The British Press; or, Morning Literary Advertiser. — London, England, 1824-11-20 00:00:00

f 11 , 1 1 411 . la* was tp be the fOlihfittiOn of any decree or inteelocu- CillkT the existence of that law would be solemnly investigated wd eV; it liquid not be demonstrated by extractsfrom minutes. Thin; true in the abstract; it was particularly so in the case be. fel* lb. Cann t because the trustees were utterly unintelligible, ex. eept *moth the orders and decrees of the foreign Synod. They mow extent tbe•trust in a manner intelligible to Englishmen ; ae moat make ourselves acquainted with this foreign court ; this knowledge was most important in the case before the Court; .t cannot be end *about creating dispute,' between the parties ; the construction of the deed brought forward by his friends cannot be uadentoed without this proof, neither can we understand the tante of the sentence without understanding the rules and regu. *tient of this Court. There was no argument upon this part of the ruttier, for his friends knew that, spell their affidavits as they may, they will throw no iight upon the matter. Vas this 'decree to be granted under any circumstances, especially under such as. sn anger:nee with all the feelings and ideas of decency and justice in England, suggest to us, that that was done which rimier ought to be done—is the meegre fact of this sentence, whirrs was rapt to be carried into effect against a subject of Scotland, but a British one, residing and domiciled in England ? To warrant an injunction. his Learned Friends were obliged to giro up the spiritual nature of the argument, and they seek the miler against him as a trustee. Let us consider the farts, and see hes they come to this conclusion ; and in the course of their pro. endings they seem to he encouraged by the example of the Synod. In this C'ourt, when a Lill was tiled, the other party was compelled to answer. He put in no answer, for he had not the power of doing so; they were served with an order to answer immediately. This practice was weal in the ease of waste, when the mischief was im mediate; and it' the mischief was not immediate, it was not granted. Surely, r.o immediate misceliief could follow Mr. Fletcher 's being allowed to preach; the poi-iv Of his doctrines was unquestioned. It was said, in answer to this, that they did not wish to remove him tom his profeesion, but merely to prevent him being a pastor in that chapel. He need not speak of the stigma that would attach to his character, if the injunction were granted. He is now in the pos session of the pulnit ; this is a fact generally . known ; if he is pte united from pinching, he will be also ildpnved of all remuner ation. II hat line would be drawn between the granting of this injunction, and confirming the words of the anathema , which strove 31 r.Flecher, not alone from his pulpit, hut from all Christian fellowship? Ills Lordship Rat called upon by this sclf.constituted Synod, for, judicially, nothing was known of them, to.do it on the footing of this sentence. It your Lordship do this (said the Learned Gentleman) you give the sanction of your authority to this ho-rid seethe-ma. you say the sentence is just, as it deprived hum of his pulpit ; jc.t, as it (hives him from Christian fellowship. He need not diia.c iris the mischief of this intended injunction : the consequence won'd he, that the congregation would disperse, and echisin aocltt spring up amongst those now so happily united, with the txception of a few that were hostile to their pastor. Ile wished to know how Mr. Pletcher could be called a part of the body politic of the chapel. Ile was certainly the lilinistcr, and bound to perform acts useful, vcluable, and beneficial to the mem bers but he was not a coinponent part of the body. You may iv .h as much propriety affirm the Lord Mayor's Chaplain to be a mein. bee of the Corirnation of London. There was no stipulation entered into between 31r. F. and the other members. Ile could not touch a shilling of their mosey. The opposite party say there has never been a schism in Scotland : if this be true, what becomes of this very chapel ? It does not pretend to be a part of the national church of Scotland. There was no proof of the union of the Burgher and Antiburgher Societies in Scotland. and he trusted the documents given to the world by these united societies, would be more preg nant with wisdom, humanity, and justice, than the present sea mere . He concluded by reminding his Lotdship of the danger to the p-opery, of issuing an interlocutory decree, if the cause and recessity of the mentos were not perfectly clear, so much so that th , -m could be no doubt on the subject. Further legume t postponed till Monday. VICE-CHANCELLOR'S COURT, FR/DAY, N0v.19. 11100 till V. HANSON AND ANOTHER. This wets an application on behalf of the plaintiff to restore a bill in she cause to the tiles of the Court, from which it had been re roved fur want of prosecution. The application was supported by the aft davits of Ihe plaintiff and his solicitor, which set forth vat the Mil had b-en prevented until the defendant sent in an answer. A delay had taken place in consequence of the exhaustion of the funds of the plaintiff; and, front some error of opinion rela tive to the titre allowed be the Court :'or further proceedings, the useal pitied had been suffered to elapse, contrary to the intention and wish of the plaintiff. His Bosons inquired when the answer was filed. KNIOHT—In October. 18`.0. _ fir. WRAY resisted the application on the grounds that there did not appear any thing es entitle the plaintiff to extension beyond the pract:tc of the Court. The answer to the bill had fully barred his demand, and it was the weakness of his cause, and not the want of means, that had induced Aim to neglect the proper and customary mode of proceeding. The V res-Citateggt.cost gave his judgment against the appli cation. The Court. be observed, was liberal in the allowance of lima, in order that all answers to bills might be fully inquired Lao by plaintiff; and there were instances in which it had proved inju :Jou to the character cf the Court as well at detrimental to suitors. Ik.sre did not appear to be any thing in the present case to entitle the plaintiff to the consideration of the Court. An ignorance of oe forms was a bad ground, and it could not be influenced by an a:legation of want of means, to break through its established rules. Nation dismissed, with costs. COURT OF KING'S BENCH, FRIDAY, Nov. 19. Mr. WYGIIT MAN moved, on the part of Mary Lewis, foe • rale to chew cause why Lewis Jones. an Attorney of the Court, should not pey to las client the sum of SOW., received from her for the purpose of bring placed at interest in the hands of Sir Robert Vaughan, Bart. Air. Justice HOLEGYD—Did Janes get the money as an attar. Rey otiv-rwiisethe Court cannot issterferc in this summ ary way. Mr. IVIGIiTHAX said, that it was given to him in that cape. city, and that at the time he undertook to procure Sir Robert's hard for it. It world appear clearly the money . was received for this express purpose, from the terms of the receipt, which was to the following &cc:— " Received from Mary Lewis the snm of three hurdled pounds, r the purpose of plating It at interest in the hands of Sir Robert Vaughan, Sant. and for which I ui.deriake to procure his bond. (Signed, " LEWIS JONES." . . . . This receipt, the Learned Counsel said, was passed in 'flay, MI, and up to this reonitnt neither principal, interest, nor bcpsd, were seen by his client.