The National Register. — London, England, 1820-02-20 00:00:00

iIIITII W. BUTT. This was an action to recover f be defendant a sum of 401. Ys. paid in the plaintiff's ocu house, under the fol tia ing circumstances :--- The plaintiff had been a eltresemonger in the Borough, and the defendant a cheese•factor, who occasionally sold him goods. The plaintiff's affairs became embarrassed, and he proposed to the a hole of his creditors a composition of 4s in the pouail on the unismat of his debts; the defen dant interfered with those principals fur whom b e acted, mid agreed to sign the deed of composition for them all, with the exception of one maned Evans. up %%hose debt lie insisted to receisets. in the pound. and the differ cu ( e between four nod seven shillings ou this man's debt till amount to 461. is. The defendant resisted all appli ration to abate this demand, and an interview took place between him, the plaintiff, and his wife, at the Chambers of their Attorney. '1 lie defendant positively refused In sign there, except on the conditions mentioned, and the Attor ney retired, leaving tie parties to settle the difference. lie returned after a short time, and then the defendant received iu his presence a composition al 41. and Bleed the deed, and the wife of sinsith, the plaintiff, expressed herself ex tremely thankful to the defendant for the care and trouble Gee had taken in the settlement of her husband's affairs. The Attorney, alto was examined, mould lint G n car of his own knowledge, that Mrs. O.:nth had paid the 461. to the defendant during his absence $ it did not appear that the tummy was ever handed over to Evans. Mr. Scarlet, and Mr. Gurney tainducted the kindness for th.• plaintiff' and Mr. Campbell for the defendant, strongly repiiivcd, in his address to the Jury, the shabby nail ungrate ful coduct of the plaimin, in bringing this action a,taiiist the defendant, after acknowledging the trouble hr had kindly taken in the settlement of his :rabs, instead of hiingieg the, retina against Limos, to wham he most know the ntniwv . was handed ever, it it really had been paid to the defendant; but of that fact the Jury had an prinif farther thou by agar' &nice. Cittkr.luerick, in summing up for the Jury, told ,! them that the law on this occasion oaS, that hit 'llan in rigoing Huy composition, melt at that in question, with the number of other creditors, had a right . to receive any motley at - security in coosideiatioit of him signaime, b e . yonti the piopm ion accepted by the real of the creditors, beenu.e in so doing he mould have been gritty of a Iran &dent collusion to di ceuve them ; and the debtor paying 61161 money to security, would he entitled is action to re cover the sum so paid. In this case flare cntaiiits was no positise profit that the 401. was paid to the tivfeutiant, hut Male ChUagli of evidence for Ho-jury to inter whether At was 01 was 0'4114h-it:tom plosidto have taken plate at the a:forney's elmnibers. If the Jury should lb i„ k that the mute) nee putd to the deft - iid•iit, lie not availed liiin•elf, us he might Lave ,k tie, of the evidence of k;ea in, to prove that the money nut paid to him ; and con sequeotty the Jury thought the money was paid to the dekudant by the plaintilf, their verdict ;sunlit be fur the Verdict atcordingly.—llatnages 461, b. ..,..S. QA .. 1p LAIV INTELLIGENCE. COURT OF KINO's BENCH, GVILDNALL, Fce. 13. LAZENRI V. COI. Th.s was an action oil the ease brought by Mrs. Lazenby, he s.st. r, anti pi officio'. iif Harvey's tish-sauce against tar defendant. a medical bookseller, mid (Hinter and eagraver, the Borough. 'lite dectaration stated that the plaintiff was proprietor of Kart ty's ash-sauce, and charged defen dant with having pubisheal labels slat to those a iich were stuck alma the plai atilt 's butt les, and having sold i hem hi Messis. flatlet and Hardie, chi mists and drit4ists, I,ltteen !street, Cheapside ; by means whei emof the plaintiff a as slut only hipped to the sale of her wince, but the sauce n quired a bat! charcier. 'lime facts of this ease were, that Mr. Harvey, who for merly kept an mu at Willow, was the inventor of the cele brated sauce known by his mime. In the year 1193 he gave I lie receipt to his sister, Mir. Lazenby, who carried out a profitable Bade iu this urtim le in La aard Street, Pittman tsipiase. Mrs. Lazenby afterwa dr retired front business hich she gave up to her sun. Mrs. Laseuby had been long aware that spurious sorts of sauce had been sold for her's, but she was tout able to discover by whom; at length an ac cident happened N hech led to a discovery. A boy calleolon Mrs. Lazenby a ith a parcel containing 300 labels. Nis Lazenby, not having murdered any labels, inquired f et lioni lie had brought them. 