The Statesman. — London, England, 1821-11-13 00:00:00

7711- - 74 , ' ;5711 1 01 - -,0 Mr. Serjeant TADDY then proceeded to contend, that with respect to the cost of the experiments, as they were not made for the purposes of general science, but bad reference to this ease alone, they ought to be al lowed. Indeed, they were made by a sort of compact with the other side. They (the defendants themselves) s:erned anxious that such experiments should be made. They declared that they would make them, and they invited the plaintiffs to make them also. The Cuter JusTace—How much was the amobut of the property insured? Mr. Serjeant Lens replied, that it was ripest& of 70,000/. The CuterJerrice—l think (whether the cost of , experiments be allowed or not) it was right, in a case of snch importance, that they should have been made; but I wish it could be shown to me whether there was any compact between the parties for making them. Mr. Serjeant Het.Loca, who appeared for the de fendants, here observed, that be knew of no compact of that nature. Mr. Serjeant TaDDT—I do not say, my Lords, that there was a positive compact ; but I remember that. When the motion for a new trial was argued before your Lordship, one of the arguments used in support of the motiotrby the defendants' Counsel was, that a sufficient number of experiments had not then bees made. Surely, then. it will net be contended that that was not an inducement to the plaintiffs to make thou , additional experiments for which they now c laim to be' al Mr. Justice Boanouon—There was no contract. Mr, Sergeant TADDT.—Nose my Lord; but they challenged us to make the experiments. We have done so; and I submit to your Lordships that the verdict being for us, we ought to charge them with the full costs. Mr. Sergeant HuLt.ocx, is support of the rule, contended that the case of Lopez, and de Taster, which had been quoted by his Learned Brother (Taugban,) was not in point, nor did it bear the in terpretation which had been given to it. As to physi cians, he had some doubt whether in strict law even they ought to be allowed for loss of time as such, for bow was the rule of expenses to be settled ? One physician whose practise was extensive, might charge fifty guineas a day, while another might be satisfied to go to Onildford for fire ; so that there could be no settled rule. He thought also, though he did not at all mean it invidiously, that the plaintiffs need not have sent to the great distance they had done for wit nesses, while they could bare got others of equal skill nearer home. If the principle were to be admitted, a man might send to Calcutta for witnesses for scientific purposes, and charge the expenses of the voyage here and back. At the saltation be did not mean to object to Dr. Thompson, who be had no doubt was an ex tremely clever man. The Learned Sergeant then went through various items is the bill, several of which be contended, his clients ought not to he called upon to pay. There was one item of 2051. for a model of the premises. Why, if, as bad bees suggested, they had built a model of exactly the same size as the original, t!ley might as well charge the price of it, a 5 .2051. for a model. There was another item of 2131. for loss of time, trouble. and espenses, in making experiments to S. Pa,kes, Esq. Of this the prothonotary bad de ducted 991., but then it was not stated what sum was fur loss of time, what for trouble, and what for the expenses. It was the same with the charges to several other gentlemen. Now he objected to any thing being allowed for loss of time, and in that ease he was satisfied, the case ought to be reviewed.— With respect to the cost of the experiments, be appre hended that the best answer had been given by the Court—in no case that he beard of before this were they charged. The Cuter JUSTICE asked what was the rule in pa tent cases. The Prothonotary said that in all such cases a reason able sum was allowed. Mr. Sergeant IleLcoce proceeded.—There was an other ground on which be thought the experiments ou4ht not to be charged. Either there had been seve ral experiments made before the new method was adopted, or they had not. If there had, no additional experiments were necessary on the late trials. If there had not, the plaintiffs bad rashly made the risk. and on.rht not to recover now. The CHIEF Rs rice.—You forget brother Hullock,l that this was a patent. 31r. Sergeant HIM LOCK.