—Rule granted. RILL v. CUPIT AND ANOTHER. This ease was tried benne the Loan Cuter Jusstcr at Guild ha t, during the sittings after lam term, and a verdict found for de iendant ; plaintiffappited 'or, and obtained a rule air{ for a new trial. ft was an ection brought for the amount of a bill, of which de fendant wu acceptor. The bill had been enclored in a parcel by the drawtr, directed to his correspondent at Birmingham. It was stolen from the cloth, and brought to the office of plaintiff, a re spectable hill.broker, and his clerk (in the principal's absence) 4.lcoun:L.: I. Ile did so from his knowledge of the respectability the acceptance, and of the bolder, who discounted banker's bills frequently before ; bu: he asked no questions as to bow he came by it. The plaintiff was himself at Liverpool, and no bl.:ntc wes ins putalile to him. The Lord Chief Justice, who tried the case, Jeff it to the Jury to consider whether there had been a neglect of duainquiry, and put the suppositious case of a bill.hroker scribing over his door—" Brod bills discounted here, and no ques tions asked." The holder of the bill was a stranger to the plain 6V* clerk, further than that he knew his features, and knew him te hive discounted bills before. lie. SCAItLETT argued at considerable length against the rule, Mil was followed on the same side by Mr. PARE. Mr. Go Reny was heard in support of it, end cited a variety of oar': among others, he particularly ruled on the important one, "Lawson v. Weston," in which it was laid down by fiord Kenyon, " *at the holder of a. bill, even though it be stolen. is entitled to raper, if lie give good consideration for it, and had no guilty ///.,ledge of the theft and that it is not incumbent on him to *eke inquiry as to the way it conies into the pessession of the poe m bringing it to him " It was further objected to. the strong manner in which his Lords:lip put the case to the Jury, who, in spanking of the alleged regliicence of plaitititrio this case, and the iojory likely to ninth to the commercial Interest of the country if mach a principle were acted on. added. Suppose a person places over las door in f;ornhill, " All bills, wit': respectable names on them, disoounted here —no questions asked,"—the question would be, said his Lordship, whether such • measure would not effectually promote theft by affordior a facility to the disposal of stolen secu rities. Ile further submitted, that if there were want of caution avywhere, it was on the part of the defendant, who sent Cie bill to .i:.rmingliam, without a special indorsement. ' ' • • " Mr. l'ot.t.ocit followed on the same side. lie relied principally on the can! or •• Lawson and 'Weston," decided by Lord Chief Justice Kenton. The free circulation of increments of this kind wculd be paralyzed if bills were not recoverable for which full vs.ile was given, without any makifider. The limit of due caution was a term not easily definable nor easily to be tined ; a degree of emotion to satisfy the conscience was sufficient. if their Lordships eetertained any doubt, a new trial ought to he granted, in order a; the goestion, which was one of great public importance and in. treat to the community, might be trust by a special Jury. Ilia Lotdship at the trial bad put the case strongly against the plaintiff: The Loan Caine' Justrice said he certainly pot the point aleengly against the plaintifff Ile was not of opinion that it could Wait as sper:al verdict. Mr. SCARLETT replied. The Loan CIIIET JUSTICE, after the Court had consulted fora few minutes together, said, that if he were of opinion that another Jury would conic to a different conelewion from that at woe* the former Jury had arrived, he would have no objection to st.innit it to e revision, but in his opinion a different opinion would mot be drawn by any Jury. The case of "Lawson and Wellt011," de rid d by the Lord Chief Justice. wan hardly distinguishable from th.• presets case! hut in the opinion of the Court. if that eminent JuOtrt., Lord Kenyon. had contemplated the consequences of the de oast ;1 he had delivered, he would have paused before he pronounced Toe facility of converting bilk into cash,particularly of late years, Karr great encouragement to the robbingof mail:coaches. lie would deeply regret that any decision of his should tend to obstruct tLe tree commercial intercrurse of this country, but his opinion anis strong and decided, that to refuse a new trial in the present tenancy would be rather a protection than an obstruction to the tree commerce and mercantile Interests of the country. Suppose a was to present a bill two days after its date, and leave it rr is : n n sidevetiee • he tr.ight safely do so, u it was not possibl e Lts mbbery cold then be sespyr-ted in LoOdcia. The acceptance was found to be good, and therefore money given without any in quiry of the person . who presented it. This surely was not due and necessary caution. The clerk, at the trial, stated, moreover. that it was customary with him to discount prod bills without instituting any inquiries as to the person who presented them. This much he wished to he understood and known to the public, as to the case of " Lawsou and Si eston," that at least the law then laid down was doubted by this Court. What Lurd Kenyon then laid down was, in his opinion, inconvenient and dangerous as a prece dent, and one which this Court were unwilling to recognize. The other Judges of the Court delivered their opinions, which were substantially the same as that of the Lord Chief Justice. Rule discharged. - - - CM AGH O. COX. Mr. SCARLETT appeared to oppose a rule obtained in ibis ease to shew cause why a new trial should not be had. It waswn •lion brought by the purchaser of copper for sheathing a vessel, agamat the vendor, for not having given a sound and saleable article, as the copper proved useless after a first voyage to the