The British Press; or, Morning Literary Advertiser. — London, England, 1804-11-30 00:00:00

LAW. 101:RT OF KING's BENCH, W g4II4 , IIISTEN, Nmr. Sittings Wire Lord ELLEN no aouon. i Lot ° soRTHwicK. MARY STANWAY. T is was an anion on the case, to recover a fine a r4 the admission ofila tenant to :t part of the an cient copyhold premix-, of the Min' r of Harrow. The Defendant had occupied a house and pre miss on Harrow Weild Common, formerly known by Tie name of the Old Nag's Hiad, which had been a public house, but is now called Harrow Mild Lodge, and is a private dwelling. Some few years back, these premises were greatly improved and extended, so as to take in a small part of the common, which was included ia the old copy. hold estate. According to the custom of the ma nor, a jury was empannelled to assess a fine to be paid to the Plaintiff. as Lord of the Manor, and t hey found a verdis for 201. only, when tie im proved rent was 201. and the Lord of the Manor was entitled to a tine of double the amount of the improved rent. One question, therefore, for the Jury was, whe ther that or any other sum was a sufficient fine for that part of the copyhold premises, on which the Defendant had encroached, and on which the im plored rent bad been assessed ? A vast deal of evidence was gone into on both sides, which is un•!eeessary tolay before our readers. Messrs. GA unlit, Glass, and MARNVIVIT, ori the part of the Plaintiff, contended, that the value was 301. per annum, though the fine assessed Was out 201. For the Defendant. Messrs. EISICINE and Win- Lc It argued, that the premises were over valued at '2Ol. Several legal objeninns were taken hy Mr. ERSKISt. which were over-ruled by the Court; and the last Witnen for the Defendant having admitted, on his cross-examination, that the prem ises in ques tion were worth upwards of floi. ; which agreed, in a great degree, with the evidence t. r the Plaiiitiff, the jury found a verdia of 401 for the Plaintiff. PIKE r. LEDVVEI t.. This was an Action on a Bono conditioned fi it the veinier of St. ck in the three per Cent. consolidated Annuity Funds, be mace on a certain day. To this there was a plea of usury. Mr. Gm's, or he part of .he P►aintiff, who was the administrator Mrs. hlonteterratt, proved the exectitior of the Bond. Mr. ERSKIP C. na the part of the Defendant, en deavoured to slew that this was an usttrions tear• action. The stock to be transtorrrd was 4001. Annuities, which, at the time. according to the marker price, were worth 24.01. tor nhich sum of Itilth or!) had been paid, ar d the transfer was to b 4 made ia the event of - he death of Mrs. Alotneferratt's son, which afterwards happened The learned Counsel, therefore, contended this was an usurious transaflion, in as much as the Defend ant had given a smaller sum for what was Anal./ of much greater value, and had entitled himself to dividends spun a much greater sum than the pur chase, from the date of the obligation ; be ob,erved, if it had been an annuity charge, the case would have been different, as then it would he only a con tingency, and he shnuid be entitled to a much larger rate, in consequence of the uncerttinty of the tenure. Lord Et.t.►v soeot GU suggested to Mr. ER►KINE, star the funds being a fl•tattsssiag pnipertv. Rid a thing in itself uncertain in value, he was apprehee nye the Defendant could not support the plea of usury, whatever he might that of a catching bar sc,tirt, in which opinion Mr. Eassatic haviag coin cided, the jury assessed the damage; at ‘.r.01. movesdov v. iAKEk aid AstrrTllErt. This was an Aebon brought to recover the sum of fn. 12s. 11d. for gnus!' sold And deiiv• r‘.4. It Appearei upon the evidence of Mr. J. F. Nash, who was A cl.a k in the Et,sort Office, that the Plain tiff bad deposited with him A qu.int:ty of canvas at his house in Thant -astr -et, for the convenience of sale: these goods were made up in whAt was wined bolts, containing trout forty to forty three Tat ds eas.b, and weiel.6 or 27 in number. Ttie f)eferd- ant, oli. Defer, the elder, came and purchase.: these goods, which were afterwards sent home. Upon his cross-ezarnination by Mr. 6 c Now, ho and, he had known the Plaintiff, who was his half brother, upwards of fifteen years ; he did not carry On any busuress to his knowledge at present, but was fOrmer!y a clerk to an attorney ; hoatterwards turned hog•leeder, and porsued that profession for scoot years, at an extensive concern, which he oc cupied at Pentonville ; Ix'. did not know any person of the name of Weft ; and never heard that the Plaintiff used the name lit West and Co. in the equrse of 'susiness; he did not kouw where the • , ':itiff procured the canvas, but understood he boogot i . 