkrsley, I terbyshire, dealcr-31, 6. and H Andrew, Alicklehurst, Cheshire, woollen manufacturers —l4, N. Bliss, IVater Lane, Fleet Street, printer-31, .I..lolin suit, Sculcoatcs, Yorkshire, earn factor-2a, W. and W. Lloyd Lower Thames Street, slopsellers-28, 1). G. Stevens. 111irlow, Essex, linendraper-31, W. Chafer, Kingston upon Hull, grocer —l7, S. Palmer, Bourton on the Water, Glimeestershirc, mercer —3l, T. and D. Payn, Cateaton Sttect, warchausemen—Jan. 2, J. WWI, Cralibrook, Kent, brewer. CEItTIFICATES to be granted Dec. 31. T. Peet, Nottingliom, linsn droner-IV. Saunders. Bz.ckings ton, Someisetshire, schoolmaster—J. Amiss, Btoinyatd., Ilere— fordshire, victuallet—C. Buckle, Manchester, draper—A. Bremner, Camberwell, merchant—E. Burrows, Worksop, No:. tinghunishire. miller. L.4IV lAT.ELLIGEXCE. VICE CHANCELLOR'S COURT. FAID‘Y, DEC. 13. DISt'NDERSTANDINO BETWEEN °NE GF THE COUNSEL AND TIM CENCI!. Mr. Wetherell wna engaged in arguing a cause, when The Vice Chancellor, conceiving that the learned counsel did not apply himself to the only point nt issue, twice interrupted Lim, and directed his attention to it. Upon the last occaNion Mr. NV ethrrell to.id, I have a right to be heard, and I will be heard. The Tire Chancellor—l ant always desirons to hear you ; hut when you are heard, it is for the Judge to see that you do not apply your arguments to poiuts about which there is no doubt or diliiculty. Mr. Wetherell—ln support of my public character and for tho sake of the privileges alike bar, I contend for my rie,lit to be heard, and to state nay view oldie ease, and 1 will not sub mit to he put down by your Honour. It is the unanimous corn. plaint of the liar, that your llonour will taut permit counsel to % «rebe that right, without which it is impossilda they can do their Only la their clients ; and petitions sire presented, coin • plaiuin;that causes have not been limpidly heard by your honour. _ _ _ ....... The %itr Chancellor—You do not address yoorself to ►his suhjcet with ) our usnal gnat S VIM' and gentlemanlike deport ment. In order hat cooling,' may do justice to their clients, is is necessary they should know what the real difficulty in the case is, nod lit: it arguments to that point. Mr. XV etlierell —I trust I have done nothing ungentleman like ; but 1 must repeat that I will not submit to receive my view of the case front your Honour. I have a right, and I will not be prevented from exercising it, to pursue any line of ar gument which I think essential and neiessary to the ioterust of my client. Ihe \ ice Chancellor—l have endeavoured to direct your attention to what I c wive to be the real diGi,:ulty of the case. I Luring done so, I shall upon this occasion, as I do upon every nth , r, permit counsel to adopt their own course of argument. Mo. Wetherell extol: moil his argument tu the conclusion, un iatoniujoted by airy iimitiols Gam the Court. COURT OF KING'S BENCH. (Siaim:plot:fore Ihr Lord Chief Justice.) MONDAY, bIK WNI• OAT V. LORD 11111 WRY. This was an action on the warranty of a horse which the de fendant had sold to the plaintiff for 70 guineas. The Sqlicitor Czneral conducted the platotiars ease, asd Mr. Scarlet( the defsitilant'a. It appeared that Sir Simeon Stewart was riding the horse in tpt •stion when Sir Win. Oat first saw it. The plaintiff tieing pleased with the horse, naked the price; seventy guineas were demanded, and :air Simeon told the plaintiff, front Lord Newry, that the horse was perfectly quiet in hat ness. The dtfeodttat's groom, however, at the time the t o rso was delivered, said, his master would not Wai raw any Itotse lie ham sold. The first day the horse was driven out be began to and finally (nuke out of the s;infla. The Lard Chief Justice in his charge to the Jury, remarked, that the evidence proved a warranty on the part of Sir Simeon bielaart. The only question was, whether the horse had. wisw ere(' the was nudy by Ineitkin4 out id the shads. The Jary (Mimi a verdict fur the pltintiff.—Diunages 1031 —coats 40.. which incluiltilthe horse's Mr. Evans, a linen dryer, proved that the • defendant wished to compromise with Mrs. Beeston by making a compensation. —The delentlwit slid, if the ',Lima had expressed to him a desire that he 61101.11t1 at her shoulder, he bbUtild doubtless bare dorm so. This was the plaintira case. Mr. Scarleft addressed tile Jury on behalf of Mr. Campbell,) but culled nu winr •sses. The Loud Chief Justice left the Jury to say, whether the de end tat bad skew,' the skill a professional war. was justly ex pected to bare, when called U 3 to assist a person suffering wider ►uch an accident. If they thought he bad been deficient in that respect, and thin plaintiff had thereby sulfered pain and iaconvenience by bis negligence a n d want of skill, they ought to find a arrilict for the plaintiff, with moderate ,Outua,,es. The Jury brood a verdict for the plaiatilf—Damages 10U1.