The British Press; or, Morning Literary Advertiser. — London, England, 1804-12-15 00:00:00

LAW. COIRT OF KING% BEND'', GUILDHALL, Dec. 14. u t i l -s at Piaci Friss:, &tore Lord Ehuretortoucia, and *oat juries. PLANTIMER v. SWARDOU. This was an action of 'Troyer, to recover the amount of crtain goods siped with the De kie.,„t, und e er the followin h g p c i rcumstances: A qtrantity of calf skins were shipped on board the jjaria. Capt. Aitell, by the Widow Gatsell and Co. which goods were consigned to Messrs. Givers and Bieck, in London, the circumstances of whose fail ure having come to the knowledge of Gatsell and Ce. the goods were unshipped from on board the Vera, and reshipped on board the Elworthy, Capt. Swardoff, the present Defendant, which were then t ensioned to Messrs. Cecil and Stephens, of London. :ET representatives of the first consignee, who were the Plaintiffs in this anion, then demanded the 7ond , !rem the Defendant, pursuant to the invoice ey had received. The second consignees likewise . , mantled them ; but the Defendant would not then deliver them to either, but deposited them in the rands of Hall, the ship broker, who sold the goods f a the best price current. He then filed a bill of Viterpleeder in the usual manner, and lodged the amount of the goods so sold in the Court of Chan cel. An issue was direted out of that Court to try the question to whom the goods belonged ; but rot bring properly direded, it went back tl the Court ; and a difference of opinion having taken place between the Chancellor and the Master of the Rolls upon the subjed, and no new issue direded, the cause came to be tried on die first question. Ater a short , tatement of those fads to the Jury, by Counsel, the case turned upon a question of law, which his Lordship thought necessary to reserve for the opinion of the Court on a future day. The ipiestion was whether the first shipment of the goods was, or was not a sufficient consignmert of them, so as to vest them in the first consignees, and of course en:itle the Plaintiffs to recover ? or whether the re-shipping them, and making a new invoice, previous to their coming to the first consignees, did not invalidate the first invoice ? The Jury therefore found a verdict for the Plain tiffs, subject to the point saved. St4ll'll v. c•ss. This was an aaion to recover the sum of 1571. 10s. for money lent and advanced by the Plaintiff, to the I/Oen:lanes use. Mr. GA meow, as Counsel for the Plaintiff, stated, that the Plaintiff was a very eminent hop-merchant, in the Fiornugh ; sad the Defendant had been very largely engagail in the tobacco trade. He had put. chased a great quai.tity of that article, for which he gave as security, a bill for 10.511. 2s. most of the parties to whicn became bankrupts ; dividends were paid, and various other proceedings had. In the sequel, the Defendant fell into insolvency, and was then engaged by Messrs. Price ai d Smith (the latter of whom was the present Plaintiff) to trans.ia their business relative to the hop trade, which he ac cordingly did for some time ; how-ever, in the end. he was sued by Mr. Brandon, one of the indorsers upon the bill, for 10,',11. 2s. and being at that time iu the employment of Messrs. Price and Smith, he received considetable assistance from them. Mr. Davis, the agent tor Mr. Brandon, offered to with upon paratein of 1:10 guirwriurte the Defendant, who applied to Messrs. Price and Smith, to advance that sum, but the former wholly refused to have any thing to say to the business ; however, Mr. Smith, being disposed to keep the un fortunate Defendant's head above water, advanced the money from his own private purse, which he paid by a draft upon his banker. The draft was signed PI ice and Smith; hut he had evidence to chew, that although the cheques were drawn in the name of the firm, yet the partners had their acceunts regularly kept at home, when each debited or credit ed- the other for the drafts sent into the bank, so that, upon this part of the case, the Defendant could make no defence; and, as to the remainder, the Learned Counsel could not conceive what defence might be attempted to be set up. Solomon Davis, the Agent of Mr Brandon, proved this case, so far as reyeacd thaagree ment to take 150 