West Indies; whereas it ought to bare endured for five years, if of proper qua lity. The verdict at the trial was for the plaintiff. The learned Gentleman cited several cases to shim that there was no need of a special warranty for goods, but that they were to be presumed by the purchaser to be of the goalie?, they were represented to be. In the case of " Laing and Pigeon '6 Taunton lu4 it was laid down that " a person purchasing had a right to expect a sound saleable article without a special warranty." This was a case which came within the operation of that principle, and he therefore submitted that the verdict should not be disturbed. Mr. GURNEY and Mr. Caateasat. supported the rule. The case of " Laing and Pigeon" was not in point, as it related to goods purchased by a merchant abroad from a manufacture in this coun try. Here the defmdant was not a manufacturer, but merely • vendor of an article which he did not manufacture. There was no imputation, even or latent fraud. to him, in concealing any defect that might be in the copper. Unless a particular warranty were given, the plaintiff had no right to recover, as he had an oppor tunity of inspecting the article, and in this respect was materially different from that of a transaction between a foreign merchant and one residing in this emintry, when an opportunity of inspection was nct afforded. Besides, it might have been that the copper was damaged from the effect of Aectricity, in the particular part of the world to which the vessel made its voyage ; whereas, if it went to another destination, it might have returned home quite un. damaged. It might be, also, that there was a latent defect of which the vendor was not aware, and for which he therefore was not responsible. The Loan Crites JUST:CE said, that the verdict of the Jury was warranted by the evidence at the teal, and by the declaration. The Court would, however, afford an opportunity of the point being argued by one Counsel on each side, next term, in order to decide upon the point (as we understood ), whether an opportunity of inspecting the goods deprived the purchaser of a right to recover, or whether the receipt of the value of the goods was not an implied warranty that they were in a sound and saleable condition. WEBSTER V. NEWTOX: Mr. POLLOCI appearedapppenred to shew cause why a new trial should not be had in this eeoc. It was tried before the Lord Chief Just ice at Guildhall, and a verdict given for the plaintiff. There were three grounds on which he understood his Learned friend (Mr. Brougham) intended to support the rule which he had obtained : first, that the alleged improvement for which the patent was ob tained was too inconsiderable to support the right of patent ; se condly, that the Jury found against the weight of evidence, which 1 1 went to establish that the invention was not a new and useful one, but had previously been discovered ; and the third ground of ob. jeetion was a defect in the specification of the patent. On the third and last ground lie (Mr. Pollock) did not intend to occupy the attention of their Lordship, as no objection was taken to the specification at the trial, and he submitted it was now too late to start that objection. The patent was taken out for an improvement which the plaintiff introduced in Forsyth's per. cusston gun. Forsyth had a patent for fourteen years, and on the expiration of that term of yews, the plaintiff took out the present patent. The Learned Counsel here submitted to the Court a skeleton pistol, for the purpose of explaining the improvement which was introduced into the manufacture of the percussion gun by the plaintiff's invention. It consistzd principally in superset!. ing the necessity of &screw in the lock el a gun, and which in frost or rain rendered this description of gun extremely inconvenient to use in the field, and by introducing in its stead a spring and a bolt, which rendered the gun fir fur use without having recourse to the inconvenient process of screwing and unscrering. As to the first ground of objection, he (Mr. P.) submitted that the invention was an important one, and deserving of a patent. It might be less im portant than ether inventions, but it was an ingenious one—it was the application of an old principle, to be sure, but then it was its application to a subject matter to which it never had been applied before. The same objection would lie against the most important inventions of modern times. The hydrostatic paradox had long been understood, but until the ingenious and important invention of Mr. Branish, by the applicatimi of that paradox to the hydrau lic press, the world were without the practical benefits which the theorem of that paradox was capable of yielding. The same might be predicted of every invention. The egg which Colun.bus made to stand on end was a simple illusttetion of his argument. Ile did not mean to deny that the principle upon which this invention de. pended was before kr.own, but it had never been applied to the particular purpose to which the plaintiff' appl:ed it ; and he there. fore was entitled to the merit of the ingenuity of the invention. As to the weight of evidence being favourable to the objection that the 1 invention had before been made, that was a question of fact which belonged to the province of the Jury to decide, and they had de. tided dist it was an invention both useful and new, which were the requisite conditions to be complied with under the statute of James 1. As the specification hail net been objected to at the trial, he would repeat his hope that their Lordship would not now be disposed to disturb the verdict of the Jury on that ground. Mr. PARK and Mr. Monett ft - Mowed on the same side. The latter gentleman entered at considerable length into a statement of the elementary principles of mechanics as applicable to the inven tion before the Court. He submitted that it was new, rt.