'lle delivery of the canvas at the Defendant's warehouse was then prov.:d. Samuel 6.igweil rowed, that he went with the Plaintiff to :he Defendant's, who auknowledged the receipt of the canvas, and the sum he was to pay for it. On his cro,s-examination, he said, he had known the Plaintiff for ten years, who had been an irttrialiPt tog-feeder. and :old one of his hog : for • tztraurdinary sum of 13i.; tie understood he WAS Still in that line of heel:less, and never knew or diearnt of his dealing in canvas, or ktoping lofts fir that pure, c. Ile did n.it know an) wen Iwo sons as West and Co. ; a went by mere accietrio and lint intentionally to the Defendant's warehouse, when the latter acknowlee'.::ei the canvas. Mr. Ga ago's', in aaiin the dcfe::ce, observed Mr. Rose, a gentleman muc h interested in this cause, WAS an cmine,a sail and canvas manufaeurer, re siding at Briiip ot, and received a large order from Messrs. Wes: and Co. for canvas, hut being a little swore circurnspeet than Cie generality of men in that uadts he took ca:e to make enquiry, who this Com p...y were, and while he sent the goods up billby aiso sent a letter by post, enclosing a for them ; when application was made at the house of Messrs. West and Co. the doors were shut up, there was no one to answer, and the only way they were to know of the existence of such a firm, was by the name on the door posts; t e Notary was the next visitor, which, wised these gentlemen uncovered, they wrote a letter to Mr. Rose, stat- Sois that the Bill was sent a ft er office hours , whets their cierks wet e absent ; they expressed them selves sorry for the incoeveniei.ce which tee:: Occur, and begged leave to inclose their promissory • •• • note, payable at seven days sight, which they hoped would answer every purpose; but Mr. Rose, not liking this proposal, sent positive direaions to thy wharfinger not to deliver the goods to Messrs. West and Co. on any account. However, they were before hand w:th him, for they irnposM upon t!.e master of the ve,sel before he arrived at the wharf, and persuaded him to deliver up t:!, goods to them. His case, therefore, he said, wit • that the Plaintiff, Mountjoy, was actually one of the party of West and Compau.y Upon what au thority he made this observation, he contended, was, the evidence of the witnesses who had been, and the others who would be produced. The fur ther defence he relied on was, that, in order to reco ver, a joint contraft on the part of the Defendants must be proved, of which there was no evidence. He also understood it would be proved, that one Of the Defendants, Mr. Baker the younger, was a minor, not vet twenty-one years old, and had no share whatever in the businYss, except occa sionally transafling it for his lather; but he did not mean to make this the grounds of his defence, as his clients were honourable men, and above such, their only objeft being to get and keep possession of the goods, in order to have it determined by law, to whcm they fairly belonged. Lord ELLSN BOROUGH suggelitYcl to Mr. CA R that it he could bring evidence to prove this latter part of his statement, there must be an end of the case. Mr. Giles Hanwell was then called: he stated, th it he was brother-in-law to the Defendant, Mr. Baiter the elder, who was a respeCtable and exten sive sail-maker ; he knew his son, the other Deiend ant, perfettly well ; he was not of age, nor was he a partner or sharer in the business in any way what nver, except sornetirnes assisting hi, lather, and. he hover knew of any firm of Baker and Son. The Plaintiff was accor dingl y tionsuila CLARKE CoURTIMLY. 