gui.seas, arid the payment of that sum by the Plaintiff. to W:Mille the De fendant. Upon his cross-examination, he said, that Bran don proved the debt tinder die Commission, against Stone; that he afterwards commenced an tiion against the Defendant, and that he had all• thotity from Stone to ieceive that suns for Brandon, and to give Stone credit for it ; Stone afterwards gave secutity for the balanci., hat he did not know :hat that sum was in payment of a debt due from Smith to Stone, nor could he take upon him to say, wit:titer it was paid foe the Defendant or fur Stoue. Richard Green, the Plaintiff's Clesk, proved, that the D:fendant seas employed by Price and Smith, and had access at all tiipes to their books ; the sum of 150 guineas was entered its the ledger stains( the Defendant, while he was in the service ~t Price and Smith, and he might have seen it ; the Par irers had no separate accounts at the Bank, but all the cheques were of crowds settled in their pri vate hiker ; when he made this entry, he asked Mr. Smith, on whose account it was paid ? and he told him, on his out:. Mr. Eitseitie, on the part of the Defendant, st.ited to the Jury that the merits of the case were these: As to tl:e hill, Ce chewer, acceptor, and erdorsor, were all insolvent ; and, as to the trans aaion of the 150 guineas, the tart was, that it ori ginated in a gambling tratisaaion. A wager 1: id beer. laid by Smith, the Plaintiff, with Stone, upon the price of hops. this was an engagement which the law, fur very wise reasons, did not allow; and, therefor. it did not appear upon Stone's Commis mi. %ion of Bankruptcy ; the wager was lost by the Plaintiff, to Stone. who, wishing to exonerate the Defendant from the bill, proposed that the amount of the wager should be paid to Davis, for Bran don ; in consequence of which, the Plaintiff rave the cheque ; but not in the presence of the Defendant. In the second glace, therefore. it was a voluntary figment, m.ide in the ahsance of the Defendant, and he was not, therefore. liable. Mr. Stone stied, that he should have provided for the hill himself, but could not at the time; he had an honourable claim upon the Plaintiff for dif- 1 resent bets he won from him upon the price of hops during the year. He held different notes of the Plaintiff's for those bets, and proposed, that it the Plaintiff would pay him the 130 guineas upon those bets, he would not put the money is his own pocket, but would pay Davis so much towards liquidating the Defendant's debt; it was merely upon these ex press terms he paid the 1 50 guineas. Oo hi-cross-examination by Mr. GARROW, no thing of a contradictory nature came out ; he sail he had been a bankrupt, and afterwards an insol ent; he had only a few creditors, and the business was easily done. Messrs. Wilson and Broad had been agents to the commission, they were also employed relative to his deed of composition ; they had been friends of his, and transacted business for him pre vious to his bankruptcy. Mr. GA RROW spoke at some length upon the evi dence ; after which, Lord Et. t. ENBOROUntt told the Jury, that the whole matter depended upon what credit they should give to the evidence of Wm. Stone, who, thoug's they could not be much pleased with the flippancy of his manner in giving his tes timony, yet, if they believed him, the action was not maintainable, and they were bound to find for the Defendant. The jury, after retiring for near half an hour, returned a verdift for the Defendant. ISAACS r. HARRIS. This was an action to recover the value of goods, amounting to 1151. 10s. consigned by the Plaintiff to the Defendant. Mr. Gm% for th. Plaintiff, stated, that he was a merchant residing at Koningsburgh, in Prussia, and had consigned a quantity of linen goads to the Defendant, for which he drew a bill upon him at two months, in the usual way, and which he ex pected his correspondent would have duly honoured, but the hill was returned in a letter, written in the Hebrew, a langdage the Learned Counsel confessed his ignorance of, in which the Defendant admitted he had received the invoice and goods but r as obliged to return the bill under protest noa-acceptance, as he was sorry to in form the Plaintiff that one David Samuels had attached the money in his hande by the process of the Mayor's Court of London, for a debt due by the Plaintiff to the said David Samuels. of 1041. 