-nl if new, it was unnecessary to prove that it was useful; it would be aufli cient to show that it was likely to be useful. All that could row he expected, in the present advanced state of science, was the applica tion of old principles to new subjects. . Mr. llnoucti.em, who appaired to support the rule, expressed a disinclination to follow his Learned Friend who last addressed the Court, in a discussion of the elementary principles of mechanics. He must, however, dirbent from his doctrine, as to the conditions that were requisite to give a right of patent. Ilia Learned Friend had said that it was sufficient if the invention were new, and that it was net necessary to prove it to be usefuL Ile hail for the first time heard such a doctrine. His Learned Friend deserved to have a patent for it ; it answered his own definition, for it was perfectly new, though not at all useful (much laughter). Ile (3lr. Brougham) could not see that this was a new invention, or that there was any nisch:mical principle newly applied in the manufac ture of this gun. The simple explanation of the alleged improve_ meet was this : that every wheel moving round an axis is prevented firm falling off, by a linchpin, or by a bolt grooved into the body, to which the wheel is attached ; that bolt may be within or with• out it. ll'hat he said of a wheel was of course applicable to every moving substance revolving round an axis. New this could not he called the application of a new principle. but an experi ment, which experience invariably conhrmed. It had been tried and applied in a thousand instances before, and applied to a thou. sand purposes. It might es well be said that if p a person were to apply the springs of a marriage to a broad four-whcel waggon, lie would have a right to claim a patent for the invention, because they had only been applied to carriages heretofore, and no other person had applied them to four-wheeled heavy waggons. (A laugh.) The ingenious and able invention of Mr. Bramah was not at all apposite to the present argument. It is true the principle of the hydrostatic paradox was before understood, but it was only under stood theoretically, speculatively, anti, if he might use the expres sion, generically. But to Mr. Itrainah belonged the merit of re ducing that theorem to practical utility. That a small column of water would resist the pressure of a great weight was before known, it was not before known how that knowledge could be made avail able to so important and so useful a purpose as he applied it to in the invention of the hydraulic press. The eases were widely different. The hydraulic press was the application of a theo retic principle to a practical purpose ; but the alleged inven tion of the plaintiff was merely making an experiment on the lock of a gun, which had frapiently been made on other locks, and which, in a variety ut mechanical implements, had been before made apparent. The Learned Gentleman pro ceeded to point out various instances in which this experiment had been made, and said, that if this were allowed to he an invention, any person might claim a patent for the :pplication of the lever, axle, pulley, screw, or any other mechanical power, to a subject to which it may not have happened to have been before applied. But admitting, which he was not disposed to do, that the invention was new and useful, yet the specification must be fatal, for it mentioned not only the present contrivance, but also " various modes and modifications," which were not act forth in the specification. It would seem as if this phrase was meant to convey a right of patent to every other contrivance where the same mechanical experiment (for he would not call it principle) may be called into operation. If, therefore, the specification were bad, he submitted that their Lordships would not refuse the rule. It had been ruled by the C.ntrt before, that it was fatal to a patent, when ten different modes of mixing colon's were act forth, but one of them failed to fulfil the terms of the specification. This was, be submitted, a parallel case, and on the same ground the present specification was bad. The Learned Gentleman proceeded, with his wonted ability, to cite se veral cases to ptiiut out the LAW in the specification, and to slew, that the invention was neither useful nor new, and that therefore the defendant, in whose shop the pla,fatiff was formerly a workman, was entitled to the advantage, at least, of having the case undergo the revision or another Jury. Besides. his Lordship had lett it to the Jury to decide, whether the invention was not too inconsider able to entitle it to the right of patent. This, he submitted, was a question of law : the question of fact for the Jury was, whether the invention had or had not been before discareretl. The con sideration, however, of what degree or quantity of improvement in the invention gave the patentee a right to the patent, was a conj. derAtion of law which should be reserved fur the Court. The Learned Counsel, in conclusion, contended, that his client was en titled to a new trial, as no proof was tendered at the trial of his har ing sold any guns according to the newly-alleged invention, as wan stated in the declaration. On this ground, in addition to the ethers which he sauced, tho reedit:* could not be sustained. The Loan CHIEF JUSTICE (the boor for the rising of the Court having arrival) postponed the further entertainment of argu ment in this ease. COURT OF COMMON PLEAS, FRIDAY. Nov. 19. mamas v. sowar. Mr. Sergesat PILL said, that in this case he had rather ,THE BRITISH PRESS, gular application to make, but being instructed t o ma k e i t , h e hoped the (:ourswouili lend to it their attention. lo this case trial tonleplate at Bristol, before thy Lord Oiler Justice (Abbott), at the last Assizes, and a verdict was hul for the plaintiff, da mages_ , one shilling. Upon this verdict, th e trial being fiir assault and battery, the Loaned Judge certified, and under the tad of Elizabeth, the plaintiff was deprived of his costs. The Cu 'Er Jusvic t —Why, Brother Pell, this case has been long ago decided. Mr. Sergeant PELL was aware of that. Under certain circum stances it was so. But in the cases so decided, the count on which the verdict was founded, set out the assault slid battery and false imprisonment ; whereas, in this case there were separate counts-- one fur the assault and battery, and another for the false imprison ment. $o for, certainly, there appears to me to he a distinction. The Cuter J usT lc E—i remember arguing a case, to be found in 2,1 New Term Reports. At the time I remember I was dis satisfied with the judgment, because of the deprivation of the li berty of the subject; but I believe the matter is now, and has long been settled. Rule refused. CONSISTORY COURT, FRIDAY, Nov. 19. Before eir CIIRISTOVUEI ROBINSON, Knight. DAVIS!._ DAVIS. This wu a suit promntii;i I);sles.illZ, wife of Mr. Davis, pro. prietor of the New England Coffee-house, Threadneedle -street, to enforce the payment of a sum of seventy pounds per annum, al. lotted to her by the Court, as alimony. A plea of adultery had been put In on behalf of the husband, against Iles. Davis's petition. Sir C. linnixsoar-1 thought the sum of 701. had been agreed on by both the proctors. Dr. Lusittworou said that no agreement IW:tq made between the proctors ; and this the allotment had been made by the Court, in complete ignorance of facts which he would state to them. Mr. Davis having discarded his wife on account of an adulterous inter course, she, after a lapse of two years, applied to him fur main. tenance ; he allowed her what he considered sufficiently ample, namely. 