The National Register. — London, England, 1822-02-17 00:00:00

W INTELLIGENCE. COURT OF KING'S KENO!. THURSDAY, FEB. 14. OWEN V. Vl.llTli Mr. Marryatt stated, that this was an action of trovcr, to recover a gig and harness, under the following circuin suttees. The plaintiff had been in the habit of hiring horses of a person named lltrkins, who was in fact the teal defendant in this case, and from whom Smith had an indemnity, After having hired horses for sometime of 'firkins, the plaintiff was persuaded by him to purchase a horse and gig of him. The plaiutiff drove down to Chelttnliam with his new purchase, where he sold the horse, but sent the chaise and harness Lack to tiuuth Smith to he taken care of till lie returned to WWII. Soon acct he did return, and ap -lied for his chaise, when he was told by Smith that I.Lrkiits had taken it away, saying i t h a d been improperly obtained f t him. Smith at the saute time stated, that he had got an indemnity from Miklos, who would base taken it away by force if he, Smith, had refused to give it up. This case was proved on the part of the plaintiff, and that the chaise was worth 401. j\lr. Scarlett, for the defendant, stated that the plaintiff had been known to Mr. 'firkins by the Milne of Hoare, mid not by that of Owen: toat the chaise and two horses were obtained by the plaintiff upon all agreement, that they should not be taken away from Birk ins's stables till they were paid for, and that bwquently the plaintiff, in breach of that contract, took them away without pay ing for them, lle called winiesses to prove these facts ; in which, Iniwever, he failed, and it limiter appeared that for the first horse and chaise the plaintiff had given a7;ili of exchange. The Chief J ustice said this was sufficient to vest the property in the horse and chaise in the plaintiff, and the purchase of the second horse was another contract alto gether. Whatever toilth be the complexion of the case tie .1 try must decide according to the law. The July found a verdict for the plaintiff—Damages 421 —costs 403. TRIDAY, TER. 15. EMERY V. QUERY. This was an action brought by the plaintiff, a car penter, to recover WA. lent to the defetulant,a shopkeeper. The defendant alleged that he was not entitled to call on hint to pay the above suns, because the plaintiff by brutal violence and improper conduct had com pelled his wife to leave his house, arid seek board, lodging, and necessaries in the house of the defendant, who supplied her with necessaries to the amount of 231. and upwards. It appeared from the evidence that the plaintiff had occasionally been tortured by" the green-eyed monster." His Wife wrote a letter to a youth named Latham, and a discovery of the epistle occasioned touch unhappiness. After repeated misunderstandings he told his wife to go to the house of her hither. The latter having nu ac coninuxlation for her, site went to the house of the de fendant, where she remained 14 weeks. During that time Mr. Gabby supplied her with clothes, necessaries, and lodging. There was no proof that the woman was guilty of adultery. Mr. Nolan, for the plaintiff, contended that there was no evidence to prove Gubby paid for the clothes said to lie supplied to the plaintiff's wife. Ile was willing to admit the defendant wag inuring to a claim for lodging, but it could not amount to ally tiling like the sum which the plaintiff sought to recover. The Lord Chief Justice said, the Jury had to decide whether the defendant had a fair claim for 251. The law would compel a Mall to pay for necessaries supplied to his wife. 1 here was no proof of adultery. The plaintiff expressed jealousy, and thinking his wife be haved improperly, compelled her to quit his house. Ile directed her to go to her l'ather's house, and if site had gone there the plaintiff must have paid for necessaries.— It was in !goof that she had no clothes when she went away, and that she had since been furnished with ap. parch If the Jury thought the articles supplied worth 251. tlicy ought to hind a verdict for the defendant. 'l'he Jury found a verdict fur the defendant. COOPER V. wAtTHMAN AND ANOTHER. This — was an action agatwa the late Sheriffs, for an escape, permitted by thi..ir officers. The plaintiff, who is a tradesman, in the nei, 4 lthouthood of Bond -street, being desirous of arresting a debtor named Davidson, who was in a lock-up house in King-street, Soho, a w a Irma was put into the binds of the officer, but before it was executed, the party was suffered to escape. In the course of the trial it appeared ►hat there was a misnomer its the writ, and the plaintiff was nonsuned. COURT OF COMMON PLEAS. REECE V. J. LEE, BEN. AND T. E. LEE, JUN. This was an action brought to recover damages for an assault alleged to have been committed by the defendants upon the plaintiff. Sergeant Iltiflock, Mi. Adolphus, anti Mr. Chitty, conducted the case for the plaintiff. Sergeant Vaughan and Sergeant Veil conducted the defence. The case slated on the part of the &Ilona', who is a grocer, residing in the City-ruad, by the evidence of the witnesses, was, that on the ',ad of September last, he ordered a blacksmith to fix a scraper by the side of his door. As the smith was at work, the defendant, Mr. Lee, who is a confectioner, and livvs at the next door, came out, and, exclaiming