10s. This letter was dated the 25th of Sep tember. and, upon examination, it was found, that the affidavit of debt made by Samuel, and which was thebfoundation of the aftion in the Mayor's Court, Was on the 11th of October following, so that no such could be instituted at that time to attach the money. He admitted, if the action had been brought previous to the 25th of September, the present aftion could not be maintained. Mr. Glaris was proceeding to prove this case by evidence when Mr. Gseeow, on the part of the Defendant, de clared, that, under these circumstances, he did not mean to contend the matter : the Defendant was a most respeftable and eminent merchant, whose only wish was, that it should not be supposed that there was any collusion between hint and Fdaviod Samuels. The fad was, that he had only been served with a notice instead of the attachment at that time, and he therefore did not then feel him self authorised to pay over this money. A sum of 191. 2s. had be:n lodged in Court to the credit of the cause, and the fury accordingly found a verdtet of 9031. Itts.for the ttaihttlf. COMMON PLEAS, GUI L DI4 %LC. Sllliagt at Nue Prl6l, befi►e Mr. Jaisticr CEIAMBRI. HINES 9. SANDMAN. This aE►ion was bro.ight to recover a compensa tion in damages from the Defendant, he having kept a dog which tore the Plaintiff's arm in so shock ing a manner, that he was confined for several weeks. The damages were laid at 300 E - - - Serj Cocx Le stated the Plaintiff's case, and said, that Ili, client was a working hatter ; the Defendant a man of fortune, who kept, for his amusement, he supposed, a dog, which, whenever he could get out of the doors, would seize on the first person who came in his way. His client, who was a hard worn k ing, honest man, had been, on the morning of the 2d of Oi!tober last, taking a walk, bell re he went to his work, and happening to pass by the Defendant's door in Queen'street, in the Borough, he met an old ft iend of his, and was in the very sia of shaking hands with him, when this dog ran across the street, sprung upon his arm, and hung there ..ith so rough eonstani . y, he could not be disenga,.ted from his fluid till the piece was separated from his arm. The Plaintiff was immediately taken to an hospital, wbe'e he remained fur the space of thirteen weeks ; during which tim?, he was not capable of earning a single shilling, Although, being an extraordinary good workman, he used to earn commonly three guineas a week. The Defendant was applied to by the friends of the Plaintiff, to make some compensa tion, which he totally refused. Phair deposed. that in the month of April, 1803, he was passing thmugh Queen-street, in the Borough, that a dog came out of the De. tendant's house. and made a leap at him, which he parried off with his stick ; that he then made his escape into a public house, but he could not say the Defendant knew of his being attacked. I henry Brett said, that passing by the Defendant's house, the dog ran at him, and caught hi:ii by the leg, but he did not inform the Defendant of it. John Harper was servant to the Defendant : be heard hint say that the dog bit the servant maid, but that wai subsequent to his biting the Plaintiff ; he was present when he bit the Plaintiff, he had him out that morning; and that there was a little dog with him : the Plaintiff spoke to the little dog, and immediately the great dog seized him by the arm : he did not know the dog was wicked. or he should not have taken him out : his master was un acquainted with his taking it out, and the I),:ten dant had not had this dog for mire that sir weeks at the time he bit the Plaintiff. Serjcant Cocet t, not having any other witnesses to produc-, said, lie would save the Court a great deal of Mu.: and trouble : he was convinced there was lint evidence suflt-icut before the Court, to shew, as necessary, that the Defend int knew the dog was in the habit of biting. Ili, client must, therefore, now submit to be nonsuited, and commence a fresh &aim) in the neat term. Plaintiff Nenswed. SMITHPIELD C.4771,e tHEW. The number of amateurs who flocked yesterday to see the prize cattle was greater than on any former occasion, and from about eleven till two o'clock, Mr. Wootton's yard and premises, where the cattle stand, was so thronged, that it was often several minutes before the persons present could move along, in their eagerness to vi..ov and handl: the different cattle exhibited. Among the com pany present we noticed— Gra.