— costs .lds. vEVsLY V. - SCAR, ESQ. The plaiutilT, a surveyor, brought this action against Mr Agar, the barrister, to recover 2bol. tor business dune as a civi engiuter. Mr. Agar is possessed of property in Kentish Town, .uid the Regent's Canal, which is cot in that neighbourhood runs through his ground. In the course of that work Mr. Agar re reived considerable injury, and he brought his action agtoust the cotnpany. In support of that action, it was necessary to have surveyors and persons of skill to measure the ground. The pla rve)ura employed, and his charge for business was 2501.-I'erdiet for the piatutiir. WEDNESDAY, DEC. 11. THE KIM; v. THE EARL OF CADOGAN. This was an indictment against the noble defendant, for not repairing a wall and bank, laying betnevn the River Thames and u public highway in the parish of Chelsea. The particular place appeared to be a row of houses N't est of the Bishop of W'inchester's Palace. It was alleged, iu support of the prose cution, that the noble defendant, who is LOrd of the Manor, nes Heide to repair the wall and batik from the East to the West end of Cheyney Walk. Lord Cad ,, su could not he liable, without toe Jury belie% ed the Lord of the Uauor had re,taired time itementorial. . . Mr. Gurney, who appeared for the prosecution, stated, that the trustees of Kensington turnpike were anxious to try whetlita. the Earl of Cadogan wits liable to make these repairs. The spot in question was near Battersea-bridge. The wall ran along the batik, and a row of ancient trees stood between the wail nod the high road. The routs of those trees had damaged the wall, and the node defendant having refused to make the repairs, the trustees commenced this action. lle should prove that the wall had always been repaired by the Lord of the Manor, sod the question would be whether the noble Lord or the parish were to make the repairs. S. ireful witnesses proved the situation of the wall, and the repairs made by Lord Catlogata. Mr. Svarktt called witnesses, alto stated instances of repairs dune to the wall by the inhabitants living opposite. The Lord Cltief Justice left the Jury to consider, whether there was evidence to lead to that conclusion, the defendant would be liable to the prosecution. Flue Jury found the defendant guilty, by which his Lordship is liable to repair that part of the wall which stands on his DU LLOCK V. M A LEAR!). This was an action brought by the plaintiff, an auctioneer, to recover a loss sustained by the sale of a horse, which did not answer warranty. 11ae plsintiff wanted a horse to go in harness, and was told Cue defendant, who is a gentlemaut residing in Bedford-place, tussel-square, had one to suit I • . The defendant's coachman said the horse would go with the greatest caution, and that he might be driven with a uetdleful of thread. The plsintilf gave eLuty guineas for hon. On the lit at trial he went to narrow, mot, nen:unsling to the evidence of the plaintiff s g mom, he began Licking without the least piovoration, in such a way that it was unsafe to drive hint. They tried him slam, on a jouiney to Ascot, and he proved equally restive. Ile was only six times in harness, and the plaintiff found bias ungovernaltle. The pfaintdi ' the horse would not suit hint, applied to the defendant to take him back. On his refusal be sent the horse to Aldridge's stables, where he was sold for 27 gu;Deas. The espence ui keepiag the horse before he was sold amounted to I 11. los. aunt deducting the sum fur which the horse sold, the the nlainli l sought to teens er a balance of •Bil. Mr. who was with Mr. llullock when he drove the horse to Ascot, proved that the animal Luoke the hotness, and Liked violently guMg and returninl next day. The plainaili s groom proved the horse was kept in the plain lilt's stables. Oue guinea per week was a fair charge for the laep of a house in a gentleman's stable. Mr. Gurney, (Of the defendant, said the horse never was a kicker berme ho got into the hands of Mr. Bullock. The def •ndant's groom being exsmined, described the horse to be as tante as a lamb, lie had driven the lit.rse through Smithfield :Market on tattle day, and in the heart of the City of London. The horst. was always quiet and safe in loirness. The Jury, under all the circumstances, found a vardict for the plaintiff.—l) infa2es 111. Costs -10 s. 11ILDNEbDAY, inc. it. TIM KISU V. JACIESON AND OTHLIIS. This was an indictment against George Jackson the elder, George. Jackson the younger, and one Jervis, for a conspiracy. They were charged with procuring a commission of bankruptcy to i,sue against George Jackson the younger, for the purpose of trading the father, G,orge Jackson, to prove a larger debt under the cominiasion than was due from Jackson the younger. This prosecution had been twice before the court previous to the present indictment, which came upon a rule obtained for a uew trial. Mr. Sciurlett stated the case.