The Statesman. — London, England, 1822-02-18 00:00:00

~~. AP: Liir mrstLIGIMCS.,,, i CURT OF KING'S BENCH, Vitriol:area, Fu.l6. TEMPLER P. MITRES. This was an action by the endorsed against the as eerier of a bill of exchange, dated at Newcastle me the 3d of February, 1821, by which the drawer re • ,quested the defeadant, two months after its date, te pay to Messrs. Sykes and Ce. bankers, London, the sum of 112/. The bill was accepted generally. but the plan of payment was thus made part of the request of the drawer by whom it was subsequently accepted. It was prind that the drawer, for abase accommodation the bill 'us made. remitted to the bankers mentioned In its body, before it became dee, feeds sulicint 'pay it; bet Jading it ass sot presented, he withdrew ',hose finds from their hands. Payment, in fact, was net demanded till a month after the bill became due, • whoa then were no effects in the possession of the bankers. Mr. 'TINDALL now contended that the acceptor was discharged by the beta of the bolder. It was, in deed. solemnly tinkled, that where a place of payment is specially mentioned in tSe eeerptimee only, no proof of presentment or notice of dishonour is requisite to charge the acceptor. Bet here the place of payment was pan of the original contract; a circumstance ''which brought the cue precisely within the printiple of the cons of " Sanderson v. Bowes," 14 East. 500, sod " Roche s. Campbell," 3 Campbell, 247; in which it is decided. that if a promissory note be made payable in the body at a specified place, it mast be elnly repeated there, though the cue is otherwise if the rape is only specified is a memorandum at the foot. when it forms so part of the instrument. Be sides, here the damage to the acceptor was not matter of possible specelatioa, but of actual proof; for bad the bill been presented is time. it would have been paid. The LERD JUSTICE intimated a decided opi nion that neither presentment Nor notice was made obligatory oa the bolder by the words Inserted in the bill. He, however, gene Mr. Tindall lean to move for the 'Erg* a Posta on the point, if, on consider ation, be should think there was any chance of sae ens, sad directed a verdict for the plaintiff, with 971. damages. HORSE C. PETERSON. Mr. Camel °posed the pleadings in this cause. The plaistif, is his declaration, complained that the deka:kat' bad *pokes words charging him with ern be:sling bis esoales to the amount of several bucked potted', modals° sewing him of particular Mateo. of fraud, in having received monks from Sir Gofer Heeler and Lady Iffitinay, for which be ar counted. The defendant pleaded that be was not , guilty, sod also pa/tilled by a plea, which, though it professed to apply to the whole of the words, only charged Dee act of embesslemeat respecting 21. Ye.. received *Oa Ladyliildasay. It. °MENET stated the circumstances of the case to t jury. it appeared from hls opealeg, and also Mom the *Adam of the witne's's. that the parties Were related by nenniage, and bad both lived is the aersiec the Earl of Besberough, the plaistiff as groom or ostler, and the defendant as steward. Abate nine years ago, Peterson, whe is a Russian, and im ?trimly acquainted with the English language, took • livery-stables in Oxford-street, and agreed with the plaintiff to manage them for him, authorising him to receive gooney and to conduct all' the affairs of the trade. Horne, therefore, left the service of Lord hksborwagi, in which the defendant tonelnued, and managed the business until about.* year ago, wheel Petema um& harsh imagnage to. Mtn respecting the mode is which a horse bad been ridden by a customer, at which be took tame, gave trarning, and finally quitted the service. After this. the defendant made the charge against him to a Mr. Reynolds, a book seller, in Oxford-semi, and repeeted the 'causation in the bearing of one of his postilions. It was fur ther kited by Mi. flunky, In his opening, that after this action was brought, the defendant preferred an indicrekat for the imputed fraud against the plaintiff, on which be was tried at the Old Bailey, and acquit. ted en the cross-examinatioe of the pet:Mentor; to which it was answered by Mr. ADOLPNUS, that the aemtittal was occasioned by the confusion of the de fendant, who