-e the Mika us. R•l.`or.l, L.rd Sonsersl l ., Laid Giivray, Lord Wiliam Russell, Lend Aylesbury, Sir Josivilk Ranks, Sir K. Layton, Sir William Curtis; urge Brig, E•ct. M P. Robert Bviig, Esq. Charles Gordon Gr-y, I:+q henry Hugh Hoare, Esq John Higgins, John P R.ul , Esq R. 1.6 Mahon, E,q •••+•••• Child, Esq. Re, Mr. Morris, Cu. Murray ; Messrs Helmut, Edmunds, S. Davis, Es.ter, Lmehmore, Astl , !y, Crooke, S. Chandler, Giblet, king, Praed, Plekiurd, Perry, Laurem.e, Garrard, Collisige, Bellamy, Fares., J Rogers, J.• Duckitt, Webber, Westcar, Reynolds, Eyre S. Stone ' Haneybourii, N. Stubbing., three William Smolt., Pester, Sec. he.. We shall this day mention the pripe cattle, and some few others which were particularly noticed, and reserve any remarks on the others which were exhibited, till Monday. In this review, we shall take them as they stand in the yard, beginning on the right hand, and proceeding up the yard, and down again on the other side. The first remarkable thing which struck us was, that, although there were in former years so many candidates for the prizes for fat pigs, no one had sent to this shew any pig within the time limited, and with the requisite registers of food, weight, &c. and of course no prize is awarded for pigs. A dark thin-haired Pig of the Essex breed, belonging to Charles Western, Esq. which was shewn, had some merit. And an excellent black thin haired pig of the Hertfordshire breed, between eleven and twelve months old, fed on beans and pease, was shewn. In the first or lower stable, was a yellow-red Cow, of the Holderness or short-horned Yorkshire breed, very fat. Beyond this stable door stood two beau tiful small black-polled heifers, belonging to Alder- Mill Curtis ; they attrafted a good deal of attention, and so much resembled the Scotch or Galloway breed of cattle, that the Earl of Galloway, who examined tnem, seemed to consider them as of the genuine breed of his country ; but Sir William Curtis, who came soon after, stated, that they were by a Devon bull, out of cows of the China breed. Mr. Garrard, the cattle modeller, took di mensions and a drawing of one of these heifers, on account of its great beadty. We next came at a black Ox, of the North Wales breed, four years old, which had been fed on grass and hay, by Mr. Gilbert, of Leicestershire, for which he is adjudged ten guineas, in Class V.; this animal having gained the greatest comparative weight of flesh, in a given time of feeding. A yellow spoted Cow, very fat, of the short horned breed, eight years old, having had rive calves, which had been bred and fed on grass, hay, and turnips, by Mr. Pickford, the second prize of ten guineas in Class IV. The next objeft of attention was a most beautiful dark red Cow, of the Kent breed, eight years old, which had borne five calves, bred by Mr. Monk, of Romney Marsh, and which had been fed by the Doke of Bedford, on oil cake, turnips, and hay. 'This gained the first prize of fifteen guineas in CLv.s J V. The MIS was a wall brindled Ox. of the Scotch breed, five years old, bred by the Duchess of Gor dan, and fed on grass, hay and turnips, by the Duke of Bedford. This gained the second prize of ten guineas, in Class 111. A red Ox, of the Scotch breed, four years old, bred by M.. Rontledge, and fed with grass, hay, and tur nips, by Mr. King, gained the first prize of fifteen guineas in Class 111. A large light red Ox, of the Hereford breed, 6 years old, bred by Mr. Tully, near Hereford, and fed on grass, hay, and turnips, by Mr. Westcar, gained the second prize of fifteen guineas in Class 11. A dark dun Ox, of the trlamorgan and French bo-ed, six years old, bred by the Duke of Bed ford, and fed by him on grass, hay, and turnips, ' gained the first prize of 25 guineas in Class 11. We next came to the pen of Sheep : three new Leketttrs, two years old, bred by Mr. Thomas Westcar, of Woulaston, Oxfordshire, and fed on grass