in angry manner that the scraper encroached upon his premises, otdered the smith to desist; but the latter worked away, without paying the slightest attention to the orders git en by the defend ant, whose anger was thereby increased to a desperate pitch. Ile immediately fetched a cooper's acz and hammered in that pit of the scraper which he conceit ed encroached on his premises. The smith, or rather tinker, ran in to complain of the prejudice done to his work, when we plainriti ordered him to do it over again, and gave Ilan an iron crow to protect himself against the defendant, and ordered him not to lie afraid of return ing any blows that might be bestowed upon him. The tinker set to work again, finished his job, and left the THE NATIONAL REGISTER spot. When the defendant came out again to demolish the work with his adze, the plaintiff' went out to defend his property, when a scuffle ensued, and the de fendant aimed a blow at the plaintiff with the adze, which hit hin t in the cheek. The defendant's son hear. isi the disturbance, ran out and set upon the plaintiff, I who it was sworn was severely beaten Ity the two, who I are both powerful men. The plaintiff' s daughter, on interfering for her father, was struck several times by the 'efendant's son. Ott the part of the defendants five witnesses were called up, and swore point blank against the evidence of the ten for the plaintiff. 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 not have been of au inconvenience ur amtoyance to the de fendants. The Jury after an excellent charge from the Learned Judge, returned a verdict against both defendants.—Da mugs, Is. each. Melancholy Colastroplae.--FKAScRBURGH, JAN. 25. — This afternoon, between two and three oclock, a sloop, supposed, and which was afterwards ascertained, to be the Mary, of Gardetistown, coal kitten, hove in sight, andatnade for this harbour; the pilots manned three boats, and went out to meet the vessel, with hawsers, but the sea was running so high 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 number) were precipitated Tutu a watery grave. The vessel then drove to the leeward, and having struck on a ridge of rocks, all hopes of saving either ship or crew were lost. Lieutenant Crocker, of the Preventive Water-guard stationed here, immediately on seeing the perilous situation of the unfortunate crew, who were by this time clinging to the rigging, with a degree of humanity and courage which deserves the highest commendation, got his small boat launched, and along with three of hi., own men, and a sailor belonging to this place, went to the vessel, and, had not all hands Jumped into the boat, contrary to his order, whereby the rowers were so encumbered that they could not manage their oars, would in all prithability have succeeded in saving the whole, but by the violence of the wind and sea, the boat was carried among the breakers, which were running mountains high, and amidst the heart rendiug cries of the wives and relatives of the poor sufferers, and others who witnessed their deplorable si tuation, upset, and all in it, 14 in "mother were coin committed to the fury of the waves. Lietii, Crocker being an excellent swimmer, was the only person who reached the shore in life, and though much exhausted when he did so, is now happily in good health. Nine of the seamen who have perished, belonging to tins place have left widows and children in very dependent cir cumstances. Eight of the dead bodies were cast ashore a kw hoots after the boat upset, and every means used with them for restoring intimation, but in vain. The report which is so general of a letter having been lately received fruits a high personage in his own hand venting, by the President of the College of Physicians, prescribing, with great minuteness, a Court dress to be worn on all future occasions, reminds us of an amnstn4 anecdote which took place some years back it Plymouth, and tends to shew how differently the saute matter was there treated. it certain Doctor of Physic, who was a little more attentive to personal appearance than Mkt of our hard fightitig seamen thought necessary, and whom, from general respect to his character, we forbear to name, applied to a noble Earl, now far advanced in yeais, who at that time commanded the Channel Fleet, with a vi gour, capacity, and genius wholly unexampled, and infortitittg him that no uniform bad, by the regulations of the service, beets appointed to the physician of the fleet, begged to know If he might not be permitted to wear one. " Yes, certainly, Doetoi," was the answer. " hat shall it be, my Lord ?" " Just whatever you please, Doctor," was the reply. A few days afterwards, a hoist, containha; an ()nicer, apparently very richly dressed, approached the Vile de Paris. The Admiral, whom notitiog ever escaped, stepped hastily on deck, ordered the whole crew to he turned op, the yards to he matthed, and the officers to put on their side arms; by this time the boat had approached sit near, that a consi derable degree of discomposure and uneasiness was dis cernible in the countenance of the richly dressed stranger, who began to call out with all Ins 1111,111 l 10 the First Lieutenant, whom he knew by halite, " Stop the band, for God's sake, 1 ant Doctor --, its Lordship will be soattgry when lie hears it." Au order on Ward the Ville de Paris was never long in execii:uns ; every yard was matured, every officer was in kill dress, and the whole band in full play, a ceremony so imposing as ne ver to be forgotten by any body who his witnessed it.