is an *ld man and • foreigner ; but there was no proof of either of these assertions of the d counsel, and the'Loan Collor derma directed the jury to dismiss thane entirely from their minds. On the part of the dafeodant. Mr. ADOLPUUS offer ed to prove that various sums were received by Mr. Home, in the comer of his employment, fir which he never accounted to his master: But the Lean Cuter JUSTUS was of opinion that the defendant, by the terms of his pies, could only give evidence of the specific transaction alleged re specting Laxly Mildinay, because the plaintiff could only be prepared to disprove this individual charge, and was not to be surprised by new accusations on the trial. '1 be 1 d Counsel, therefore, addressed the Jury. ea the defendant's case, but did not call any witnesses. The LORD Cuter JUSTICE, in his charge, ob d, that as the words were not proved to be true, they must be treated as false, and that the plaintiff was clearly entitled to a verdict; but that the Jury would follow a recommendation which be shears offered in f this kind—to be temperate is estimating the damages. The Jury found a verdict for theplaintiff—Damages loot' COURT OF COMMON PLEAS, Fm.lt Billings at Westminster before the Cuter Jurrics and Common Juries. •OLDINO C. NHYU. Mr. Serjeast l'af.t. stated that this was an action tronght by the indorser of a bill of exchange against the acceptor, to recover 161 L 31 6d. being the amount of the bill. The Learned Serjeant having called a witness, who proved the acceptance and Indorsement, said that he bad closed his ease. Mr. Setjeant VAIiGIIAN, for the defendant, then ad• dressed the Jury. His Learned Brother had coast/tied himself, as seas usual in actions on bills of exchange, with proving a prime facie case, by shewing the se mi Indorsement under which the plaintiff The circumstances of this case were pecu tisfeadant expected to be able to strew that this claim coeld not be supported • was a wine merchant, end had accepted Ibis bill firs &Masi frosiblui to 01111Prelistt, was engaged is the same helmets. Probst; bad is dorsed the bill to William Hiidiot, tie brother enbe plaistiff, (likewise s wise -merchant). together with several others, just after he bad committed as act of bankreptoy. William Probatt subsequently indorsed the bill to his brother, and bad shoe become bank rupt himself. Prelates assignees bad maintained as action against the present defendant los this bill, and bad recovered the amount from him ; and all the cir cumstances, therefore, be submitted there mast be a verdict'for the defendant. Mr. Duke, managing clerk to Messrs. Waimea sad Co. solicitors, put in a record from the Court of Kist's Bench, by whist's it appeared that Saamiersos and another, assigams of Probatt, a bankrupt, had reco vered 161 f. 3s. 6d. against the present defendant, in as action for goods sold and delivered, and on au access' stated together with their costs, 'sc." He was tires required to predate the proceedings seder Probates bankruptcy, to which he objected. sot for the purpose of throwing any impediment is the way of either party, but merely to protect the interest of the as si gases. Mr Serjeant Vsuonax submitted that the record and judgment was saal is their favour, and that their l ip t t could not be affected by the production of the proceedings. Mr. Serjeant PILL contended that the production of these proceedings might be very hurtful to the la terests of Probatt's assignees, for if they wee, Ow dated, be (the Learned Serjeant) should feel it Isis duty to canvass them very minutely, and, if poadik, to overthrow the commission, and thus render dime gentlemen liable to various actions, as !mein weari fully and illegally assumed the character of assignees. • Lord Chief Justice DALLAS said, that although the Learned Serjeants had been acting irregularly in sr going the question, the objection being taken by the party himself, yet he was glad it had been argued ; for enough appeared to chew that the production of these proceedings might be very detrimental to the lo terms of the assignees. He should, therefore, refuse to compel the witness to produce them, hut would re serve the point fir the consideration of the Court. A considerable body of evidence was then . adduced. to prove by