by his bi other, the famous grazier, John Westcar, to whom the prize in Class VII. of ten gui- nests is awarded. The next pen contained three new Leicester Stu ep, one year old, bred and fed by Mr. Plaska, of Oxfordshire, on grass and hay. They gained the prize of ten guineas is Class VI. Three South-down Sheep, two years old, fed on grass, hay, and turnips, the property of the Duke of Be 2tOrJ, bred and fed on his Meriden Farm, gained the prize of ten guineas in Class IX. Three Soirth-down Sheep, one year old, fed nn crass, hay, and turnips, belonging to the Duke of Bedford, from his Madden farm, gained the prize of 10 guineas in Class VIII. After passing several other pens of Sheep, we came to a large, spotted, light-red Os, very fat and fine, of the Hereford breed - , seven years old, bred by Mr. Tully, near Hereford, and fed on oil-cake, by Mr. John Westear—this gained the principal prize, or C 5 guineas, in Class I. The next was a large red 01, of the Devon breed, six years old, fed on oil cake, which had been bred and fed by the Duko of Bedford . this gained the '2.1 prise, of fifteen guineas, in Class I. The last beast on that side of the yard, wits a handsome Ox, of the Tytherton breed (two parts French, and one Scotch), only three years old, which fell lame on the road, and did not arrive in time to be a candidate for the prizes : it was bred and fed by Thomas Crooke, of Tytherton. Much discussion took place at this chew, betateen different groupes or parties of Gentlemen on agri cultnral subje&s. Mr. Bellamy issued his notice of a work published, on remedies for scowering and other diseases of cattle. Mr. L terrence issued his proposals for a work on the nature and management of cattle in general. Mr. Smith, late of latial. now of Buckingham-street, Adelphi, 'hewed his maps and szaions of the strata of England. After inspeeting the cattle, there was a meeting of the Committee of the Smithfield Society, at the Crown and Anchor, his Grace the Duke of Bedford in the Chair ; Thomas Buckler, Esq the Rev. Thurs. Plasket, and several other Gentlemen, were admitted members of the Society, and sum. other -- . ♦ • t • business wat rransafted; after thirtfk sat down to an excellent dinner. His Grace thIL Ddice of Bedford, Lord Somerville, Henry FlugN 11 tare, Rsq. John Howell, 'Esq. Charles Gordon rev, T.sq. Mr. Pickford, Mr. Praed, Mr. Stone,' ',lr. Astley, and Mr. Young, were of the party. 8.1 AGRICULTI'R AL SOC/ETT. The Bedfordean Medal adjudged on Tuesday la e l to Mr. Irthur Young, is of g , sld, A) Alt two inch and an half shame:et, value twenty guineas ; the di for Wa; cut by 'stilton : It bears a most capita likeness of that great Patron of Agriculture, anal useful Arts, the late Duke, from Nolliken's Bus y under which are the words, " Francis, Duke ofki, Bedford, Pr,:sident. 1802." The reverse contains.; within a wreath of ears of corn, the figure of Bd., tannia receiving the offerinp of agricultural incluse try, an ox and a sheep, which are presented by tweil emblematical figures; these are after a fine design by Miss Fenshaw, under it are the words. et Bata' and \Vest of England Society, given 1904." Roito4 the edge of the medal are engraved these words a: " Adjudged to Arthur Young, Esq. F. R. S. f an !.shay on the nature and properties of Man= at the annual meeting, 1804,' We were favoured yesterday by a gentleman the Bath Society, who Was present at the Smithfie 'hew, with a view of this elegant medal. and abled to correft a mistake relative thereto, which we committed yesterday in our account of the Bath Meeting. The preseet Duke of bedford having, soon after the death of his illustrious brother, pre. sented the Bath Society with an excellent bust in marble of the late Duke of Bedbird, executed by Nollikins, which now graces their meeting.roo we, the Members of that Society entered into a subscription. and appointed a standing committee, consisting of 15 of their members, called the Bedfordeau Com mittee, whose duty it is to propose annually some 'objett of agricultural enquiry, on which essays ere to be received, and the best of such essays is to be rewarded with a gold medal. as above, in token of the esteem the Society entertains fur the metnes7 of the illustrious chandler whose