'file boy said they came front the defendant, who had been in the habit of prtuting Mrs. Lazentsy's labels for mummy yea's. On looking ;Ii the labels, Des. Lazenby observed that the labels, though at Snit stain they resembled thoselised by herself, were, upon a minute e %emanation, different in some trifling circumstances—the wood " Loudon' in the one being printed in small letters in the same line with Edviard.street ; in the other. thi, stood was printed in capitals in a line by itself. Upon this she sent her attorney to the defendant. He showed him the labels, and asked him whether he had printed dienti The defendant acknowledged that he had en gi aved a plate from which the labels, were printed some years before. He said he had dune so without the privity consetit of Mrs. Lazenby it was dime by the order of lessts. flatlet and Hardie, who had labels printed from it front ulna to time, as they required them. The parcel sin question was printed fora gen Beaten, who, as defendant 'relieved, Was the successor of Messrs. Haller and Hardie. They were to be called for ; being left in the shop, and the boy seeing the name of Lazenby upon them, had 'cart it d them by mistake to the plaintid 'it. The defendant said, he was willing to give tip the plate, which the attorney declined. The defendant said he saw no impro iety in doing what he had done. Tits-Lord Chief Justice said, that the defendant seemed to think lie had a right to act in the manner be had done it was fit it should be publicly known that this was un less/ill. A person might tell any cots:audit) , lie pleased, pros bled he sold it as his own, but it was unlawful for hint to sell it as time invention of another person. His Lordship sail this might affect the inventor, not only by decreasing t is sale of his goads, but if the substituted article was an inferior one it *ovoid injure the reputation of the original invention. It was not only unlawful to sell a substituted commodity, it was also mllBOllll for a printer to enable a person to to this, by supplying hint with bills similar to used by the original proprietor, The plaintiff's counsel said, the object of the plaintiff in hi ingiug this swim: was to try the right, and give publicity to it. He would therefore not require more than nominal damages. The Jury accordingly gave a verdict for the plaintff, damages 10s. •/ N. it ••••arl:ii THE NATIONAL /mann. COURT OF KING'S HENC:H, Fee. 18. CASE OF LIBF.I,.—RUMISOLD V. CLEMIgNT. This action, which excited sonic interest, came on for trial thil morning. The action was brought for the re• cos err of a compensation for the injury which the plain tiff sustained, in consequence Isla libel ins•rrted in "The Observer," newspaper, of wilieli the defendant is pro prietor. The defendant first pleaded Not Ottilty, and ctterM•ards entered:a jusuticauon, stating the account to Ire trite. To this a replication was tiled, denying the troth of the account; and upon tits point HAUL: WAS joined. Mr, SC3 rlett and Mr. Chins' conducted the Plaintiirs, and Air. Adolphus and Air:Dowling the defendant's case. . . . It appeared in the rourse of the trial that the libel was contained in an account of some proceedings at Guildhall, in which the plaintiff had been summoned by one &druid, to produce an account of a distress %inch lie had le% ied. The account giten in " The Observer," in several instances carted from the actual proceedings, and the Chief J ustice stated to the Jury, that the plaiutiff moat recover. The question would be as to the quantity of damages. The Jury required leave to withdraw, and, on rctitan ing, gate a verdict of 301. damages. OLD BAILEY SESSIONS. Friday, Feb. 18.—John Bother) , was indicted for killing and slaying Thomas Cookley. W. Noddy deposed. that he saw the prisoner and de ceased on the Ist of February, in the workshop of Mr. Jones; prisoner was blowing the bellows and holding an iron in the fire ; saw them striking it on the anvil ; saw the prisoner push the hot iron at the deceased, who then struck the homer, and a setae ensued. Henry Povey confirmed the above evidence. Henry Pricey, the father of the last witness, saw the prisoner and deceased struggling I the latter had hold of the former by the throat. The deceased gave no notice that he was hurt. They all then went Into the hay-loft. The deceased went down into the yard, and witness told him if he would not go to work to go home. He never knew a mote sober or humane man in his life than the prisoner. Thomas Brady, a