The National Register. — London, England, 1822-12-16 00:00:00

.116 glow s go. . . THE NA 314 4Au.siEmmy* eivtaiir's Gd4z.erris. -.weer BANKRUPTCY ENLARGED. G. Faze, TOtllei, Devonshire. grocer, from 11. w. 14 to Feb. 1. BANK 'weft: suPERsEDED. 11. J. Ellis, Norwich, linen diaper. BANKRUPTS. J. Blackband, Newport, Salop. grocer. Solicitor, Mr. Hicks, Grey',. lon Square. E Desvili, Manchester, wholesale grocer. Sols. Messrs. Hurd and Co. Tentple. 11. Chit, P.rinswick, Gloucestershire, clothier. Sol. Mr. King, Sergeant'. Inn. J. Soott, Alley Field, Cumberland, butter dealer. Sole. Messrs. Young end Co. Charlotte Row, Mansion !louse. J. Wiry, Manchester; J. Bury, Pendlehill, Lancashire; and T. Bury, Iluelskri.hury, calico printeis. Sol. Mr. Makinson, Tempie. T. Atherstone, Nottingham, dyer. Sols. Messrs. Briggs and Co. I incoin's Inn F.elds. .1. Wilcox. Madeley Wood, Shropshire, grocer. Sole. Messrs. Benbow and Co. Lincoln's Inn. 'l'. Halbert, UthetWibe T. S. Halbert. Chippenham, Wilts, linen draper. Sole. Messrs. Williams and Co. Lincoln's inn. J. Cookson. Leeds. woollen cloth manufacturer. SQL Mr. Wilson. Gres/111e Street, Hatton Garden. It. Watts. Lawrence Pountney Hill, merchant. Sole. Messrs. Swain and Co. Old Jewry. DI VIDF.NDS. DX.3I, W. Harrison, Yeldersley, Derbyshire, dealer-31, S. and H Andrew, Sltcklelturst, Cheshire, woollen manufacturers —l4, N. Water Lane, Fleet Street, printer-31, J. John son, Scutt-stares. Yorkshire, corn factor—Ys, W. and W. Lloyd Lower Thames Street, blopriellers—Vt. D. G. Stevens. Hallow. Kasee. linendraper-31, W. Chafer, Kingston upon Hull. grocer —l7, S. Palmer. Bourton on the Water, Gloucestershire. mercer —31,1'. and D. I'.syn, Cateaton Street, warehousemen—Jan. 2, J. Lobel!, Cranbrook, Kent, brewer. CERTIFICATES to be granted Dec. 31. I'. Peet, Nottinglium. linen draper—W. Saunders, Becking ton, Somerseishire, schoolintuter--J. Amiss, lirmuyard, Here fordshire. victualler—C. Buckle, Manchester, draper—A. Bremner. Camberwell, merchant—E. burrows, Worksop, Not tinghamshire, wilier. :ONA, VICVSLV V. AGAR, ESO. ;TER _TI , Mr. Evens, a linen draper, proved list dis eillawhist w..., to compromise with Mrs. Beestoo by making a compensation. —The defendant said, if the plaintiff had est.ressed to him a desire that he should look at her ►boulder, he should doubtless hate done so. This was the plaintiff 's ease. Mr. Scariest addressed the Jury on behalf of Mr. Campbrll,l but called no witnesses. The ford Chief Justice left the Jory to say, whether the de endant had sheens the skill • professional man was justly ex pected to base, • lien called on to assist • person suffering under such an occident. lfthey thought he bad been deficient in that respect, and the plaintiff had thereby suffered pain and inconvenience by bis negligence and want of skill, they ought to find a verdict for the plaintiff, with moderate dammos. The Jury found • verdict fur the plaintiff—Damages 1001.— costs .10s. from Mr.Biabop, the composer, ma eagagentaat was entered Imo with the defeatism, who is manager uf the Ban.ingliana theatre. by which Miss Green was to perform five weeks at litruvinghsai, at a salary of WI. per week, and half i clear benefit. Miss Green went down to Birmingham in August, Ib2l. ifer'first appearance was on the 171 h, and she appeared to be a favourite. In a letter which the defendant wrote lie used the following words :- 0 Bive is kr considerable reputation with our musica4 . . . . p..uple." She played several nightos, but in consequence of severe inners was unable to appear on the night of her benefit, namely, the 26th of September. Several apologies were also made whet: abe could not sing. The manager, taking advantsge of her illness, refused to pay the 501. agreed for, and Miss ta. having married, her husband brought this action upon the con tract. She had received 121. 13s. lid. fur which she gave the defendant credit. The balance upon the contract was 371. 