30s. per week. This sum she regularly received for a considerable time, until he found himself unable, from the decline of his business, to allow more than one guinea per week; which Milo the lady also regularly received up to the 15th of the present month ; am! in addition, 51r. Davis bad been obliged to pay several sums of money for her account, being debts which she contracted. The Learned Advocate stated that the 701. was, from Mr. David circumstances, more than be ought to pay, and wished the Court to rescind their order fur granting that suni. Sir C. ROBINSON—The Covet most have meant in granting that order to have acted upon the circumstances stated to their, justly between both parties. It would be hard upon one party now to rescind the order upon slight grounds, and that should not at all events be done upon sutenients • but should be rather matter of appeal. The Court must be supp osed; to hare granted the sum upon just grounds. LUSIIINGTOW—AII I mean to contend is, that as there was no party before the Court, it could have no opportunity of knowing the farts. Sir C. Rontrunsr—Oh ! it had every Resistance Abided ; it had the proctors all round. Pray did you address the Court on the occasion ? DI. LVBIIINGTOX admitted he had not, and contended at some length in opposition to the 701. Sir C. Rontwatm—As the order was made out to grant the 701. I am eon tent that if the proportion of that sum remaining un paid is settled, any alteration to grow out of the change in the party's circumstances glace the order was made, way he wetter lit for discussion. _ _ Dr Lusniwcrow—Then, in ihat case, the Court will consider the payments which Mr. Davis has been obliged to make, and al low them to be deducted. Dr. Art 'mt.!) opposed the reduction of the alimony, and said Mm. Davis had a child to support, which was born since the separation front Mr. Danis, and thia circumstance was sufficient to warrant the payment of such a sum. Dr. I.I:3HINGTOX then read the allegations made by Mr. Davis, in which he rested, that his annual income, after paying house-rent, servants' wages, &c. from the coffee-house, was 330/. per annum. The Court, in considering the sum necessary to be allotted, would not forget, in addition to whatever sum it would order, he would have to pay the entire costs, which, he was sure, would swallow up more than the whole year's income. They would also consider, that out of this 350/. per year, he had sworn that he expended 2001. per annum for the maintenance of his four children. It would re collect that his butiiness was of such a nature as to require his per sonal attendance, which obliged him to incur this heavy expense. Under all the circumstances, he trusted that 501. per annum would be considered sufficient for a person charged as she was with adul tery, for her own support, and that of* child, of which Mr. Davis did not consider himself the parent. Sir C. Rontasox, having perused some of the papers, asked what was the meaning of the statement in one of the allegations, that Mrs. Davis was living with Mr. Edwards, and with whom she had incurred a debt of IV. which he bad enforced the payment of from Mr. Davis ?" Was she in service with him ? Dr. Lusutxmrote—The nature of her services cannot well be stated. Dr. ARNOLD commented on the circumstances of 111 r. Davis, and contended, that ii he was able to allow 50!. per ann. fur the maintenance of each of his four children, 711!. was not too much to ellow for a wife and child ; and there was nothing before the Court which should induce them to enter into the statements alleged, whether he was or was not the parent of it. Sir C. host/SO: said, in a case of this kind, between parties in a low situation of lire, who had originally joined together in a busi. ness where the whole profits were to arise from a remuneration for their joint serrims, it was not unusual for the Court to look to what the wife ought to earn for her own support, in making an al. lotment for alimony. If the wife had withdrawn her legal services from her husband, the Court must look to it ; the ordinary course is, to grant a sixth of the annual income, which will amount to about sixty pounds, and which sum the Court will direct to be paid from this date, calculating that the former sum of seventy pounds will be cleared up. intirn V. eYirn. When this case was called on, Mr. %Vllliam Henry Carmichael Smith addressed the Court, and said he trusted that from what he had stated on • former occasion, lie should receive the sympathy and indulence of the Court Ile had been admonished to appe ar to the libe l; and he had in the first place to adroit the celebration of marriage with his wile, and to tender some papers. All he wished was, that the Court should hear them read; after which they might postpone the argument on them as they thought proper. The REGISTNAR—The best way would he tor Alt Smith to leave them with me in the usual way, that the opposite proctor may have an opportunity of seeing them. Sir C. Rom N SON—Mr. Smith, after what has already passed in this Coon, you are allowed to appear as your own advocate; as you have already appeared by Counsel, you should be informed you cannot have both modes allowed you; you will now make your option. Mr. Smith-3ly Lord, my case is a plain one; I sin aware that if it was a bad one the ingenuity of Counsel might be of as. sistance. I will plead my own cause, as 1 don't want to be im posed on. Sir C. ROBINSON—You must then take care to conform to the regulations of the Court, and not indulge in Language we cannot suflir here. Dlr. Smith expressed the greatest reveet fur the Court, and then handed in his papers in the usual manner to the Registrar. CORONER'S INQ UEST. An Inquest was held at the :Hewers' Arms, Mercer -street, Long acre, before T. lIIGGS. Esq. on the body of John Harrison. Hobert Pearson deposed that the deceased was in the employ of his brother, as a bricklayer, and was at work at No. 11, Mercer street. About half-past tour o'clock witness was at work on the same scaffold, about four yards from the deceased, ton the second floor, about thirty feet high,) who was working and singing to him self. Ile feu the board move, and on looking, saw hiat in the act of falling. He fell on the pavement in the yard of No. 10. Wit. rats went to his assistance, but found hint quite dead. The de ceased was afterwards conveyed to the Mercer's Arms, and a sur geon sent for; a vein was opened without effect. No part of the scaffold gave way. Deceised must have accidentally slipped MI the end. The tools fell