implication, that the verdict recovered was fur the amount of this bill. Probed. the bankrupt, was then called, who swore that when about to become a bankrupt, he had gives this bill, together with several others, to Wm. Hold ing, to protect himself, and that Wm. Holding had given him no consideration for the bill. On cross examination. he stated, that two years had elapsed since his first imprisonment in the King's Bench, for debt—that a few months after he went there, be was sent for Italia year to Brixton Gaol, having bee., as he ',stria, falsely convicted of stealing mosey out of a till. The case for the defendant being closed, Wm. Holding was called in reply by the plaintiff: - be deposed that on the Ist of October, 1818, lis.bro ther (the plaintiff) came to him as a 'cleric, nailer a verbal agreement to receive 2001.njes, inirsere 'bat witness having at the end of thi s first year of his brother's service only paid him 251., this bill was es dorsed to bim for a part of the salary then due. Mr. Serjeant VAUGHAN commented en the evidences observing, that he bad tainted theeonsideration or Ai bill, and that the plaintiff had entirely (ailkmpseeving• himself to be entitled to a verdict. ' • Mr. Strjeant Pair. contended, that 1,4' LArneal brother was mistaken in saying that the plaintiff bad failed, fur who was there that would not sooner believe the testimony of W. Holding, than that of one, who. on his own shewing, was a convicted felon? lie ob served on the improbability of the plaintiff's having ever paid the bill, as it was contrary to all rules of business, as well as law, to permit a bill, which had been satisfied by the acceptor, to remain in the bands of the indorsee. Lord Chief Justice DALLAS summed up the evidence with great impartiality, and tbe Jury, after a quarter of an hour's deliberation, returned a verdict fur the defendant. COURT OF SESSION SCOTLAND.-FIRST DIVISION. -.Ow- - ROMAN CATHOLICS. RAILLIR *MD *TRIMS O. MORRISON. On Tuesday the Court decided a ease of some im portance, and of considerable siegulailty at the present time. Mr. Fraser, of Loam, 'crams of various parishes in laterite's-shire. Me is a minor and abroad. Be fore his departure he executed a commission, with can not of his elicitors, le favour of a protestant gentle. man, empowering ads cemmissioner, inter alia, to pre sent to church Heir's, in case of vacancies during Lovat's absence. Au opening happened in the parish of Kiltarlity, and the commissioner presented. The Presbytery received the preseetatlon, and were pro ceeding as the intimation of the presentee, when cer tain parishioostanpplied-ferd Banner ItilirMetinfthe plea that the pneumatic.o was substantially Lovat's presentation, sad that Lovat "is a Papist, sad ex cluded, byelaw°, from presenting to parish churches unless he purged himself of Popery, by taking the formula prescribed by the Acr 1700 ch. 3." Various proceedings followed, and the Court having considered the case on memorials, directed a pleading by counsel for The report of the Lord Probationer, as part of his trials for . :tdmission: The case was accord ingly decided in this form. The Commissioner for Levat objected, lat. to the competency of the action in the shape it nas'brottgbt; My, to the title of the cemplainers--contendieg, that the parishioners, haring no right to the patron age themselves, had consequently no title to distarb tbe exercise of that patronage in a country where midsr actions are not admitted; and, Illy, it was objected to the entire substance of the compialiers' plea, inasmuch as the act of Queen Ann against Pa pists strikes only at the case of a presentation "signed by the Catholic patron," which this was not'; and Is in the case of the patron's refaial to take the formula, " the same being tendered to him by a Magistrate," which had nothappeited here. It was maintained, that here wasat'peserdhqealification, and diet reitthrers cannot be emended beyond their very letter, eiditif It wire expedient tb refire the old and expiriug penalties Whist his Majesty's Catholic sub leas, at this period if 'time. • ' 'on thelother parishioners, Ist, defended the eenipetenay dad" tigelant) preitidlikler I wily, they insisted that. merely a parisbloaera, wen *milled to latertere;Whigs the a do,. 