—The prosecutor, Mr. Fos, had established a medical business in Bishopsgate• street, mid being desirous of disposing ofit, was visited by Jackson the younger, who finally became a p..tchaser, for the sum of 2,0001. Part of the sum was secured by a bond, and Mr. Pus was preparing to enforce the psyment by leginl ItICeIIIS. wheu lie was stopped by a commission of bankruptcy, such out by Jackson the elder, sod Jervis, the father-in-law of Jai ksus the younger, in which the father elsimed a debt of 1,70111. The prosecutor cousioering the whole a colourable transaction, intended to defraud him of his claim on the younger Jackson, commenced this prosecution. Mr. Sisirlctt called witnesses, who supported the case fur the prosecution. The Solicitor General for the defendant, addressed the Jury at considerable length. Th e Lord Chief Justice chvvd the Jury, and they found, witUout hesitation, all the deleudants not guilty. 1:1.1)Fiu11D AND 1% RI: V. LUNN. This action wasl;roUglithytbePh.iintill', on a contract mode by 1111 wife, when bIIC was Miss them), the siirf,er, by which she was to perform at the Birmingham theatre fine weeks, at 101. ver week, god be fuither remunerated by half a clear LA neat. . 1111. Marr)all slated the C. In Clll36Cquence of a feller •,.'+~ 1 111. from Mr. Bishop, the composer, an engagement was entered in with the defendant, who is manager of the Birmingham theatre, by which Miss Green was to perform live weeks at Birmingham, at a salary of 101. per week, and half a clear benefit. Miss Credo went down to Birmingham in August, 1521. llerrlirst appearance was on the 17th, and she appeared to be a favourite. Lu a letter which the defendant wrote he used the following words:—" She is in considerable reputation with our musical people." She played several nights, but in consequence of severe illness was unable to appear on the night of her benefit, namely, the 26th of September. Several apologies were also made w h en she could not sing. The wanner, taking advantage of her illness, refused to pay the 501. agreed fur, and Miss G. having Juanita!, her husband brought t his action upon the coll. tract. Sue had received 121. 15s. 6.1. for which she gave the defendant credit. The balance upon the contract was 371. la. lid. which the plaintiff sought to recover. . The statement aas proved by Lucy Green, the mother of Miss Gruen, now Mrs. Bedford. The witness did out kuo,v whether the action was brought by her son and daughter, ur by Mr. Bishop. Mr. Scarlett, for the defendant, said lie would prove by Mr. Bedford's baud-writhig, that the action was brought by Mr. Bishop, in his name, wit Lout his direction. Miss Green, by not playing and singing, hied lust the manager the advantage be e>;peettU from bringing her down to Birmingham, and under these circumstances he did nut consider himself bound to pay fur the nights she did not sing ; at the same time he allowed hers bekelit, which she took as a remuneration for the nights she did not play. 'lime learned counsel read a letter from the plsintill; written in Dublin. The following was the s ubstance 1 received your's, and wan greatly it arprised 4o hesr of the proceLding of Ilishop. 1 took the letter to my attorney, who says 1 ought not to consent to the action without having indem nity for costs. 1 wish to keep my hands out of law.--1 ant glad to near your' 'rout and Jerry' is doing 4%01. .. G-." Mrs. Ingram and Miss Wlialet, both actresses at the Bir mingham theatre, proved that Miss Green did nut play uu au stral occasions in consequence of illness. Mr. Cullyer, the prompter, gave similar evidence. Mr. Bellamy, a surgeon, proved tuat Miss Green MIS unable to sing on the night fixed fur her benefit. The Jury, under all the circumstances, fuuod • verdict for the plaintiff—Damages ;al. 4s. 6d. THURSDAY, DEC. I?. SHARP V. THE RED. M. This was an action to recover a compensation in damages fur • malicious proseeution. Mr. PlAlips stated the case. The defendnnt was a clergy man of the Church 01 Logien& living in opulence at Chiswick. The plaintill . was the Rev. defendant's gardener. Having paid a visit to his aunt, she made him a cell u piece of beet. The next day the defendant saw the beef, and suspecting it had been atoleu from his pantry, made thu plaintiff walk into the kitchen, where be took down a round of beef, and told the cook that the slice in !dahlia 's possession had been cut olf the round. The cook said it was Gut possible, as she Lail kept it under lock and key. The defendant still supposing his pro% isions bad been improperly obtained by the plaintiff, indicted him at Hicks's Hall, where lie was acquitted. The Conned Counsel, acting alum his instructions, atiaclud not only malice, but the most uncharitable inutives to the defendant. Mr. Butler, clerk to Mr. Harmer, the attorney, produced the record of the acquittal of James Sharp, the psosecutur.