student at the London Hospital, saw the deceased at the hospital nn Tuesday. There was no appearance of blood about hint. The wound appeared like a burn, done by a hot instrument ; it was a quarter of an inch broad, and was just above the groin. It had penetrated quite far enough to occasion the inflamma tion which caused his death. Did not see any part of deceased's clothes burnt. The intestines bore marks of a dreadful scorching. Witness hardly thought it pos sible for a man to stand on his legi so many hours after he was wounded. John Heed deposed that he apprehended the prisoner at his work, the next morning. lie seemed much affect ed when he heard of the death. Ile pointed out the iron he had used against the deceased. The prisoner in his defence said, he had desired the deceased to take the irons out of the fire ; deceased laughed at him ; he struck him with one of the irons, not meaning to hurt him. The deceased struck him again with the hammer, and so began the scuffle. Several witnesses pee the prisoner au excellent cha racter for sobriety and humanity. Baron Graham snmined up; he could not account for the death of the deceased, bon by supposing he had re ceived the wound while scallop—Verdict—Man slaughter. Charles Elliott, a boy aged hut nine years, was in dicted capitally for stealing six handkerchiefs privately, from the shop of Mrs. Martha Blakeman, ou the Bth of February inst. The prisoner set up the defence usually adopted by the most hacknied thieves.—lle was going rather quick, he said, along Oxford•street, and saw another boy, exactly of his own size, run very swiftly before . Immediately he heard the cry of "stop thief," when: the noy dropped a parcel ; he (the prisoner) picked it up and cried out " you have lost your silk handkerchiefs." The boy instantly turned round and desired him to keep them, when at the moment, an officer came up and took him into custody. Nlr.Jdnice Richardson summed up the evidence, and the Jury, with little hesitation, found the prisoner GuiPy—Dealli. 11 illiain Smills was capitally indicted forstealing two cows, value 361. out the,f)th of February, the property. of William Morres. Mr. Baron Graham addressed the Jury, and the pri soner was found Guilty—Death. • Robert Scutt' was capitally indicted for assaulting Ed ward Weller, at the parish of Shadwell, on the 14th January last, and takiug•frotn hia person a silver watch his property. The p i•anter was foundGuilty—Death. Twenty persons were put to the bar, and pleaded Guilty to the minor offence of ha►•ing forged Bank of England tunes in their possession, This plea subjects theli to fourteen years transportation. followitig pleaded Aot•Guilty generally to both offences, and remain to be tried : linse, James Grtfolis, 'John Curtis, Satnnel Bryant, Daniel Lucas, •Charles Hunt, and Anne Giants. The following were indicted for the capital offence of uttering only, and also pleaded Not Guilty : Charles Harris, Stephen (;01.1, Jennings, and John Smith. The latter pleaded to rotlf Indict meuis, ii aides a fifth for stealing goods in a dwelling -house, value 101. and upwards. SATURDAY. PER. 19. EAICK PRO1ECUT10)::;. This (lay, Mary Hurd, Altai I).it ies, and John , ii%erally pleaded guilty to the minor offence of hat nig Batik-notes in their possession. stood intlicied for on the 26111 of January Ls:, uttered a fuigt:J note, %snit intent to defraud the GoY,rnor and Company of the Bank of England. There was ako another charge for the same offence. Mrs. Ann Appleby stated, that she keeps a hosier's shop at No. 13, Parliament Street, West:mu:4er; rccol, leers the prisoner coming in her shop on the 46th Jan last, and asking fur a pour of ',lnvest the psi oiler's hand was so large, that considerable dtliiculty tvas found in fitting it! the prisoner also purchased some other arti cles ;tile table of the whole was between :J. and 3!.; the prisoner (dieted a tOl. note in payment; wit less gave the note to her daughter to go and procure change. In a few minutes her daughter returned, without be, ing able to procure change, and gate the note to the prisoner. Site allerwards went out again for the same purpose. Al'hilst Miss Appleby was out the second time another matt came in, who said that he had come for a pair of stockings, which he had purchased in the afternoon, but which he had left, because the winless could not change hint a il. note. De now paid for the goods in silver. This person observed to the prisoner, that it was a fine night. The prisoner replied, it was. The mail then left the shop, and immediately afterwarols the prisoner folloWed hint to the door, telling witness