4 spirltital are Was la% duager ;" ad 3417. ataHa st iarg they amended. that the patron gone. circuitously and untialably. !eq. do, ' Width it wit Aisitted that he meld bit do diffidl 'the legal di aalik.tioi applied. ' Thit Coofit on a fun lack sestaleed the ramp. ;anti of the process; but (with ibe single direntint `voice of Lord Smooth) they feud tint the eappillo lag parribleaen bad so tide I, iMiden is a matter et civil tight, Is which they bed at; patrimnial la teens whatever; that the statute of Que. Ames . gave Ale right of peonage te the Crewe. la the 'neat of a forfeiture of Its exercise le impel of the religin of Its riper patron; and that mere parishioners, however entitled to complain t• a Presbytery *a the score of a ssieister's relmomiact or sadness. lave me title to dispute the gentles of patronage in a dell Court. This &dein misdeal it unnecessary. mit indeed lanutpetent, so decide** titeobjection feuded' on the statute. /AMU annoy, MK v. CM WILLIAM BAR AND WIIIIIIS. I A petitioa bevies bees massed for the defenders in this males against the WierWSW, of Lord Alla. way, remitting the came to the Jury Court, the Same was advised by the Court, with auwers for Mr. Gib son, when theic Lordships reflood the petition as in competwai. nemem COURT OF KING'S GRECO, Maus, Fan. I. DANK!. COWMAN, UQ. PLAIINTIFI P. small. LI. COMMIS LIIVIANCI COWFAXT. la this Ma affiloation was made to the Court to set aside a verdict for 1,5001. obtained spied the defeadaats at the last u7ises et Cork. The origin - sal sedesmu brought to recover the shave mamas of policy of assurance, effected •D the life of tiro Rev. Stephea Doalevie, sad the pleas of the defendants were—let. That the said S.•Dosilevie was not as insurable lift; sad idly; a want of laterest in the phastit Is glvieg evidence ea the first of them poises at the trial, it was confuted by the Cosesel for the Aesnraace Company, that the practice of the Court, which is`tht law of the Court, was lefriaged open and violated; at.the Learned Judge permitted the plaintiff to go into a second line of 'ridges, bakes the primary case closes'. Part o f the evidenniie mastitis the fact, that Stephen Donk. vie was al IlMecable life at the time of effectine said Asestuneit; Was gives In before, and part after the avid alt of the delendsets to establish she contrary imftimi. It was ineambeat oe the plaintiff he Wilily to the plea Nil debut, to piss* on the teed if his declaratlea every thing material, and to iftletantiate fully and in detail, each aver. meat of the declaration. he support of this view. i'ldd's Practice was cited. 211 Snaky, Rees and 'The sewed grosod ea which a new trial was sought for wee, the misdirection is the charge of 'tig_Leaumd Jeep, who would net permit the Rug. 11411-Aist. 14'Parliameeteif the 14th Geo. 111. c. 48. to go as @iridium to thsf Jay. A copy of this Act Was produced at the trio! by defeadaat's Counsel. The introdeadoa of it was that resisted by Counsel for the .pielietiff, trio hesisted; Milo although the Seal of the, Corporation was &Axed is Loudon, yet the oammsalettloa of the usenet did net take place until the delivery of the policy sod payment of the pritudam, which having bees admitted by the de. Almeduts to have been is the city of Cork, that. therefore, it was as Irish coutract, aid net subject to the clauses of as Rein& Act of Parliament. lit the application for a mew trial, it was stated to the Court, that they only claimed the Work of the Act of Parliament as evidence, which bad to studs a material part of their cue. Prom the admissies that sloe Seal of the Corporation was affixed thereto in London, it was evident that the contract .ttas made with reference to the English Act of Par liament, and that Aet was material for the defend. eats to adduce in evidence, to 'thew the violation of the artriemeata of the contract oa the part of the plaintiff. After a long discussion, and a display of mach ingenuity on both sides, the Curt was ananimusly of opinion that the Eaglish Act of Parliament should have hoes admitted at oviduct, on the trial, and was pleased accordingly to eat aside the verdict, aid great the application for a new trial. -b.) d e ilul ter a belie erne try, with tae ease Intent: • The two defendants hid already ernigtate4, ime (Robin's) to Ghost, and the other to 'ushe r p an of the Notherlastie. wheal they retained a short tick ekes to Stockport. as fetch their wives it'd ehrii t 6 . Birch followed them. however. to Loaden, as ti i were on their way bash to the Netherlands, as d te a k theta into easterly. ander a warrant front a Mid.fi na Magistrate. The 'Wendish' did Dot attempt to deny that they bad been and were going again to the Nether!soda t o work at their trade, hat they were samscioes of doing wrong. Mr. Mtwoutru. said be should sot investigate th e twitter, although the statute gave him pewit to Ile as, bet should mid Shom beck to Stockport, wh o , he ►ad se doubt the Magistrates would do them eg e g jostles. Boluses wood my indignant at his arrest, aid NM be thought it very ►ard that a man was sot to h. jobreilited to do the hest be could for himself alit Mr. Mtwatavt.t. said It certainly did seem hard is. dlvi sally, bat if the praetice were permitted, it rac IN doe throw thousauds of his fellow-ortizaus oat et employment, and Imam eventually a national `rive• sees. Men like him ought to know that, and to ea. older what evils they were preparing for a fatare de. aeration. la order that they might aot again pl e d lemma, he woold have the Act of Parliament rod to t►em. This was done by one of the clerks, and the d e ka. sots were then delivered over to Birch, to in coneyed to Stockport. Harrox-Oaavate.--Setnrday E. Oldstoek, n.,. !Alight, and Moo. Lloyd, Jon rneymea bakers, is he employ of Howe. a cheep baker, in Picket-stnet, Temple-bar, were brought ep on a warrant, in the custody of a large posse of officers and timetables, then separate charges of assaulting and beating Joke Biers, Wm. Thlselten, and Wm. Brown Edwards, whoa in the executioa of their duty. loforrestin being rice. on oath at this office, that a qaaathy of pearlasb, sal ammoniac, or alum, were oo the peemirto of Howe, a warrant was issued, and Thiseina hill 24 . wards, accompanied by Biers, were ispietsd Ist t in execution. On their en•eriag the Asp, Me trap door which opened into the bakehouse ben; oyes Biers and Tbiselton descended, Edwards remaisiegit the shop: the *loran wee given from the shop to tie three prisoners, who were at work in the bakebeete, the dap of the tray was iestaetly eland, and the ligio extinguished, when the prisoner Oldstock knocked down Biers, and attempted to 'teases him. Thiene went to his assistance, and was hooked down by he prisoner Lloyd. and whilst the four were engaged, Height struck Thiselton on the back of the neck. Tie noise of the male brought Edwards to their assim sues, when be was also ft socked down. The printer Oldstock armed himself with a heavy into poker. aid =sok a blow at ern of the officers. but was happily revealed from striking. The prisoners wen tow witted. with orders to give 24 boors notice of bail. On Thursday night sense thieves broke isle tie Qeses's Head public-house, sad carried off sash sad plate to the amount of 2001. One carious circamstaace encoded the above robbery ; the landlady bad, by way of security. placed a bag, containiag a qesatity of silver. betweee two beds for safety, which the rob bers thought fit to remove. Wears, ea.—With the few exceptions stated below,this week has been uncommonly fine for the season. The weather has not only been remarkably mild. but several of the days have been brilliant. The quantity of rain fallen since this day ae'nnight is only 15 hundredths of an inch. Strand, Feb. 16. TH NNNNN Writ. 8 i 1 11 gaaorrrn. o'clock.' o'clock. at night Feb. I----, Ilk b.... 47 63 48 ' 29,83 Fair It, M.... 41 47 46 30.07 Fair 11, T.... 38 42 39 46 Foggy 13, W.... 38 60 43 ,I 6 Fair 14, Th.... 43 46 41 ,12 Closely 13, F..... 41 63 47 ,14 Fel, 16, 14.... 39 46 — ,46 Fair THE SPECTRE BARBER! Or, SLEEP WALKER. Two Travellers chatted at an ion to alight, 10 BOOTS one array'd. like two mirrors so bright, By Wsaiart's Roe Jet, of unparallerd hoe, Reflecting minutely each object to view.