1 his was an aeli,,n upon a Bill of Exchange, the indnrsee against the Draw.r. Mr. Glass, in stating the Plaintiff's case, said that the Defendant was an Officer in His Majesty's Navy, and as he had frequently admitted the Bill, and promised payment, he shoul I not take up the ime of the Court, us mAing any ollietvations, hut proceed to prove the admission and promise ,tfpay mem by the Defendant. Mr. Lyons was then called, who pr-wed these faas. He was cross-examined by Mr. Gaitanw. He stared, that he followed no business ..r present : he had been a linen-draper at Portsmouth, bot had retired trom trade, or, more properly speaking, trade had retired from him. Thi, ras fir •.. notified to the puhhc, by a wherein again,. him. and Le was male a bankrupt He knew tile Oetendant very well. and had many money Lnd bii. trizuaetion, with him He did not receive the hill in qaestaon ft OM the Defendant, for the prir l ine of ge.tirg it liscounred. He did not recoiled having writtr:ii upon the sub. jeel to any one. sit id,as might mare been per plexed at the tim ; he never wrote or said that he would get :t disc iu its l .or a large prem:um, or that he got nn value to it. ile believed h.: might have correspoaded wit., some one cite about it ; be knew Aaron, and b..qieved ate did write to him, but was not quite sure. ..!r Gaitnow then turned down a letter, and spewed niiu the sib at ire, wh.ch he acknowledged to be his writing. He then said, he had not the least &luta hut that he :had written to Aaron on the subje He received tire bill from the Defendant in part payment of a debt which he owed him, consisting of bids paid tor him, .goods, And money lent. •rnis hill he afterwards gave to the Plaintiff, who cashed it for him without charg ing any disc Junt. He did say, that if he were ex amined a; a witness for the Defendant, the Plain off could not recover ; he said so trt'quentiy ; and the teasnn was, that at that c a ne he thought the Plaintiff was in his debt ; but afterwards, upon a settlement, there was a balance agatost him. The level- to Aaron was then iced, which pur ported to be a sort of case or statement of the trans aftion„ whe.e Lyons says, he may be called as a witness by his own assignees, or tor Clarke ; and, in short, appeanng to off..r himself as a witness for or against any of the parties concerned, saying, that if he gave a receipt in tuli, in the names of his as signees, it might bar Plaintiff's demand, or, if he should be examined on the poi of the Drfendant, the Plaintiff weld ;lot succeed. Mr. G anon . . in his defence, contended, that Clarke, the Plaintiff, had no right to recover this debt against Mr. Courtney, as it plainly appeared he never received arty value for it. He then com mented at great length, and much ability, upon the letter, which was completely contradietory of all the faas swim to hy the witness Lyons.. Mr. Aaron, a Jew attorney, of Portsmouth, swore, that he had several communications with Lyons on the subjeCt cf this bill, who said, he had several bills of the Defendants, who owed him nothing; and that be nad various bills from the Defendant for the purpose of discount; he said, he had two bills, one which was the one in crestion, given him by his assignees, upon which he intended to arrest Mr. Couithcy. Mr. Palmer, the Plaintiff's attorney, proved, he had had this bill in his possession upwards of a year. Lord Et.r.tesotot; on, in summing up the evi dence, observed to the slut y, that the whole of the faits of Plaintiff's case had been proved by the wit ness, Lyons, of whose testimony they were the best judges. If they did not think this witness deer ring of credit, the case was stripped of any evidence ; and, according to the tenor of his letter, offering himself a willing witness at either side, he did not well see how they could believe him. His Lordship was interrupted by one of the Jury men, who told him the Jury were perfettly satisfied, as they did nut beleve one word the witness had sworn. - - - - _ . ------- A verdift was, therefore, found for the Defendant. CO ‘i MON PLEAS. &Wags al Nisi Prilai drArc .S.r JAUti NIPPISVIIL D. GOODLIC V. 111 . ./4EIEII. This wa.. an action fora rti‘ancr, br , ught by the Plaiutiff. who kept a cook's shop in Blandf,rd-street, Manchester-square, against