—That, my Lord, strengthens my argument, for in that case it mutt have been so well known, as not to need any additional experiments. The Learned Sergeant was proceeding to contend that the division of the costs equally between the two In 'wince Companies was not the most proper one : but the Court thought that such an arrangement would best meet the justice of the case. There were two Insurance Companies in the case, in each of which two policies bad been effected, and two actions com menced; and though all the actions were not tried, yet as the same evidence went to all, it was but just that each office should bear a moiety of the costs. • The arguments being closed on both sides, The Cruse Juance asked whether physians were allowed for loss of time as witnesses? The Prothonotary replied, that they were always allowed. The Court then wished to be informed, whether there was a particular scale of allowance, for it was not to be supposed that such an eminent physician as Dr. Bailey would be allowed according to the extent of his practice. The Prothonotary said certainly not. There was an avenge allowance, and by that the most eminent physician received only the same sum as the physician who had got his diploma bur the day before. The Cuter Juszice.—What sum would you allow? The Prothonotary.—My Lord, since the allowance has been raised to barristers, we have raised physi cians in' the MOW rank, and they are allowed the same —two guineas per day. 'Me Cuter Jusucc.—But do barristers take the allowance? The Prothonotary.--In some cases, my Lord, it is allowed. The Cuter auspice (after consulting for a short time with the other Judges) said we shall not say any thing more upon this, than that it must be referred hick to the muter to revise the cost', and that the ex periments are nut to be allowed : nor is allowance to be made for loss of time as such; but let it be under stood that physicians are to be allowed as usual. The Prothonosary begged to know how he was to reckon physicians, was it by diploma ? Tilti STATHSMAY The Coons said by practice. It was not to be ex• pected that a physician was to take his diploma about in his pocket. The Prothonotary again begged to ttottble their Lordships. There was another claw* of persons who were frequently allowed mdch more than any profes sional men--40 meant surveyors. Sometimes very high chaos were made for them. For instance, the late Mr. Rennie, who was summoned as a witness in the present case : his time was of the utmost value, as was that of others of eminence in that branch of science. He wished to know how they were to be al lowed. 'l'be Cline JUSTICE —We can know no distinction here. The time of such gentlemen as the late Mr. Rennie must no doubt be extremely valuable to them, but that of a poor man is equally valuable to him, and perhaps more so ; for though the amount might not be as great, yet the support of his family might be de pending on it. Rule made absolute ; and it was further ordered, that a moiety of the taxed costs should be paid by each of the Insurance Offices in question. There was another case of " Severn v. Slade," torts► ing exactly on the same point, which was not argued► as of course the same decision will apply to it. The Court rose at a little before two o'clock, in consequence of being summoned, along with some others of the Judges, to meet the Privy Council is the Exchequer Chamber at two o'clock. Th OUR READERS 4411 . 1 b TIM PUBLIC. [Concluded from our last.] We have heard of some good advice given by a snidest 'man to his child just entering the world. " Get en eel rest —lf onerrLy—ff yes ease—but err ox." Whether this maxim bas ever occurred to Liest.-Colonel Torrens. we cannot pretend to say; ono thing is pretty certsia—his de termination to try to get es. We have airedy -related out some of the means employe) to this end ; now set forth another of them, which. we believe, Is the last eats:. nation from the inventive genius of the Lieut.-Colonel. We' allude to the ROLIS AND ORDERS or TIN BEARTOLENT SO' am or Krim., Tavel's, Correa-nous* AND lex- Katt ans. The Traveller newspaper was originally set on foot by the Society of Travellers ; and for their patronage. the Conductors of The Traveller stipulated to pay certain sass sexually to the Traveller -Society-Fund. Subsequently to the period at which the Lout:Colonel became possessed of 7Se Traveller, the Society began to express much dissatis faction. We purposely avoid giving an opinion as to the cause. Whether it was of a pecuniary nature or not. we do not profess to know. Be that as it may, the Traveller Society ultimately seceded from the LieutoColonel and The Traveller, and commenced another paper I This de ilbetion then must be repaired. But how 'I The Licat.