— The other a Yeoman, who never till now His image had seen to a Boot. sad the Atm The vision came there--what it was—and from whence, Were questions to solve that distracted each sense. So Hedge went to bed—and, the Jet.iodgieg Sprit* To keep Prom his room, beret a taper all night The bell had told one, and the light it burnt blue, Whet, glided athwart the apartment and drew The Ironton's bed-curtains, a Spectre—that seem'd The ghost of a barber,—ln one hand there gleam ti A razor aid soap-hoz,--as if in pursuit Of custom,—We other sestain'd a bright Boor ! " The Sprite of the Jet!" cried the Yeoman dlsstYl lu tonsorahip skill while the Phantom display'd, And Hodge's shock head, of exuberant hair, And black stubble beard, where shore barren sad bare. Thotoi stifled tiorber iheo posed frogs the room And Hodge, now inrote'd in deipondeney's gloom. Appruaeled the bright Ileac by the Spectre there kit, Where skiving his pate of its honors bereft, In wrath sought the Amateur great, aoappaird, And saw that his bead, like his own, was quite bee •• How's Oast HIM TUE DEVIL DEL% SRLIING 115 WASTE. V' ITe asked—when the Landlord explain'd the disaster: A WAITER TRY &CT MID PEEPOIIII'D IN lIIS SLEW-. Then anger subsided, and mirth was sot lacking, Creative of incident still while they keep Their zenith, the visions of W ''s Jet illaelting. This Easy Shining and Brilliant AL ACK I :44 1, is Prepared by ROBERT W %/MEN, 30, STRAND, LONDON; end sold in every Town is the kingdom. LIQLID. in Bottles, 6d. Md. ltd. end ISd. each. Also PASTIL BLACKING. in Pots, 6d. ltd. and 181. each. S. Steil• ling Put of Paste is Kind to Your Is. Bottles of Liquid. Ask for W 's BLACKING. OtED. On Ritnrilay last. Wu. shrob,ole Cunlire, son of Mr. R. Coslife, Pirk-otreet, blington. London : Edited, Printed, and Published at the Ogee '• To a 8-taeirr are" and Toe CONSTITUTION"(SSIIAS • rte. Pa P" ) •*l 4 lß °. la 4. gonad. epposit. a. Closest CM by R. WARDLIGJA.R..b whom Contoesiritio" Orders, dic. aro revisal* 1 to be ail:reseal. -...1 , , 1t; ,1 i 1 I ios . et piance sod claimed. Tb t liar, mad the by P•idt.ClP 16e dr&adan ". f = • -- • they worn bro il e Nll 4 lg r ghill ates?ao.th. . , Were lc It she 'Magistrail,isy ifticitiort constable, 04' 4 NAd'giitd.s this Mario?. 'nod coonoosicatiii tithe .sacress of thole Ira& to fiwsigooti„ contrary. p, th t F. Wei Slime of else SA Ilse. I. cap. *7. Tlity, 46 firtlin charged with ignia atria to titpes t,„ P- POLICE. GulLDltii.t..—Saturday, three Men. named Cochran, 'taloa'', cud Csrk, were brought ap on a charge of having stolen a bale of muslin, the property of bi Bach and Co. Manchester carriers. It appeared, from the evidence adduced for the pro secutioa, that Mr. Bich is a carrier of g oods from Manchester to London, and has extensive warehouses is Moor-lane, and at Paddington. The prisoner, Cockesse,aras guard to the VI Big pi a, of which Atkin soe was the driver, and hark was a porter employed about the premises in Moor-lane. On the 26th of De cember, two bales of goods marked L. J. 9, and L. J 10, were received at Moor-lane, from Manchester, and in a few days after, when the time of the delivery ar rived, that marked L. J. 10, was missed. Every effort was made to trace the goods, but without success, and all hopes were gives up of detecting the robbers, until the 24th of J y, when information was received that a quantity of muslin, were on sale at a private house in Tenter -street, Moor6elds. Dawkins. the Marshalcies, west to the spot, accompanied by a brother officer, sad found a quantity of muslin, which was identified as a part of the property stolen, and a number of duplicates of muslin. pledged were Wont' upon the woman of the house, a widow, named Su sannah Smith, who was taken in custody, and from the statement she made, the apprehension of Cochran, At kinson, and Smith, soon followed. Tire three were confidentially employed about the warehouse, of which they were entrusted with the keys, and had carted away goods during the week. Mrs. Smith gave evi dent* against them, and stated that she had received the goods from the three prisoners (through the agency of her brother, .sities leas a pawnbroker oat of place), and any. were pall 7W. for Wks, which sum they divided. Mrs. Sisittils testinserei'ves corrobo rated by that of Mother witting's, aid the three prisoners were fa y mittad fur trial. Mrs. Smith *Recommitted teriirlife to give evidence. • Beirmoncsr.-.-91aitigay, two men, named Skew sad itoListscot i 'iltdieuis lu ins smoking weaving ma- r ~~. +Mir ■ • N ~ ~- C pill Log the 3 al ' R