the I>rfendant, a tal low.chandler ar.d tallow-melter, who lived neat door to hint. . . Serjeant Barr, in a very aSle manner, stated the ease of the Plaintiff, Ai called . - Owen Edwards,' who iitmrsed, that he lodged in the- 'rinse of the Plaintiff, between January and April last—aaj ;Ap t be perceived a very disagreeable smelt, twice a week ; that he was often awoke out of 'his sleep, .by a rasty smell, which was so had. tit he was obliged to get up and open the window, which sometimes_ telieve4 him; hut often, when th , what blew from A particular point, it ol'.ly made it worse, and obliged him to shut it down again ; that it pro duced sickness in the stomach, and retching; and his wife was atrefted with it, as bad, if not worse, than himself ; and that when he got up id the morn ing, after one of the melting nights, the house w::s full of smoke or steam, which had a very disagreea ble smell, and that altogether the horse was very unpleasant. Martin Odber swore he lodged in the house of the Plaintiff, about six years and a half, and that the stench was not near s , ) bad when he tits% went there, as it bad been lately. Ile often struck a light in his loom, when he was a .vt.ke, but could nor het! the length of his arm !retort him, on act ount of the steam ; and that he had often spoken to the DJend ant about it, who jeered him, and said it was very whole mine. Coverdel had been in the , habit of going to the Plaintiff's house to get his dinner, and had been rni,re than once obliged to rise from his meal, and go out on account of the smell. He had seen other persons do the same, it made them all se deadly sick, and that the Plaintiff had not now so many customers as he had when be first frequented his shop. Sarah Edwards, servant to the Plaintiff, raid, the smell was past bearing, twice a-week ; and that she had often seen her mistress obliged to go into the fields with her children, for the purpose of takirl fresh air. Snore of the people of the neighbourhood were then called, who proved, that they were grea!ly all norca by the Defendant's workshop. William Kitchen, a butcher, who lived opposite to the PhintitT said, that before the Plaintiff came int s the neighbourhood, the landlord 'if the De fendant had come about P.) all the neighbours, and obtained knee from them that the Defendant might carry on the business of a tallow-chandler, bin that he should not melt tallow for his own use, or for the purpose of selling. lie said, he now sold his fat to the Defendant, he having come to him, and asked him for it. The Witness then asked him, how he could have use for his fat, when he had engaged not to melt it ? to which the Defendant answered, that be would have his compliment at ally sate, and might as well have it from him as any one else ; in consideration of which, he sold him his fat for the future. Richard Rayner heard the Defendant say, he had trade every thing as agreeable as he could. Serjeant SIIIPIIERD stated the Defendant's case. .1 'b Hates :vas called, whet deposed, he lived with the D letidant about seven years ago, and remained about a year ; he then left him, and returned to him about four years ago, and remained with him about the same time. 'the business had not increased ; when he was there last, he had often got the kitchen •tuff from the Pl.iintiff for the purpose of melting, :tai the smell from irwas much worm than from fat. They melted fat twice a week, but did not melt kitchen stuff more than once in six weeks. that Some other witnesses were called,wiso swore, the 134:ndant had no increase of business, and that he toot much more care to oblige his neighbours than any chandler they knew.. Dove, a bricklayer, made alterations in t!;e Defendant's premises, for the purpose of allow. ing his men more room to work ; that he had done totery thing by the Defendant's diretgions, for the purpose of preventing the smell from annoying his neighbours; and that he had had a ...eeting about a month ago, with three or four chandlers, for the purpose of striaing out some way of carrying off the mail, but nothing more could be done. The (:handlers who had met the last witness at the Defendant's house were tailed, who swore, every thing dial could be done was done, for the purpose of carry tag away the smell, and that the workshop wawa well fitted up as it possibly could. Sir J A sits Mansr lELD summed up the evidence with his 'aqua impattiality and precision. 