4a. which flue plaintiff sought to recover. The plaintiff, a surveyor, brought this action against Mr Apr, the barrister, to recover 2bol. for booloros dome as s civi The statement was proved by Lucy Green, the mother of Miss Green, new Mrs. Bedford. The witness did not know whether the action was bunk by her son and daughter, or by Mr. Bishop. Mr. Scarlett, for the defendant, said he would prove by Mr. Bedford's hand-writing, that the action was brought by Mr. Bishop, in his name, witiout his direction. Miss Green, by not playing and singing, had lost the manager the advantage he expected from bringing ber down to Birmingham, and under these circumstances he did not consider himself bound to pay for the eights abe did not sing ; at the same time be allowed her a benefit, which she took as a remuneration fox the nights she did nut play. The It arued counsel read a letter from the written in Dublin. The following was the substance :- 1 received your's, and was greatly surprised to hear of the proceeding of Bishop. 1 took the letter to my attorney, who says I outwit not to eunsent to the action without having indem nity forcosts. I wish to keep my band, out of law.--1 sin glad to hear your' Tem and Jerry' is doing well. Mrs. In.tram and Mitts Wlialet, both actresses at the Bir mingham theatre, proved that Miss Green did not play on se veral occasion. in consequence of illness. Mr. Cullyer, the prompter, gave similar evidence. Mr. Bellamy, a surgeon, proved that Miss Green was amble to sing on the night fixed for her benefit. The Jury, under all the circumstances, found a verdict foe the plaintilf--Damages 371. 4.. (id. engineer. Mr. Agar is po d of property in Kendall Town, and the Regent's Canal, which is eat in that neighbourhood runs through his ground. In the course of that work Mr. Agar re reiv ed considerable injury, and he brought his action against Ibe company. In support of that action, it was necessary to have earveyors and persons of skill to measure the ground. The pls rveyurs employed, and Lis charge fur bnainess was Ml.—Verdict fur the plaiutitf. WEDNESDAY. DEC. THURSDAY, DEC. 12. SHARP v. THE REV. M. VIELLS. This was an action to recover a compensation in damages for a malicious proseeution. Mr. Phillips stated the case. The dcfeninnt was a clergy man of the Church of England, living in opulence at Chiswick. The plaintiff' was the Rev. defendant's gardener. Having paid a visit to his aunt, she made him a cept a piece of beef. The neat day the defendant saw the beef, and suspecting it bed been stolen Irmo his pantry, made tho plaintiff walk into the kitchen, where he took down a roond of beef, and told the cook that the slice in plaintiff 's possession had been cut off' the wand. The cook said it was not possible, as she had kept it under lock and key. The defendant still supposing his provisious had been improperly obtained by the plaintiff, indicted him at Hicks's Hall, where he was acquitted. The beamed Counsel, acting neon his uite-notions, attached not mil) malice, but the most uncharitable motives to the defendant. Mr. Butler, clerk to Mr. Harmer, the attorney, produced the record of the acquittal of James Sharp, the prosecutor. — The charge was fur stealing four ounces tat to.ef, the property of the Rev. Thomas Stella, of Twickenham. Witness ass present at the prosecution, and produced a note of Mr. Virll's evidence. . . . Solicitor-General—Did Joe take a note of the whole of the evidence l—No. _ . .. Solicitor-General.—Then I submit this witness cannot be exaniined. Witness said he could repeat the whole from memory. The Sulteitor-Genersl persisted in objecting. The Lord Chief Justice over-ruled the objection. tulips,ye mr , be a wo among as Witness proceeded--Ile s .id that on the 22 d of October somelast eo walkingl ths u lt s i e s d g f a o r i rl en. kTepi O n seedg look i ng in, lm am insg "yew! this slice of beef; that he was struck with its appear mice, and au:Timed his servants were at their old tricks ; he took it into the Oaten, and cut a slice off his own round, dressed the day before, and, on comparing it, be said he had no doubt it came off the same joiot, from the complexion : that the man refused to admit be cut it from his round, but stated he had got it at his aunt's, at Camberwell ; and that Suarpire fused to tell his aunt's name. Joseph V. ilsun, his butler, was called, but could not ode t tify the beef. Mr. Phillips inking the witness what Wilson said, The Soicitor-General objected. Mr. Phillips asked, did %tells swear it came off his round of beef .? Witness.