with him. The board was if feet long, rather longer than the width of No. 11, where they were at work. James Savage, a carpenter, was at work at the same house. He heard his name alled, and on goirig to the window, saw the de ceased lying on the pavement. The scaffold was a proper one. Witness had known the deceased about twelve months, and never knew him to be subject to fits Alr. Charles Hamilton, Surgeon, of Upper St. Itlartin's-lane, stated, that he was called upon for medical aid, and his assistant instantly went; and he followed about ten minutes after, and found deceased stretched on a bench in one of the lower apartments of the Mercers' Arms. There was no appearance of life. There was a contusion en his head (the back part} Witness did not examine it sufficiently to say whether the skull was fractured; he had no hopes, but to give general satisfaction, lie opened the teniporal artery, and about five ounces of blood issued. There is no doubt but that the deceased (lied from the contusion. The deceased had not been many minutes dead. Verdict—" Accidental Death by a fall front a scaffold." Deo dand one penny. TO THE EDITOR OF THE BRITISH PRESS. St a—The great.grane.datighter of Daniel de Foe. the author of " Robinson Crusoe, " Colonel Jack," &e. is a supplicant, No. 1S on the List, of the National Benevolent Institution, in (heat ossell-street. She has, since the decease of her husband. although afflicted with rheumatic gout, supported herself by her int.astry, but owing to the loss of her little property by lire in 1816, her advanced age, (66) and increasing infirmities, is reduced to the greatest dis tress ; she resides, 14, Church-lane, St. Martin's. Daniel de F 11 1 .6 father was by trade a butcher, but the son exhibited an early taste for literature, and his works are well-known to the world. In 1702, he was convicted of a libel, and sentenced to a fine, imprisonment, and the pillory. Bat far front being ashamed of his fate, he wrote A Hymn to the I'illery." The Earl of Oxford's influence liberated him before the expiration of his sentence. lie died on t he 16th of April, 1131, in the parish of St. Odes, Cripplegate, leaving behind him a widow and several children. The Election t akes place on the 6th of December. P. T. W. Game, particularly pheasants and hares, waa ne•er known to be more plentiful in the neighbourhood of Taun ton than at this SCUM. POLICE. MANSION : HOUSE. Tli C g►arnse RaTe/OZEIL-40 ewilletilieree of the report of the ,:sse of Captain Uontez Venegaa and his brother officer in the newspapers, several c intributioss, amounting to ISL lie. were re ceived by :11r. nobler, and yesterday Captain Venegas attended and received the subscriptions. The LORD bistros said he was much gratified that the case had *selecd the attention of the benevolent ; but he lamented that this exorcise of humanity could only yield temporary aid to the un fortunate officers, who must, if smite plan of a permanent nature were not adopted, be in a short time plunged into as deep wretched ness as that from which they had just been relieved. This was, he had good reason to believe, not a solitary case, and there was reason to apprehend that there were many more refugees pining in want, and perhaps in despair. To be informed of this fact was, he knew, all that was necessary to the people of every rank in Lon don, to induce them to unite in establishing what it was evident was so extremely desirable. The lase of the funds of the Italian Committee will he dig. tributed to-day amongst the refugees (about 120 in number). They have been obliged, each of them, to subsist on 7s. per week, that sum being the utmost that could be given to Colonels, Captains. Ad vocates, Professors, and Magistrates. There are fifty Spanish re fugees who hare never received any relief from Government. Gt. ILDHALL. Two boys, named ClJl and Austin, term brought before Mr. Alderman WAITIIMAK, yesterday charged with rubbing their mas ter, Air. Taylor, printer, of Shoe-lane. It appeared that Mr. Taylor had missed great quantities of va luable papers, such as manuscripts, portions of a Lexicon, and other works, at various timer, and at length suspicion falling on one of the numerous boys be keeps employed, he charged him with the thefts ; the boy, after some hesitation, admitted the fact of his having been concerned with the prisoners in disposing of very large quantities of paper, to many of the cheesemongers' and pork. butchers' shops round the neighbourhood. The prisoners, on be ing apprehended, confessed to some of the robbertni, and Miser, another boy, was admitted King's evidence. The following arc only a few of the shops where the prisoners hare, at carious times, disposed of paper at the rate of 2d. per lb., the usual price being 41. for waste paper :—Mr. Gittir.s, Gray's- Inn-lane ; Mrs. Ford, {lhite's-alley, Chancery-lane ; Mr. Ste vens, Fetter-lane; and Mr. Hawkins, Fetter-lane. They identified the prisoners as the persons of whom thoy purchased the paper. Mr. Taylor complained of the facilities afforded to boys dis posing of valuable paper as waste, to persons who never make any inquiry, nor care of whom they purchase, so as they get it at a cheap rate. In some cases, however, it appeared that the prisoners had stated that they wine in ,Mr. Taylor's employ, and that the paper was their perquisite/, as the premises were going to be taken down. The Alderman, in severe terms, censured the conduct of all the above persons, and assured them that there was so nice a dis tinction beween their conduct aroi that of receivers of stolen goods, arcs riling to the Act of Parliament, that if they still pur sued this course, they would certainly appear some day at the bar of the OM Bailey. He then desired the clerk to read the Act re gaoling the receivers of stolen goods 1224 Geo. 111. cap. SR), and after a further admonition as to their future conduct, desired them to keep the paper to produce in Court. The prisoners were remanded. BOW-STREET. Citaacc or AnsoN.—On Thursday evening John Clarke, oilman, late of Nu. 21, .Mount Pleasant, Cold Bath-fields, was brought before Sir lticu•sto Mutely:, by Upton, one of the officer., on a warrant, charged with having wilfully set lire to his dwelling-house, with intent to defraud the County lire.offire. The prisoner is a middle-sized man, apparently about thirty-five years of age. Ilia demeanor while at the bar was perfectly easy, and free Isom anything like embarrassment or agitation. After a long examination, the prisoner W 24 re.nauded. 11ATTON-GARIEN. CONVICTION CNDEIL THE CANE Laws.