— The charge was for stealing four ounces of beef, the property of the Rev. Thomas %jells, of Twickenham. \N lines* was present at the prosecution, and produced a uote of Mr. N iell's evidence. Solicitor-General—Did you take a note of the whole of the evidence 7—No. •—•— Sulicitor-Gcneral.—Then I submit this witness cannot be eansuinetl. - \% recess said he could repeat the whole from memory. The Soli,itor-Cenertil persisted in objecting. The hold Chief Justice over-ruled the objection. Witeinis proceeded--lie snid that on the 22d of October last year, he was walking in his garden. On looking among the tulips, among some cloths used for keepiteg seed in, he dis covered this slice of beef ; that he was struck with its appear ance, and supposed his servants were at their olui tricks ; he took it into the kitchen, mid cut a slice MI his own round, dressed the day before, and, on compiling it, Le said he had no doubt it canes oil' the saute joint, front the complexion : that the man refused to admit lie cut it from his follilli, but stated lie had got it at his aunt's, at Camberwell ; and that Snarplre fused to tell his aunt's name. Joseph Wilson, his butler, was called, but could not iden tify the bier. Mr. Phillips asking the witness what Wilson said, The Soicitor-General objected. Mr. Phillips asked, did N 'tells swear it came MI his round of beef ? Wittiess.---Yes ; he said the two slices tallied so exactly, be had no doubt they came oil' the same rotund of beef. Mr. Araiiitt, the Deputy Recorder, liehl the brief. Ciotti-examined by the Solicitor-General.—lle said that Sharp felnied to give the name of the aunt, when he (Viells) offered to hike a drive to Camberwell, and see time stmt.-- Vieille 'voices were NI. 2s: :id. exclusive of the a itnesses. Mr. Webster produced the orii.inal copy of the record, by which it appeared the Bev. 'Ebonies Vieth: was the only wit• Hess. Mrs. Baldwin examined by Mr. Phillips.—Knows James Slurp; on Sunday, the Slat October, 1121, he dimmed with witness. The Lord Chief Justice.—Aro you his aunt ?—Yes, my Lind. What had you for your dinned—Boiled beef. Who else dined h—My son ; and on Slow'''s going away he gave him some slices of beef and bread fur his dinner next day. Cross examined by Curney.—Should not suppose they wets half an ine,ll thick—they were as you usually cut a slice for eating—the bread was oil' a half-peek loaf. lte-examincti by Mr. Paillips.—NVas the beef you had fur dinner juicy or dry 1-1/ was dry, Sir. Julio Sharp, son of last witness, met William Sharp, his cousin, at his mother's, on the 21st October last—hail boiled heel fur dinner, and on his going away witness gave lion some lot his dinner next day. Charlotte Eden examined by Mr. Phillips. Witness lived with Mr. Vi Its as cook—her father is a cosclumaker and win ellight at 'rv.iekenham—as cook. had care of the larder, and always kept it under lock and key. Mr. Phillips —I need not ask you if you recollect the round of beef ?—O, yes, very well ; recollects on the 22d of Oct. her master desiring her to follow him into the larder with a knife; she unlocked the door, and her master cut a slice oft the round of beef. It might be 12 o'clock, just after break fast ; be wrapped it up is un old newspaper, with a elms of Ll.l.stu♦ V. CAMI.IIII.I. This wan an are against time defendant, • surgeon, for neg ligent nod unskilful madmen of the plaintiff, who had dislocated her shoulder. The lirst witness was James Baker Ileeston, the pl .intiff's nephew. The plaintiff lived at Paddington.green, where she had followed the business of a dressinialser. On the Ist of *pm l as t .he tell down at her door, yid pot out her shoulder. 'Whew she was carried its she complained of pain. Mr. Canip• belt, who is a surgeon in the Edgware-mot, was sAii for.— When he arrived he made her b. od her liu, e r and ordered a fermentstion orpoppies sad caniumile llaweis on her sholder. Mr. Etillllllioll, a surgeon, was scut for in July to attend Mrs. Derson. Ile found her shoulder dislocated. It was a common ease of _dislocation, and be thought any person who bad the Itaa luowlt tge or sargery might liay.• discovered it at lirst sihlit. After the plsiiitill had been auffeied t want proper I.ol,4iiillee during three ths, it was difficult to set the shoulder right, and much pain SWIM lit cessai ily have ensiled.— The witness, had he been called in at the moment the occident, Ir,pp:ncd, would nut tuve lumen satisfied with mer ely seeing the p weal mute her lin6trN. lie bhoald have exautiued the part adei ted. !Wt. Chevalier slid Mt. Ford, medical wan, gave tv:.:iu.ol3y• -