-Colonel. as he expressed himself. was resolved to proceed " vigorously." It was quite clear, however, that the " Howe-to-House' business. which we have already described, would not answer. and as Mister Gardner said, " they were the boys for getting on," It was not probable that much time would be lost on preliminary points. The Lieut.-Colonel thought if he could ions the Innkeepers, &c. into a Society, like the Society of Travellers. his paper would Sy liks a kite. Accordingly he set about it. Ile tried his luck first with those likely to be moved by his " big name;" the courteous condescensions of a Lieut.-Colonel were not to be slighted ; he had only to ask a favour and it MU granted. A little junta was made up, and meetings managed, the Lieut.-Colonel in the chair. To give eclat to the whole. the Freemasons' Tavern was selected as the house of rendezvous. Here, at the various meetings. a string of Resolutions were entered into, afterwards printed in due form, and distributed privately to those they were intended to allure: No public advertisements proclaimed the foun dation, in this the age of Charities, of another Charitable Institution. No, the Lieutenant-Colonel was anxious to give away with both hands.but he did not wish his right hand to see what his left was doing. Spite of his disin clination to blazes forth his good works, we have been for tunate enough to obtain porpoise°• of a copy of his Nota- Ulla—his " Rules and Orders." We shall here insert such of them as bear upon the present subject : we would tran scribe the whole of them were they not too long. The un suspecting reader, on perusing the ' Rules and Orders,' is intended to understand that the Benevolent Society had ori ginated with a number of Hotel, Tavern. Coffee-house, and Innkeepers, desirous of forming some establishment for the benefit of decayed members of the trade, end for the educa tion of certain children ; that they bad made up a fund. and that they had incidentally formed an arrangement with the Conductors of a Newspaper which would bring a certain ands large sum annually into the stock ; now the direct con pan, of ell this lathe real state of the case. It is simply a Wham of the tieut.;Cotowei tit orderaistitetwo lIMPFOSSMI circulation to his paper. And the scheme is such as doe! net, as far as we can discover, impose the least liability on Ids part to furnish contributions or give power to any one to enforce them. But then the Lieut.-Col. is an hononrable man, and his honour will be a sufficient guarantee! In the introduction of these Rules sad Orders, Believers are told that "by the mere act of changing one Newspaper for an other, the •*I fortunate may secure themselves against scant, and the prosperous enjoy the luxury of doing good" (to the Limdenast-Col. we suppose). Here's an invitation ; here's undermining with a vengeance; here's Summery and humbug, but we shall soon see what luxury eon accrue to those who accept the invitation. There Is another sentenee very neatly thrown in. "As this Society is connected with an &ening Newspaper, ft ran mut clash with, but. on the eon trary,may rather tend to aid that sulful and excellent Institution, which derives its jund front the Morning Ad vertiser." Very pretty words certainly ; but we cannot conceive how the circulation of the Lieut.-Col.'s paper can aid the Morning Advertiser Institution; besides, no comparison can exist between the two papers. The Morning Adver tiser is the actual property of the Publicans; they receive their annual profits (roust, whatever these may be, after de ducting expenses for supporting a school. Now the Lint. Colonel's paper does sot, nor any part of it, belong to those who perform the " mere act of changing one Newspaper for another" Besides wehave witnessed the fate of two papers that were produced ander pretence of aiding the Morning Advertiser Institution, and under elreoinstances far more favourable than The Traveller can boast o*; yet neither the Aurora nor the Evening Advertiser simmered the expec tations of the publicans in the snakiest degree. unless to some, who, from the comme ncement of these parrs, only an ticipated mortification and loss. It will prove highly use full to the Publicans who are Members of the Morning Ad vertiser levitation, for us to refer them to the *' Rules and Orders" by which their Institution is governed ; as they will therein find, that by connecting theaselvesin any shape whatever with any other Institution but that of the Morn ing Advertiser, they are immediately struck out of the books as Members. and preluded from participating In any of the emoluments of the Institution. At the end of the introduction we have an N. B. "In addition to Use charitable objects; of this Society, an ar rangement is made for protecting the Members against . by warning them, through the Secretary, of those IMPOSTORS and SWINDLERS who go from house to house impogilly upon the trade." What does this mesa 1 We cannot imagine, unless it alludes to his quondam friends who set up an Opposition Paper. played of some of his ewe tricks against himself ; they went from house to house ‘• tenting out" his Paper and any other that they meld ; this the Lleut.