—. Yesterday, Frets cit foster, a smart-looking countryman, was brought before W. L. Roowas. I:sq. in the custody of Head and Carter, two of the Bow-street patrol, charged under the 3th and 9th of Anne, with hay. ing certain game in his possession, lie not being a qualified person. The officers stated that they met the prisoner in the city, carry. ing a hag on his shoulder, and thst it might possibly contain stolen property of some sort, they watched him as far as Featherstone-buildings, Holborn, presuming that he would turn into some house ' • however, as he did not, they asked him what he had got in his bag, and he replied, " Pork." They then said they should see it, but he refused, and that circumstance increas ing their previous suspicion, they took him into custody, and, on searching the bag, found that it contained four snared hares, and one pheasant. The prisoner, In defence stated, first, that he had them of a qua. tilled person, but would not give the name ; however, ultimately, he admitted having destroyed the pure himself, and said, that be had permission to shoot on the grounds of a gentleman named Spicer, who has a large COW at Love Water ' High H'yeotnbe, whose woods were committed to his charge, and that at presets he (the prisoner) occupied a house of Lard Carrington's, from whom he had a similar authority. The officers stated, that complaints are daily made at every office in London, respecting the general havoc committed by poachers of all sorts on the different noblemen and gentlemen's estates through. out the country, frotn whence the game is forwarded to their con. federates in town, by va ri ous means. When the prisoner was first spoken to, he treated the matter with the mint perfect indif. &mace, and even went so tar as to give the officers a very tour_ tees invitation to go down and shoot on his grounds whenever they pleased. The Magistrate said, It was very clear how these things had been obtained ; but, however, the proof of possession by an unqua. filled person (which it might be presumed the prisoner was) in itself authorised conviction. The prisoner was, therefore, ordered to pay a fine of 20!., or in default thereof to be committed to the House of Correction for three months. The tine was paid soon after. TOLLS roe OVER-wEloaT.—Yesterday, Mr. Was. l'arnion, of 111illbank-street, Westminster, coal-merchant, &e. appeared to a sumnions, issued on the complaint of Mr. Samuel Monlock, Ma. sager of the Toll Gates to the Trustees on the Highgate and Hampstead Road, for refusing to pay the sum of 21. 14s. Pd. , being a charge for over-wcight on a carriage of timber, which passed through the St. Pancras Gate on the lith instant. John Page, one of the toll-collectors, proved, that on the above day, a carriage of deals, with four horses, driven by James Grist, one of Mr. Yarnton's carters, passed through the gate, the weight of which was 8 tons 3 cat. being 18 cwt. over the standard allowed by Ac: of Parliament, and the charge for such over-weight amount ing to 2/. 14s. Gd. he demanded that sum in addition to the regular toll, which the driver refused, and tendered a ticket to let him go through ; but he (the collector) said he would not, and detained one of the horses fur the money, as he was authorised to do by his employers in such cases. Mr. Yamton, in defence, contended that the toll-collector had no right to charge over-weight for any waggon or carriage of his, as he had entered into a composition with toe trustees to pay 2s. for all loads, whether light or heavy. Mr. Mordock said, that the contract alluded to by Mr. Yamton had been dune away by a new Act of Parliament. and referred the Magistrate's attention to the 13th sec. 4th Geo. IV. which put an end to all former engagements or agreements. Mr. Yamton observed, that he knew nothing of any such Act. The trustees br.d sent him no notice to that effect; and he therefore held himself still a contractor. On other trusts, when an alteration had taken plate, circulars were sent round to all persons who had contracted, intimating such alteration. Mr. Matlock did not conceive that the trustees were called upon to do so. An Act of Parliament was the proper circular. Mr. Yarnton then called another of his carters, named Pratt, to prove that he passed through time same gate on the 18th of Jul)! previous, which was within the periol required by the late Act, paying fur a much heavier load only 2s. 6d. ; being an admission, in fact, that he was then considered as a contractor. Mr. Monlock denied the possibility of such a cir ing occurred. Mr. Yamton undertook to prove, from his books, that a load of timber ow. delivered by his man on that day at Kentish Town. Mr. Sergeant St:t.t.tt NT asked Mr. Yamton what acknowledgment had he for t h e contrail ? bay. Mr. l'amton replied, that the ft-miters never gave any; they merely pat the peraons' names into a little book, fur the information of the toll.eollector. Mr. Sergeant SELLON said, that he never knew of any contract where both parties had not some document. It had been swom by the carter that he did go through the gate on the loth of June, by paying the mere sum specified in di: contract ; and unless that could be disproved, Mr. Yarntun must still be presumed to hold his light. Mr. Rooms concurred in this opinion, and the complaint was dismissed; Mr. Mort:rick being ord•imil to give up the horse. When William Dewhirs t, the unfortunate man who stands charged with the murder of his child, was conveyed from Union Hall, after his examination, to Horsemonger lane Gaol, on' Thursday, lie exhibited strong symptoms of insanity. He was immediately placed in the strong room of the prison, along with two men, who were appointed to watch him. In this place his conduct was described as that of a man labouring under strong mental derangement. Ile threw himself on the bed, and during the whole night talked in an incoherent mann' r. Yesterday morning, upon rising, lie was admitted into the yard, which he paced up and down, a al, apparently unconscious of all passing around him, kept constantly muttering to himself, thereby mani festing to those who observed his actions, the most decided symptoms of insanity. It in with painful regret we learn, that several persons have lately been bitten by mad dogs, at Watford. Ott Sa turday last, Mr. Church was bitten in the hand, and Mr. Birch, the fishmonger's son, in the ann. The affected harts were almost immediately cut out by Mr. Ward, sur geon, of the above place. Several dogs were also bitten. The rabid animal belonged, we understand, to a labourer I named Scrivener.