The National Register. — London, England, 1808-12-04 00:00:00

THE NATIONAL REGISTER. the captiousness of critical feelings. I do not even wish, as far as this preacher is individNally concerned, to lessen him in the minds of those who have uniformly sat under his ministry. Consistently with my own convictions, however, i cannot accord with those who have described Mr. Wood as an un commonly splendid pulpit character. The injudiciousaess of our friends is sometimes as injurious as the malignity of our foes. I therefore submit it to the patrons of this preacher, whether, in claiming for him the highest distinc tion, they may not diminish the effect of those impressions of respectability which his sermons really create in the minds of impartial men ? Mr. Wood, it should be mentioned, is the author of nu merous Pions Tracts, of which utility and benekinlity arc • the prominent objects. His humanity deserves to be dis tinguished, and his liberality to be universally imitated. Oehim it will be honourably said, when his talents have long ceased to be the tpioc of human discussion, " that be went about doing . good." His principles and manners are equally entitled to enco mium. He is orthodox in his religion, and loyal in his politics : his temper is benevolent, his manners are con ciliating, and his whole character is winning. Providence, however, has been signally bountiful to him ; and it would he strange if, consOutionally happy and circumstantially prosperous, his general conduct did not excite both esteem and affection. .Dec. 2, 180 S. Oh ES INVg. LAW REPORTS. COURT OF COMMON PLEAS, Nov'. 241. JOHNSON, V. COOKE. Th;• was an action to recover damages. for an assault committed under the following eircumstanCes.:—The plain la is a soldier, the defendant also formerly, belonged.to the army. Ott the tad of October last the parties met at a public-house, the Black-Horse and Windmill, Whilechapel. They were seated in the parlour among several inhabitants of the neighbourhood, and the conversation turned upon the Convention in Portugal. Johnson expressed himself like many other great men, very much displeased with the conduct of the British Generals ; and Navin,*ome know ledge of th e arts, drew two figures on the ti - ';10e with chalk one he descr;bal to be Sir Ilew Dalrymple, and the other Bonaparte throwin p.;:iineas into Sir Mew's mouth. This caricature causA ou phiinti':f's loyalty to be questioned, chiefly by Cooke, who discharged a copious shower of porter in the face of Johnson, and rising from his seat at the• same time knocked him down. The plaintiff was de scribed to be a little man compared with Cooke : and after he had recovered from the blow, he complained that he had been degraded as a soldier, and requested Cooke to procure a couple of Swords, or sticks at least, that his wounded honour might be defended upon' equal terms. It did not appear That the combatants afterwards met in the bloody field of battle, and the Plaintiff brow "ht the present action to heal the breach which the defendant's fist had made in his Valliant face. After witnesses bad proved these facts, Mr. Serjeant Cockel said he was sorry this action had been brought into Court, because it was . a pot-house quar rel. If the plaintiff had been contented with the'btow he had received, he would have been better off than he could he with the law at his hack. The plaintiff considered him self as much entitled to make a speech upon the Conien lion of Cintra as the learned Members of the Common Council of the City of Lendon (a laugh) and hi intruded upon the company by boasting that he had. mounted the deadly breach, ( although he had seen no more than Major Sturgeon') and by abuse compelled the defendant to knock him down. The teamed serjeunt recollected that the pre sent Lord Chancellor once tried an assault cause in the Common Pleas, in which the plaintiff; hr provoking lan guage, had received a bluw froni the dzSendant which, --141 ML I);-:C. 4. knocked out one of his tcalt. The Jury gave sixpence damages. Lord Jdon called the plaiatill before he left the Court, and observed to him, I recommend lon, if )on value your teeth, to keep a good tongue ill your head, 14 I you do not, you will not have a stump tell. The plai,.- 41 in the present case stood in saniesitaat.on ;he had provoked the defendant by abuse, and the Jury ought not 1%) think of giving damages. Sir James Mansfield prevented the Ltlinied Serieant fron t calling witnesses in support of the defendant's case. lk told the Jury that they were the best judges of the case which ought not to have been brought into a Court otitis lice. An avault had, however, been proved, and Ja w the plaintiff was entitled to a verdict, which was all he could expect. The Jury instantly found a verdict for the plaintiff, da inairbes One Shilling. SITTINGS AT GUILDHALL, LONDON, Nov. 30. COTTER ELL V. wttsn, `NT. This was an action against a late Sheriff of London, by the Sword Bearer of the Corporation, to estahlisit a right which he claimed of having three hottles•of wine per diem, for home consumption, during the continuance Of the Old Bally Sessions. To es;ahlish this claim the City Butler was called, who proved• it had been the practice, with very frw exceptions, for the last twenty years, that the Sword Bearer, beyond the wine drank at his table, should take home three bottles per diem for home drinking. For the Defendant, Mr. barrow said, although this practice it was true had obtained, it was mere matter of curtesy, and not of presumptive right. The Sword Bearer was an Officer of the Lord Mayor, and not of the Sheriff's, and tnererore could have no right or claim against them. During the Sessions there was a plentiful table kept for his use. At the beginning of every Shrievalty a list was pre sented of all the Officers entitled to privileges, and in 'his list the Sword Bearer's three bottles were not included. The custom ilad arisen when wine was not a third of its present price, and was then overlooked as being too trifling to notice. During the Shrievalty of Sir W. Staines, he chose rather to dine at the Sword Bearer's table than at the Lord Mayor's, and finding jellies. tarts, trifles, &c. he reformed the table to plain joints of sirloin and rounds, observing, that the remains would better suit his large family in the gaol, than the Tess substantial, but more de corative parts of the table. Lord Ellenborough thought that the Plaintiff had proved no prescriptive right, and under his advice the Jury found a verdict for the Defendant. OLD !JAMEY. Wednesday the 0;d Bailey Sessions commenced before Mr. Justice Grow and Baron Graham. FOR ERY. John Stow Lundie, alias Captain Lundie , was brou gh into t the dock, to take his trial on an indictment, which charged him with forr,ing Bank of England Notes. The Keepers had mach • difficulty to get the prisoner in to . Court, and the instant he appeared , he conducted himscli like a maniac ; he not only interrupted Mr. Shelton, Clerk of the Sessions, while he was reading the indictment, hilt uttered oaths and execrations against the J ug es. Lookiiig steadfastly at Mr. Justice Groso, he exclaimed, " Dn you, who are you, Sir ;" He diva turned to Mr. Newman the Keeper of Newgate, whom :le took by the hand, and said, " You are the only friend I have," While the Court and the spectators were struck with astonishment at the prisoner's apparently: frantic . insanity, Mr. Garrow, etch Council for the prosecution, addressed the Judge, an d stat ed, that the prisoner stood charged with a capital ocfence, 'lamely, that of forging Itank-notes. Ile was ready to proceed immediately with the trial, but haying un li deri'ood that the pi isouer's mind been deranged since :s ;~~