-Colonel may think unfair, and so. la a very gentlemanlike manner,be may designate them impostors and swindlers. The first eleven of the " Rau and Orders" are such as are found in all institution books. They relate to Committees. Treasurers, alai the like. The twelfth of On Rules and Orders provides, " That the income of the Society shall be derived from donations sissi annual sub. Ascriptions of Members, or other per ens dolmas qj eidisag its benevolent objects." Now we had always thought it • necessary accompaniment to the birth of a benevolent so ciety, to set forth the numerous subsceptio ts by which its objects are expected to be accompilsbed---the names of the Subscribers. end to ghee , at least a chance of setting it 5-going. Most charitable institutions are with dilleulty kept up. notwithstanding the patronage of great. acid sometimes Royal names, sad aotwithstanding heavy subscriptions to back them. How, then, is this Gaming to be supported, without a gimme, without a PINOT, and yet there is a reso le framed for appropriating the half of the income of th•• PUBLIC XEETINGS IN YORKSHIRE. [TRAM THZ LSSDS MERCURY, NOV. 10.] The " Hunt Club," in imitation of the " Pitt Club," met on Tuesday last, at the Union Inn, in this place, to celebrate the birth-day of Mr. Hunt. About 70 persons sat down to a good substantial dinner, Mr. Wass, in the Chair, and the proceedings, as we hear, very much resembled those which are annually acted at the Music-Hall in Leeds, and Merchant Taylor's Hall, in London, in memory of •' the great man now no more," except that there were no lawyers waiting for office, no merchants longing for contracts, nor any par. sons singing for preferment. The hilarity of the day was kept up till a late hour, and the Huntites, unlike their exemplars, the Nukes, separated without break ing each others heads. On Tuesday, the Birth-day of Mr. Hunt was cele brated at Bradford by a public dinner, given by the Radical Reformers. Mr. Edward Fearnley was called to the Chair; after the usual toasts hail been given, it was unanimously agreed to form an Union of the Reformers upon the plan suggested by Mr. Hunt, and proper persons were elected as Trusty-►nen and Centu rions. We understand that the Meeting was conduct ed in a very orderly manner. A meeting of Radical Reformers, male and female, anonymously convened, was held in the Musir-room, Wakefield, last Monday evening, to form " a Branch of the great Northern Radical Union, recommended by Henry Hunt, Esq." Mr. Pearson, from Sheffield, presided, and Messrs. Mans and Mason. of Laal&fil• dressed the meeting, strongly recommending itilrbb ject to the favourable consideration of the assembly. 61 The meeting," says the Wakefield Journal, 64 was pretty numerously attended, but it did not appear to excite much interest in the town." A number of re solutions were proposed and adopted' unanimously, the gist of which was—That a Branch of the great Northern Union shall be formed at Wakefield—That the members shall subscribe a penny a week towards a fund to obtain the return of 61 just and honest repre sentatives to Parliament."—That the members of the Union shall form themselves into sections consisting of twenty-one each, out of which number a " Trust,- man" shall be appointed to collect the subscriptirtas, which when paid, are to be deposited in the hands of a " Centurion," and ultimately paid to the general Treasurer, Sir Charles Wollesley, Bart. COURT OF C031.510.N PLEAS, DUBLIN, Nov. 9' CUTIIBERT v. BROWNE. The Court gave judgment on the demurrer setup, in this case, by defendant's Counsel. It will be recollected, that this was a special action for deceit. The allegation contained eleven counts, and the defendant had demurred to the first five. The remaining six which were for slan der be 'notified.