1 he Jury immediately returned a Verdia for the Plaintiff, with 501. damages, and 40s. costs. CORONER'S INQUEST. A Coronet's Inquest was yesterday held, at three o'clock, at Mr. Dixey's, Man in the Moon, Great Vine-street, Piccadilly, before A MIHONY Esq. one of the Coroners for the County of Mid dlesex, en the body of Mar 4 Appe, eights- years of who V . . 1% burned to death the day befott, at the house of Mr. Middleton, in the same street. It appealed on the evidence of Mr. 'Middleton, a very respeaable housekeeper and pencil-maker, that the deceased, Mary Pippet, was his aunt. and had been confined to her apartment for above eighteen months. That on Monday last, between the hours of two and three o'clock, he heard ass in cessant scream up stairs, and, on his approaching the deceased's room, heard her cry out Mary ! Mary !" the name of ber attendant ; that, on his opening the door of her apartment, he was nearly suffocated by smoke that ru,hed nut. Not knowing the cause, he threw up the window, and, when the air was admitted, perceived the deceased sitting at a table, with her head reclined, a smoke arising from her as well as the bed and blankets ; that he immediately put the matrass on her, and extinguish ed the fire, and went for Dr. Ford, of Golden square, %Ix° did not arrive until after the death of the deceased, who was a most affaling speEtacle. It is supposed a spark had flown from the fire, and caught her cloaths. The verdiet was Ardente! Captains Doc& and Maxwatt are appointed to the respefive commands of the Jamaica and Arab frigates. Mr. I.r .4 MON. of the Imprepealik, of !.13 guns, is appointed Master Shipwright at Antigua. SugnAi stations are about to be established on the Coast of Scotland. Several more vessels have been purchased by Go. vetnTnent, tor the purpose of being tittact a, Gie. ships, in the River, in addition to thnsl st:•i:h are Really finished. • .• .c.rri - heetrirst• '• :'•!.... Itestceelaje ci the Rightyti , in. ,, he turd Ma-•rsr cceded 4 , sate from the Y..'"lsionl-louse to. ti. iklll hall', to hold a Court of•Cornoson Council.-. net's, k heing th e Erse Court in. the M.syoralty, his Lofts '• • opened toe proceedings in a neat ne7roppiart ' requesting the assistance of his 1. ellow.C,isihn,'. all occasions . La tre-skit:re. to ful fi l the aelkels ties of the °Metal Chief Magistrate ~,!..• •••-• r. Present at ttie Court, fi fteen Alder men; Reeoidetio: and Sheriffs,. and a numesous meeting of the Co*.Cons.' mon Council. :'he thanks of th Court were voted to the hittb I.ord Mayor—Kjur Awl* ire tbe.fewouqf this Paper,J.l . It warreferred to the Committee for letting the . City's Lands, to ascertain and »pert •to the wit, Court, what proceedings hare taken place in nits. ..i tine ro the enlargement and improvement of Smitbt field Market. • . The Court proceeded to the elation, by balks ' of a Principal Clerk to the New Coal Market, and on casting up the same, there sppeared for— Mr J,',n D ,v, 1.. c Mr. Itlelo.ord Yeuward whereupon his Isis Lordship declared the said John Dowling duly eleeled to liald tire said Office, Jur. ing the pleasure of the Court. - Mr. John Freer was unanimously eleeted Beadle of the New Coal Market. The Port Committee laid before the Coast the bye-laws fur the regulation of the Hartindr Mestere of the Port of London, which were read and ordered e to be prime'', and a copy to be sent to every Mem. ber of tl,e Court. The Lord Mayor appointed the nett Court fn+ the eleftion of a second C eric to the Court of Re.," quests, in the room of Mr. John Leach, dismissed. . • •• ' 1 VI GIG/S'!. Yesterday being the day appointed for the s. expeeted battle between TOM ficlete, and mai all the art4e. and owattars prepared for the sport at an early hour.