—Yes; be said the two slices tallied so exactly, ho had no doubt they came off the same round of beef. Mr. Arabin, the Deputy Recorder, held the brief. Cross-examined by the Solicitor-General.—lle said that Sharp refused to give the name of the snot, when he (Viells) offered to take a drive to Camberwell, and see the aunt.— % tells' expences were 111. 2,: bd. exclusive of the witnesses. Mr. Webster produced the ori„itsal copy of the record, by which it appeared the ltev. Thomas %jells was the only wit• Nit's. Baldwin ezaminid by Mr. Phillips.—Knows James Sharp; on Sunday, the 21st October, Ib2l, lie dined with welne,s. Tim Lord Chief Justice.—Aro you his aunt ?—Yes, my Lod. What had you fur your dinner ?—Boiled beef. Wm. else dined —My son ; and on Sharp's going away he gave him some slices of beef and bread fur his dinner uest day. Cross examined by Gurney.—Should not sup; • ,e they were half ail inch thick—they were as you usually cut a slice fur rating—the bread was oil a half peck loaf. Re-examined by Mr. Phillips.—%l as the beef you had for dinner juicy or dry ?—lt was dry, Sir. John Sharp, son of last witness, met W Mien' Sharp. his cousin, at lois mother's, on the 2lst October last—had boiled heel* for dinner, and on his going away witness gave him stone for his dinner next day. Charlotte Eden examined by Mr. Phillips. Witness lived with Mr. Vi Its as cook—her father is a conehmaker and wheelright at Twickenham—as cook, had cafe of the larder, and always kept it under lock sud key. Mr. Phillips need nut ask you if you recollect the round of beef ?-0, yes, very well; recollects on time 22d of Oct. her master desiring her to follow !dm into the !Artier with a knife; slie unlocked the door, and her master cut a slice oil the round of beef. It might be 12 o'clock, just after break fast ; be wrapped it up in so old newspaper, with a slice of L4IV I.rfELLIGE.,VCE. VICE CIIANCELIAHIS COURT. LRIDAY, DEC. 13. MISUNDERSTANDING BETH LEN ONE CIF THE COUNSEL AND THE. BENCH. Mr. Wetherell was engaged in soloing a cause, when The Vice Chancellor, conceiving that the learned counsel did nut apply himself to the only point at issue, twice interrupted I , and directed his attention to it. Upon the last occasion Mr. Wetbt tell said, 1 bare a right to be beard, sod I will be heard. Tile Vire Chancellor—l am always desirous to bear you ; brat when you are beard, it is loot the Judge to see that you do not apply you.. arguments', to points about which there is no doubt or difficulty. Mr. Wetherell—ln support of my public character and for the sake of the privileges of the bar, I contend for my right to be heard, and to state my view oldie oast, and 1 will nut sub mit io be put down by your Honour. It is the noaninsoul com plaint of the bar, that your Honour will not permit counsel to exercise that right, without which it is impossible they can do their duty to their elieuts ; and petitions are presented, cum • rlsinie4 that causes have not been property beard by your Honour. _ _ _ The is 3. Chancellor—You do not address yourself to this object with your usual good sense and gentlemanlike deport ment. In order hat counsel may do justice to their clients, is is necessary they should know what the teal difficulty in the case is, and apply their arguments to that point. Mr. V, etherell—l trust I have done nothing angeolleman lile but l must repeat that I will not subunit to receive my view of the case from your Honour. I have a riOn, and I will not be prevented from exercising it, to pursue any line of Br itain:sit which I think essential and necessary to the i..terest of my client. The Vice Chancellor—l