— In pronouncing judgment yesterda , Lorj Norbury spoke at considerable length , dwe ling m eh on the cases which had been cited by the .ff erent !AMNIA at the bearing of the argument on tlsg e - demurier, during the sittings of last Term. " I was quite captivated," said his Lordship. " by the eloquence of Mr Sequent Joy, who 4ressed up this sin so religiously, that tte author of sin could hardly recognise it for his own. The Learned Serjeant argued most poetically on the subject. One would have Imagised that the Miry! griefs and virtues would have made a ' holiday Is Heaven ;' however. I am not prepared to argueagiiast poetry. She sat like ' Patience on a snosunsest; smiling at the griefofher husband ; and the defend's; it seems, thought he had nothing to do but laugh at them both." His Lordship then gave it his judgment, that thPb mnrrer could not be admitted. Judge FLITCHIR fully concurred is the opinion pro nounced by Lord NORIBURT. 1 Judge Moons followed ; his Lordship coincided with Lord Noasuar and Judge FLIMSIER. ' The demurrer was then overruled, and the trial > will proceed of course. A tumult took place at a Theatre in Paris, on Wed nesday night last, in consequence of the omission of a passage in The Marriage of Figaro. The 'passage was the definition of State policy; and is as follows: — To feign ignorance of what one knows; to pretend knowledge of what one is ignorant ; to attend to • what one dues not comprehend ; never to listen to what one does understand ; to affect power beyond one's means ; to be often making a great mystery of concealment where there is nothing to conceal ; to abut one's self up, to mend pens, mid to appear profound, when, is fact, one only thinks one's thinking ; tn dietribute spies and pension traitors ; to open seals, to interospt letters, and to endeavour to dignify the poverty of ore's means by the importance of owes objects; let me die, if this is not the whole art of Statepolicy eeel l eti. the half of nothing. to suppaing inn I " So o th les it i b is y th th e e iti e r7! a r t e ld a t e h t e e sch r o k o a l n i g n i st il itu .si tio e !t e o • r l s sa Pa lfo r t r tket l another," a person may become entitled—to what? T We suspect a good many exeltentres of Newspap ers m take place before a single done lion be received. B r 4 " lath of theßalea the an funds d Orders of the S3elety. very eevsN. we are told " Th a i * 4 mien to inerease TAOCOUS agreement has been entered into with p the - ro. prletors of The Traveller Daily F.vening New • si"Per. fo obtaining certain large donations therefrom." i.e. I.t es t. Colonel Torrens, as Chairman at the Meetings at the F ite . mason's Tavern has entered into a very ad vantageoes mom. meat with Lieut.-Colonel Torrens, as Proprietor of TA, Traveller, for obtaining certain large donations therefrom . Certain or uncertain. they might as well have been aetfni Secrets don't look well. especially where the Poor are co 3. awned. By the 14th of the Rules end Orders we ere in. formed, " 77sal emit individual Member, so long a s h e may continue in the business elf an hotel, tavern, ese e ,.. house, innkeeper, or licensed victualler, shall daily laic in the said Newspaper, or pay an animal snbseriptiu sf two rause to the Society ; and any Member quitting big. aces and wishing to remain a Member, must either taw, the said Newspaper, or pay au anneal snburipti ft cf one guinea." This is a clincher! this shews the woldes s l advantages of the institution ! A man may have been Member for fifty years, may have " changed one piper y et another," or may have subscribed his two guineas nervily during all that period, and yet, quitting the basiaat amid being able to take in the said Newspaper or pay his one guinea a-year, he loses the benefit of a fifty years sabstrip. lion ! Temptation indeed ! But the ibtit of the Rolm sad Orders is so fair; so straight-forward business like way of doing things, that the most fastidious must feel lathier!, " That to prevent any nsseeze arising as to the somber of Newspapers taken lie or ordered by the Society, every Member shall give his order for the Newspaper t. tie SACRATART, who shall transmit it to the Newest, by wnox it shall be registered, and then tram/breed te retail Newsreader, to be supplied to the Members," i.e. blister Gardner as clerk, publisher, book-keeper, news collector, advertisement-seeker. Caleb Quote's, master sad man, one of " the boys for getting on," in short, fag gang or fag extraordinary to The Traveller, receives as order as Secretary to the Benevolent Society, transmits It Is Mister Gardner or to Mister Gardner's son, assistant tig, then Mister Gardner, or Mister Gardner's son registers it, and carries it to the retail Newsvender. Appearances hers are all well supported. It would not have looked well Is make it known that Mister Gardner, the Secretary to the Benevolent Society, had any connexion with The Traulks, Better address him at the Freemasons' Tavern, where le only calls, than to the Traveller Office where he might ism moldy be found, and where he would receive letters six hours sooner than at the Freemasons' Tavern. The ifith of the Rules and Orders perhaps give allege information than the Uent.