name it bears. - _ The demi-brigade of Swiss troop; in garrison as La Rochelle were invited by Bort AAAAAA to Ned a deputation to assist at his coronation at atie, The letter whist: the Minister of the War Uhirart ment wrote on thi; occasioo, was very flatteries: 44 This deputation," said he, " is to reptesedt the Swiss army a: the coronation. The Swiss have bean along timeithe faithful allies of Franc anl the Est. MOB orders me to assure them, tad Ise a the value of their qttaekulear to his sacral person, and of their former services " After deliberating, the Heliretians decline] this nonour " became, the blood of their countrymen, ruurdeted on the 10th of August, 1792, had not ben avenge] '' In return, they were ordered to march towards Piedmont, and they are to be taken into the service of the Italian Republic. A gentleman, who was passenger in the AltAae country ship, bound to this country, from Bengal, with a very valuable cargo, has communicated the follow ii interesting intelligence That after the Althea country ship had been captured by the if :oh. tants French frigate, he was sent to the Me of ° France as prisoner, wiser he remained for a eon• siderable time, before an convenience offend for a passage to England ; vitals the Americareledp /Mo. loo ny arrived from the Island of Sumatra, hound to a British port, on which be was permitted to take his passage. Before he left the Isle of France, a Portaguese ship touched there, the Captain of which communicated the following important account that before he left the Strait of Moaam'aique, a large ship, which he supposed to be as English East India,. man, from her build, had pet in there, the end of July, in a most distressed and shatterc ditOin, from which account we entertain the • ssng•tine hope', that this ship will prove to be the Pence of Wolfe East lndiaman, Cotain JOHN PRICE, homeward-bound, that patted company with the Grntral Stuart, Windham, Calmete, and trsion, in a violent gale of mind, the latter end of May. It was the opinion of all nautical men, that she had bore away for Madagascar ; and we can have no donht but a very short time will convince us of the correaness of the idea. Thursday, the Officers of the Light Brigade, ' which assembled in Hyde Park, gave an elegant dinner at the London Coffee-House, Ludgate-hill to Colonel M RTON, the Majors of Brigade, and other Staff-Officers. who aged under his orders t at the Grand Field Day of the Brigade. Capt. Sae sr.: of the I lon. Artillery Pagers, in the Chidt. Several light movements wet e discussed, preparatory to the next meeting of the Brigade, which will :aim place about the middle of January. The fiillowing is a carrca return of the Brig.w.e, as assembled on Thurslly : Office, s. Serrano Drums k Rank & Fan. Eagles. 12 8 tie • 311 460 e eamodi 43 1711 Riflemen . . 12 I. l illt 'awry . . 13 S: ~ T..tal :rt %x Geacc3.l OfEczn. &c. ioclud A, 7 4 •-••-• Ni A ssic)s-Housz.—Yesterday a muter chimney sweeper was summoned before the Loan M•voa by the person who contracts as Scavenger for cleansing certain Districts in the City. He complained that the chimney-sweeper had openly allowed his cart to collect dirt within the city, which he conceived he had no right vi do, not being a contractor. The chimney-sweeper acknowledged the cha-ge to be true, that he had taken dust within the city, and chimed his privilege so to do, as a wool-comb er, and that he had taken the advice of Counsel, • and was determined not to pay any tine, but ap2eal,/ and try his privilege. His Lordship convifted him in a penalty of 4041 which he refused to pay. A person at Bourdeauz was found nearly her Ai to ashes, in his g srden. on the 7th of Novembee4l According to the inquest tikeu by the .lustise of Peace, the deceased bid himself construCel his fu neral pile of dried wood, upon which he placed hint self, and, after setting tire to the wood. shot Rinses' thicioch the head with a pistol. He left proven to the amount of 100,000 tierce (4,00u1.). In paper a .Itressed to a ft iend, he says, his only rea son for committing this rash aft was to die in hi. own way, and to avoid being buried. 1 ' II r / 00' / .. • fr ti • - I t • It 4 e d • d h s, Y; is it 'se of Id by iA he he m- ore of we to en wr at sad Ott- lit- M,i