have endeavoured to direct your attention to what I conceive to be the real difficulty of this case. Having done so. 1 shall upon this occasion, as I do upon every other, permit counsel to adopt their own course of argument. Mr. Wetherell continued his argument to the conclusion, un interrupted by any rinuaik from the Coon. COURT OF KING'S BENCH. (Sitiitrysbrfote the Lord Chief 'matte.) MONDAY, DEC. 9. elk MM. OAT D. LORD IiEVIRY. Thia was an action on the warranty of s horse which the de fendant had sold to the plaintiff for 70 guineas. The Solicitor General conducted the plaintiff's case, and Mr. Searl At the defendant's. It appeared that Sir Simeon Stewart was riding the horse in question when Sir Wm. Oat first saw it. The plaintiff being pleased with the horse, raked the price; seventy guineas were demanded, anti Sir Simeon told the plaintiff, from Lord Newry. that the horse was perbmtly quiet in harness. The defendants groom, however, at the tone the loose was delivered, said, his master would not warrant any horse he had sold. The first day the horse was driven out he began to kick, and finally broke out el' the shafts. 'Elm Lord Chief Justice in his charge to the Jury, remarked, that the evidence proved a warranty on the part of Sir Simeon Stewart. The only question was, whether the horse Lad. answered the warranty by breaking ont of the shafts. The J.try found a verdict for the plaintiff.—Datnages 1031 —east* .lOs. w hich ineludt dthe bone's keep. BELATON V. CAMPBELL. This was an action against the defendant, s surgeon, for neg ligent and unskilful treatmen ul tl.e plaintiff, who had dislocated her shoulder. The lirat witness was James Baker Beeston, the pl iota's nephew. The plaintiff lived at Paddington-green, where she Lad followed the business of a dress-maker. On the lst of April last ahe fell down tit her door, and pat out her shoulder. 1% hat she was coned in she complained of pain. Mr. Camp bell, who is a surgenn in the Edgwire-road, wan s oh for. When he arrived he made be-r hem, her fin,ters, and ordered a fermentation of poppies and camomile flowers on her sholder. Mr. Eninintou, a surgeuu, was nest for in July to attend Mrs. Ileeston. U. tound her shoulder dislocated. It was a common ease of disl..cation, and he thought ie . ) person who had the least knowledge of surgery might leave discovered it at first siAi.t. After the pLtiuttli bad been suffered t want proper assistance daring three months, it was difficult to set the shoulder right, and much pain must necessarily have ensued.-- he witness, had he been called iii at the niument the accident, woufil not bare been satisfied with inertly seeing the patient more Ler burro. Ile should have examined the part affected. Mr. Clitveticr and Mr. Oord, medical ineu, gavir grader .sibuony. THE KING V. THE EARL Of CADOGAN. This was an indictment against the noble defendant, for not repairing a wall and bank, laying between the River Thames and a public highway in the parish of Chelsea. The particular place appeared to be a row of hooves West of the Bishop of Winchester's Palace. It was alleged, in support of the prose cution, that the noble defendant, who Is Lord of the Manor, was liable to repair the wall and bank from the East to the West cud of Cheyney Walk. Lord Cadogais could not be liable, without the Jury believed the Lord of the Manor bad re,raired time immemorial. _ Mr. Gurney, who appeared for the prosecution, stated, that the trustees of Kensington turnpike were ansitme to try whether the Earl of Cadogan was liable to make these repair*. The spot in question was near Battersea-bridge. The wall ran along the bank, and a row of ancient trees stood between the wall and the high road. The roots of those trees had damaged the wall, and the noble defendant having refused to make the repairs, the trustees commenced this action. He should prove that the wall had always been repaired by the Lord of the Manor, and the question would be whether the mirk Lord or the parish were to make the repairs. Several witnesses proved the