-Colonel intended, " Thetas Society shall sot dissolve their connexion with the said Traveller Newspaper or give its patronage to any ether, so long as it shall be regularly published." We did Mt es actly know that it was in such a state as to raise a toile about its being regularly published. The falling into a decline or dropping off suddenly, would leave the Members of the Society in a little hit of a dilemma, just when some Use poor Momboonsruo about to claim the heads of their charity. In this eve* what would bromine of SS IMAM • • The 18th of the Rules and Orders says, " Mat **pram shall become entitled to any relief front the Fund:4lli Society until he shall have been a Member for the spin LI THRZA TZARS AT TUE LAAST Is any comment neestouy. The money actually and annually paid by a Subscribe, to become and continue a Member, together with the Wrest thereon, will equal, if not exceed, as far as we cab WNW, the poor pittance that any poor Member might Imps* derive, even were every thing to move forward in sant line. The 19th of the Rules and Orders names the rate of slim antes to the sick Members ;—" 110 ease the Funds IMO be adequate thereto !! ! a great many persons will reeks their allowances ! • The 20th, 21st, and 22d unimportant. The 23d is amazingly condescending. It grants dm prl ',liege to any one of purchasing the honour of becoming as honorary Member. It is only outdone by the 24th, "With very kind and aecommodatiog to the Ladies. It silevstkan to vote by proxy. The elderly ladies no doubt will led obliged for this considerate provision for the infinnitind age, and the young ladies will avoid the risk of getting ktle . bad company. 23th unimportant. The 96th of the Rules and Orders provides for a Wool Establishment. But to participate i n the benc h of tlii‘ the SocteTv must contribute One Thousand Pounds, vpi then the-half Of the income of the Society, i.e. the laird the donations in the air, are to be appropriated for tin sew purpose. Now, suppose the Society contribute For r Five Hundred Pounds, or suppose Nine Hundred slt Nioety-nine Pawed* Nineteen Sbilliags and Elites lists Three Farthings, what becOmes of the School Eetaill* meat; or what is or more conseq uence . what beagles et the Niue Hundred and Ninety-nine Pounds. Ike. The Liesle Geleael of course cannot pocket it, he could not thisli# snob a thing. besides he don't want it, or any pars of N. With_leally person this might be the object Is regal g esm of money by contributions, but nobody on ninon it to be the ease with the Lieut.-Colonel. Thelefth Of the Rules and Orders' says, "01.1,11_,egtg re the Soddy shalt at nay tine hereafter cowhide a all to dissolve, and deteradne the Rules. Orders sad &Pm . lions ther•of—the* the amount q f the testriestiess from the said *lsomer for the last rusts rases , "9" User with the raorsarr reran) sr rye wool is Os said school. aid the patronage Merle . 6.111 ! come the raeram elf the then Paoreunwes itivw 11" said NNlniPAPSll."—There shall be n o scramble for mossy is ease of a dissolution of partnership. Tke U estt. " 0 "WA. i• e. The Traveller. must have all. 1 119 M ir Rule and Order the faestenantbilrAesel bolll9ll ud ihe heads of the memberela I tri b ig irith is. Dr.' I make a general sweep, ac • ear et-Coloael had Moro saes makes feels wise. what it was to be left ft bad knows d what 9 was to be deserted kelp . sad " once be har es , and ever more beguiling." with chains of 'demet his new backers and patrols. lASI. though not least, comes the iffith Odle Roles 11144 Orders. By this it is enacted —That are part eithe r i ", l acenatif to the Society frogs the said NtersPAPEN, 41" anal thstmeriptlOlSS or otherwise. 866 U become air Wal l or PA rims. according to the Rules dif the Seidl. I L ./ giter the expiration of m ass reAsts from the lervi ee P r of thereqf ; mod in the wean nese. suck Funds. afte r d e L l all necessary sad ineldestal expeases• dim. be 88.1 r seesaw/ate, and nes ram scar ruins ' age gint rir Tait soelsrr !NALL DUFINd roliaeln IS an OA P PRIATSD FUND! L I , 4 , r Of el isa of AN OV4 ear eb• 10 , 1 bal ado