that he could not wait. Ile desired the goods to be sent after him, to the White Horse Cellar, and said hisname • was John West. The address was given in the street, as the prisoner was in sue!' haste me, that the daugh te r of witness followed him to learn it. l'he note was found to be a forgery. The following day a person called for the goods and the change, saying, that he was to carry them to the George and Dragon. Witness refused to give the goods to the person who called, but afterwards sent to the Geor,le and Dragon, and ascertained that the primmer was not there, _ Anti Appkily, the daughter of the last witness, cons firmed :he testimony of her mother. llionias Pace is an officer, belonging to Queen-square. office.—Recollects being sent for to Air. Mansell's house, on the 46th January, where he met Nirs. Apple by. A NI. note was slim,' him, which was the °tie produced. The next morning he was sent for to Mrs. Appleby's, and witness accompanied Mrs. Apple by's servant to the George and Dragon, Jermyn-street. The servant carried some goods with her. Witness waited near whilst the servant went to inquire for the prisoner. They then went to the White Itirse Cellar, hut the prisoner was not to be found. Ott the 3d of February witness received information that a person re sembling the prisoner was iii confinement at Tothill fields prison, under another charge. Witness took Mrs. A.Appleby . and her daughter with him, and they iden• tified the prisoner immediately. _--Nlarryat resides at No. 21, "Wilson -street, Fins. bury square. This witness proved that, upon a 'nevi• ous occasion, the prisoner had attempted to pass a 51. note at his thump, but kit the shop hastily, upon suspi. cion being displayed, without taking either the pm• chased goods, or the change of the note. He here gave his address John Wilson, Edmonton, and said that his father was a well-known person in that place. The shopnwn of the last witness confirmed the above statement. l'eter Perry, a Bow Street officer, proved, that in corn. pang with another officer he apprehended the prisoner fur :mother offence. In handcufliiiig the prisoner his hand was found to be so large, that witness suspected him to be the person who had attempted to pass the note at Mrs. Appleby's shop. The prisoner had been des cribed at the office as a man with a hand remarkably large. Mr. John Lees, a bank inspector, proved the note to bee forgery. r. Charles Phillips, a cashier of the Bank, proved that his name affixed to this note was a forgery. The prisoner matte no defence, and called no wit nesses. Mr.-Justiee Graham summed np ;the evidence, .and thejury fuuud the prisoner Guilty. Dr. Motorrey, ofiChelsea College, was not upon the best terms with his wife; and to pass the time, they often amused themselves in quarrelling;—not amiss in cold weather, as it is found , to save coals. One Sunday, the dexter walked to 'Fulham, where he was engaged to dinner.; but in the evening beheld a thunder -storm, with a contunied torrent of rain. No sort of carriage was to he had but a re ttttt i-hearse, which he engaged to go by Cnelsea. The storm having at le ng th a b a t e d, the lady' was at the window when the hearse drove up to the door. " What do you mean ?" she said to the coachman. " I have brought the doctor, madam."— " Thank God !" was the reply; " now he is as he should be." The doctor, shoeing out, and finding him. self upon his legs, shook his cane at his kind half, with this retort, " lou jade, I shall live long to plague you, I hope." A young man - on the point of marrilge was drawn for the militia in Lorraine. In despuir Ise applied to the Count de Mitry, captain of the regiment, who in cola.. passion cave his word that t h e service should not exceed one year. The term expired, the captain explained to the colonel, and requested the .man's discharge,iehich the colonel flatly related, as he said the subject was an excellent soldier, and did credit to the corps. Next day he was surprised when the captain waited on him in the soldier's attire, knapsack and muaquei, with this address - ; " Jly colonel, as the word of a gentleman is sacred, and I have pledged mine that this mall only shall serve for a year, here is my connoisseur) of -captain, which I resign, and am ready to serve in his place " The colotiel with shame and amazement signed the d ischa ow. . A few days ago a large eagle was shot near Craston-bank, by Joseph Foster, Esq. of Newton Hall, It weighed upwards of nine pounds, and the wings, when they were extended, measured from point to point above seven feet ; it has been preserved by Mr. W. Ittay, of Aluwiek.