— During this time, tile pour Doctor, who fancied the whole to hate been a mist.ke, scrambled up the ship's side as fast as possible, and tunilikal upon the deck! Not a word was spoken; every officer and W an was bare headed; the Earl himself, attended 14 the Captain, stepped out of the cabin. and making one M huts Mwt-st and best-bred bows before the appalled fi ore before hint; as he lifted up his head, he for the fust tutee cast hts eyes upon his countenance, exclaiming in a Milt' the greatest apparent surprise and simplicity, " Ducats. I declare 1 thought it had heel] an At tonal of ote Fleet coming out to supeisede me." It was onseißcd after this, that though the D o ctor' s d ut i es often led hint on hoard the I'ille it e Paris, be liner afterwards came its uniform. Itougsay,—hetween eight and note o'clock, On Wedesday night, a fine little girl, who was eau) ing a bundle of elothes home to her mother, was stopped near the Castle in Tounll-street, Portpole-lair, by a gang of yonnb ruffians, who intebt that (pater; wtolst two of them kepi her prisoner, with their haul, tor her mouth to prevent her calling out, unwise: - of tic gam; rust oti with t.le blonde. :site was then knocked down 111 tile ionic!, a:.(1 her tread v.as shockingly bruised against the stones. The vill4ins then effected their escape. Imormatii n was ell VII Thltlthly of the it,tb.r:: at 114t:t.W•61;t1L11 BOXING. 65 The renewal of the match between Fordham, the miner, and G. Holt, took place early on Thursday morning in an open ring at Malsby, on the forest of Bagshot, towards Guildford, for the orignal stake of 50 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 rplace 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 firmer occasion, anti a gallant fight of cighi rounds followed 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 malleting. 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 built were streaming in claret. 2. The combatants turned to again, and exchanged several awkward round blows upon the head, and in the rally Ilolt was hit down. z. The fast fighting of the men was stopped for a while— roaring and not piping was the order of both, and in meeting Fordbam was thrown. 4. Second wind, replenished efforts, and a merry round was fought. It was manfully contested, and Holt brought his ad versary's bead down by a bcdy hit, which set him abioad, and he was knocked down and bad the worst of the round.-2 to OR Hoh. 5,6, and 7, were gallant roundest the scratch. In the Sth Holt kept his superiority, although he exchcquered his adver sary's head in form, yet he had the worst of the latter part of it. and was thrown a lwavy somerset. In the other two rounds Fordham took the lead, Holt's right hand having become dis abled, and he was grassed in the 6th and thrown in the 7th round. 8. Holt made a gallant stand, and fought under disadvan tages very bravely, but he wanted some of his namesake's know ledge. He was hit down senseless by a blow under the ear, and a street full of watchmen could not have dunned time into his au. Fordham, 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. HaWord, President of the Royal College of Physicians; by Sir E. Home, Master of the Royal College of Surgeons; Sir %V. Blizard, and H. Cline, Esq. Governors of the same; and by Drs. Frampton, Hume, Badham, and Lloyd, 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 confidence 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 unifirmly 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 for 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 all who frequent the theatres and crowded assemblies, to admit that they do not discover in the rising generation any longer that disfigurement of the human face, which was obvious every a here some years since " There' is one important observation made by these eminent professional gentlemen, in alluding to occasional ftilures where vaccination has been employed. Among the most frequent sources of those which have occurred, it is remarked, and " will fur a time continue to occur, is to be numbered that careless facility with which unskilful benevolence undertook to perfinan vaccination in the early years of the discovery; for experience has taught us, that a strict inquiry into the state of the patient to be vaccinated, great attention to the state of the matter to be inserted, and a vigilant observation of the pro ,:ess of the vesicles on the part of the operator, are all essentially necessary to its complete success." Extraordinary liTundity of a Ewe.—A ewe sheep, the property of Mr. Etvard Brabv, of Amberley, in blarch, 1821, yeaned him four lambs; and on the Ist of the present month she produced him six yean- Hugs, making together ten lambs, brought forth by the same ewe in eleven =mks. Saturday se'imight a large stack of barley at Rud ham- Grange, was set on life, and which, owing to the high wind, was entirely comAnned. The in cendiaries, we hope, will speedily nmet that punish ment which their villany nyrits. The fire r. as seen for the space of 20 miles routld - • -41 e . ,