situation of the wall, and the repairs made by Lord Cadogan. Mr. Scarlett called witnesses, who stated instances of repairs done to the wall by the inhabitants living opposite. The Lord Chief Justice left the Jury to cousider, whether there was evidence to lead to that conclusion, the defendant would be liable to the prosecution. l'lte Jury found the defendant guilty, by which his Lordship is liable to repair that part of the wall which *laud* tin his manor. net bocit in MALLARD. This sou an action brought by tile pleintiff, an auctioneer, to recover a loss sustained by the sale of a horse, which did not answer warranty. •':!te plaintiff wanted a horse to go in harness, and was told l'.e defeb!lant, who is a gentleman residing in Bedford-place, The defendant's coed/wan Kum:el-square, had one lo soil him. said the horse svuuM go with the greatest caution, and that be might be driven with a n eedleftil of thread. The plaintiff gave eighty guineas for him. On the fist trial he went to Harrow, and, aocording to the evidence plaintiff's groom, lie began kicking without the least provocation, .44 such • way that it was umiak to drive him. They tned him again, on a journey to Ascot, and lie proved equally restive. He was ,'"11eil times in harness, and the pleiontf found him ungoveruin..4.- The plaintiff Wing the horse would not suit hint, applied to : 41 e defendant to take him back. On his refusal lie sent the horse to Aldridge's stables, where he was sold for 27 guineas. The espence of keeping the horse before he was sold amounted to 1 1/.loe. and deducting the sum for which the horse sold, the the plaintiff sought to recovers balance of 4SI. Mr. Simms, who was with Mr. Bullock when lie drove the horse to Ascot, proved that the animal broke the heroes*, and kicked violently going sod returning neat day. The plaint:des groom proved the horse was kept in the plain tiff's stables. (hie guinea per week was a fair charge for the keep of a horse in a gentleman's stable. Mr. Gurney, for the defendant, said the horse never was a kicker before lie got into the hands of Mr. Bullock. The defendant's groom being examined, described the horse to be as tame as a lamb. He had driven the horse through Smithfield Market on cattle day, and in the heart of the City of London. The horse was always quiet and safe in heroes.. The Jury, under all the circumetauces, found a verdict for the plaintiff.—llama; es 441. Costs 40s. wensealetx, Die. 11. TIIE ILlmi v. JACIL‘o% A‘l) OTHERS. This was au iatlichuent 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 againet George Jackson the younger, for the purpose of enabling the lather, George Jackson, to prove a larger debt under the comniiiiaion 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 new trial. Mr. Scarlett styled the oase.—The prosecutor, Mr. Fox, had established a medical business in Ilialiopegate. street, and being desirous of disposing Oil, was visited by Jackson the younger, who finally became a purchaser, fur the sum of 2,0001. Part of the sum a* secured by a bond, and Mr. Fox was preparing to enforce the payment by legal means, when he was stopped by a commission of bankruptcy, sued out by Jackson the elder, and Jervis, the father-in-law of Jackson the younger, in which the father claimed a debt of 1,7001. The prosecutor consiatring the chide a colourable transaction, intended to defraud him of his claim on the younger Jackson, commenced this prosecution. Mr. Srerlett called witnesses, who supported the case for the prosecution. The Solicitor General for Cue defendant, addressed the Jury at considerable length. The Lord Chief Justice charged the Jury, and they found, without hesitation, all the defendant* not guilty. ItEDIFORD Allll NIFE V. NU NN. —.— This action was brought by the plaintiff, on a contract made by his wile, when she was Miss Green, the singer, by which she was to perform at the Bir JJJ :: gloom theatre hse weeks, at 101. per week, and be furtbrr remunerated by half a clear benefit. Mt. 31arrsatt stated the ease. Ja consequence of a letter