—The furrier is the own brother to the noted Belcher, alias the Chant,ol.4 .f Ettgl who lately retired from the profession, in consesute.ice of having an eye knocked ont by a unnis ball. The latter is the own brother to the fam..us pugilist. fitberntan Ryan, who fought tire eclebrated battle in 1789, with Johnsen, and was obli.zed to yield to the superior prowess of that hero. Of coarse. these two combatants, both of whom are true game, and about theageqf VO. produced an extraordinary degree of expeetation. At nine o'clock. the road to lesley Green, Paddington, the scene of adion. crowded with foot passeng:rs and carriages of ous descriptions, such as carts, caravans, bu and hackney-coaches. At eleven o'clock, a large ring was fat upon the Green, the circumference of whir* slued of a motley group of four consolidated s The ground was soft, and the spe&stors were see, ancle deep in water. The inner row sat dews, se. wet e consequently very comfortably acceetamodeir ed the second row kneeled ; the third etuod, sae cher stooping forward; and the fourth, or eztillifier low, was composed of the persons who contrived pe dealt themselves upon stilts, carriages, Ste. At half past eleven o'clock, a long train of ear times made their appearance, in which rode senior tickler,, the blanketed. the Yermg &Mir of the combatants, and a great number of r artists and atnoterr.. Arrived at the ground, boar; Belcher saws nu.— his entre into the ring, attended by hie second" Geer,Te Madder, the dustman ; and his bottle-holier, Jae Norton. Ryon, his antagonist, entered soon after, with Tom Jeffs (not Fulding's Tom Jones) as his second, and Reined Wells for his bottle. holder. Old Belcher, the brother to the former, did , - i not like to venture his fraternal feelisslrs within the ring, and therefore took his station upon the roof of a hackney-coach, outside, fiJru whe:ice he could distinOly view the various fortune of the fight. Upon stripping, R. f a,, appeared the more mus cular and weighty of tne two, but as BeltA,r was presumed to have more blood and science, odds were six to four, and .rn to one in his f..vour.— After the usual etiquitte, they set to, but not wit much spirit ; there was a great deal of spArti shifting. and manceuvring ; but Rtan, becesmin at length, tired of this ji.o.sin , play, sprung for ward, and made three dire& blows at his anta,; , mist. all of which were well parried by the latter, who became the assailant in his turn I but, Ryan rallied, and put in several blosv;, one particularly upon Racher's side. They then closed, and the mond ended without any apparent advantage on either side. It was evident, however., that Beirb. , 'a per formance was short of expeetation, as the odds is his favour dropped to tour to tlsre..) The second round displayed much skill, Ifeh at first fought shy .and shifted much ; he ma several well-direcled blows, but they were al( st ped by Ryan, who planted a blow upon his adver sary's left eye-brow, which closed his eye. and brought him to the ground. Betts now even. The third round seas fought nearly in the saina style by Belcher. There was no knocl: down blow $ they closed and fell, Ryam uppermost. Bets woo now 6 to 4 upon R In the fourth sound Bckeer was is blood, and completely upon his mettle. RNaa, on the contrary. was cool and modest. After much finesse, Bakker. summoning up all his strength. broke thro,2h Ree.,'t guard, and planted many severe blows ill divers places. They then closed, R,en uppermost. • No betting. Fifth Round.—Reidiee sheaved great skill and i botto n ; R t es stopped all his Slows, and Bricker. fell. The oAds now became Y to I in favour of Rpm. The 6th. 7th, and Bth rounds. display zd slefl and courage, but were not marked by auy particular event. The 10th, 1 I th, and lfth tounds, all rather in favour of Ryae, and such coutint:ed the fortune of the day, to the ertraordinary length of G! rounds. The senior 11t1, her, seeing hi. bit:an thus beaten, descended from the coach, and. entering the ring, asked him how be did' to w' ich the other an swered, he felt he could not win. The brother, however, thought he was able to carry away a little more beating, And Advised Inn to try another round. A 65th round was accordingly fought, which had nearly proved fatal to Belcher, who received a blow ii the stomach, %li;ch obliged him to vise in. The battle was fought in an lour and CI minute . i 1