• A man mar Gloucester declares that Salt is a certain cure for hydrophobia, as it has saved him six times after being bitten by mad dogs ! MARKETS. CORN-EXCHANGE, Noy. IV. Onr Pupplles of grain in general, this week, lug bees lo x which must he attributed to the prevalence of contrary wine s . samples of Wheat were scarce st,d dearer, as well as mUsk rat acrlptions. l'onsidcrably higher price. were demanded for 11.7 to-day, and an advance on slondav's rates of full 2s, was realised towards the close of the market it was • that our ports would not open for this article. The continut,c, adverse winds having kept back the supply of Foreign hi. 0 0,,,, have been expected for the last four weeks, good corn of scription was in demand this morning, and h. to 2s. a mt= e . tic.; than on Monclay. It is calculated there will be between s o t; 60,0011 qrs. of Oats bonded, being too late to enter for hou,.. sumption. Beans and Pea scarce, and full 2s. per qr. d•arft . OXBRIDGE. Corn Inspector' s R eturn , Nov. 111. Wheat, per load . 161 leo lo Barley, per quarter - . . 11 130 t 2/ - . 11 3o to - - 21 41 s ( pB / easmn ats s 11 146 t o 11 • NEW BURY. BERES, Nov. 18. Bb to Hes I Oats . . Wheat - Rye Barley 2111 0 4 m—s Bearts - 311 to 4fis Peas sel to - 461 le Bread, per gallon, Is Rd to Is Cd DLVILL.S, Nov. 18. Wheat and Beans at per sack ; Barley and Oats per quarts Wheat - 2fis Od to 3111 Od I -24 s to 314 Barley . 35s Od to dlis &I Beans . 2Zos to At fi Wheat Barley 1 neat - Barley . Wheat Barley HUNGERFORD, Nor. 17. 5k to 78s I Oats . Sts to les I Beans . 20i to h i l 4Ss w; SALISBURY, Nov. 16. to 66s Oats . 26s to 40s Beans . . 2b to ti • 4.1 to AI WARMINSTER. N0v.13: Ills to 19s lid f Oafs - 32 s to 47s ed 1 Beans fie to *l 4h to f•3IITHFIELD, FRIDAY, Nov. 19. At this day's market all kinds of Meat, except prime Reef, sir was stationary, experienced a fall of from 2d. to 4d. per cow 9ga Monday's prices. Beet . 3s 04 to 4s Iki Veal - 3s 84 i s k I Mutton - 3s 4d to 4 s 44 Pork - 3s 44 to It ki LEAD or CATTLE TINS DAT: Dews, 674 &seep, 4,180 ('aloes, '=W I Pigs, M. HAY-MA R K ET. Hay (PIO - Os 04 to 51 109 04 New inferior . 31 101 04 to 4! IS, t 4 Clover (01d) . 41 10s (hi to 61 Cs 04 Ditto (Inferior) . 41 Os 11,1 to Si es lid &Taw - 11 16s 04 to 21 hi 44 NEWOATE AND LEADENHALL-4/11 the Caere: Ikef . is 4d to is 4d I Veal - id so 41 ! Illutton . 3s Od to Is ad Pork - is 4d to Si o Pll ICE OF BREAD. The highest Price of Bread in the )letropolts is lid. for four.pound Loaf. There are others who sell from a haltptcop three halfpence below that rate. PRICE 4W POTATOES, Nor. I. Potatoes 31 lbo Od to W Ow Od per Ton. Yorkshire Kidneys Si Os Od ditto. PRICES Ok' lIA AND STRAW. IT. JAMES . S. WHITECHAPZ4 ItSy • GOs ed to Iles Id nay . 754 Id to HAN Ditto (New) —a Od to —a Od Inferior - Od to —4 Id Clover . 7:1.1 Id to 120 s Od Clover . lam Od to 12is Straw . SO4 Od to 15. &I Straw . 36. Od to tall PRICE OF HOPS, per Cwt. Nov. 19. POCKETS. ZAGS. Kent - 81 IN to Cl Rt Kent - GI Os to VIII Rumex . 61 Os to 71 Os Sussex - Sl 13s to GS lb Essex . 61 Rs to 81 Os Essex - 01 Os to 71 5 Farnham, tine IV Os to 141 Os---Secands 10/ Os to IV Os PR l(:E OF RAW PAT, per Stone of Rib. Price by Tallow (u stated by the Tallow Melters), t's 3d PR ICE OF TALLOW Town Tallow - 42 s Od Yellow Russia . 37s Od White ditto . 3as Od Soap ditto . SII Od Melting Stuff - 30 a BA Ditto Rough . Ids 6d V. SOAP, &e. per 1121 b. Yellow Soap • 716 lt Mottled . 7r. t Curd V - 21 pd Grave* - lit lid Good Dregs - 6 .i.; RA W Best }Tetras and Steers, per stone - 3s 4:1 to 38 Gd Middlings - 3s Oil to 3s 2d SHEEP Polled, 3s 10d to 4s fld !Sheep. Fells, Os Id to Os Od 11 PHICE OF LEATHER, per lb. Rutty, 50 to 5/11ba . . 20d to 21d Ditto, 56 to 661bs - - , 2!td to —d Dressing Hides . . . - 171 to 7.1 - Fine Coach 'fides -2.0 d to 211 - Lieu Crop Hides, for Cutting, 33 to 401bs . 16id to E' , ! - Ditto, 45 to 511164 - - - 18,1 to 211 Call' Skins, 36 to 401bs . Did to 21,1 Ditto, 50 to 7011,s - . - . 24d to 27.1 Ditto, 70 to 001hs - - - - 22,1 to 2.q Small Seals (Greenland) - - -17 d to I"! Large 14itto - . . - Did to ri Tanned Horse Hides . . . 111 to 1:.1 Spanish Horse Hides - - 14.1 to 114 - COAL MARKET, N0v.19- Ships at Markt& Pricy. 301 Newcastle . . S t " . d. . rls 9d to if: Ad 101 Sunderland . . 101 - . &a lsd to*, *1 [From the London New Price Clrrrnt) Fainai, Nov. 19. COTTON —The demand for Cotton, both in London and at Cat ontports, is on the most extensive scale : the first impulse given t, , :te market was the damage done to the crop in the United States., rt which the great increase in the manufacture, and consequert os tensive demand by the trade, has been the chief cause of the bit; market : the quantity taken on speculation is also great. The min here for the present week already exceed 10.000 bags; we eatinisa the advance in Brazil Cottons Id. a id. per lb., on Indian descrip tions the improvement is about id. per lb. The accoun:4 from Li verpool are equally favourable ; the purchases foe three days to tLis week are by to.day's letter, 20,000 bags. SUGAR.—The demand for 3luscovatles during the Ferret week has been steady and considerable; there is no alteration what ever in the prices. The Barbadoes Sugar sale on Tuesday vet off freely at the advance of Is. per cwt. In the Refined nutkr. there have been considerable sales of Grocery descriptions: fin , crushed has also . been in request, and is sans: there is little vars. tion in the prices of Refined Goods this week. Molasses 2fLs. 6d. In Foreign Sugars the 'ales reported are quite inconsider able; the late inquiries have not led to any extensive tear sactiatt The public sale this forenoon was nearly taken in; 90 chat Ilavannah. fine Ms. 6-.1. and 395. COFFEE—The public sales of Coffee have gone off rather heavily this week ; the Dorian' and Iterbice middling and at descriptions have glean way Na. a Ks. per cwt. The qtranti . y Domingo prepped on the market, and the considerable arrivals sr ticipated, have created a great heaviness, but we believe there Brett sellers at any reduction ; the quantity at public sale this week Its been taken to Sfts. a 605., and we think there are buyers at Sat 5111. Gd. Jamaica, and other British Plantation descriptions. MI! support the former currency. There were two public sales this fore noon; the wlaule went off steadily at full prices; St. Dowa'P' rather higher; ordinary Ms. a 595.; La Guayra taken ia: thew was scarcely any British Plantation in the sales ; the market"' day may be stated heavy, but the prices fully supported. exception of Berhice middling and fine descriptions, which • have de. dined during the week, as we lute stated, 6s. a Ba. per cwt. IMPORT OF FOREIGN BARLEY.—The Ports marine shut against the import of Foreign Barley : the price a t which in , port takes place is ilk. The aggregate averages t a ken to.dsy three o'clock is 3fis. TA LIA IW—The Tallow market remains heavy ; new Yell° candle Tallow, Sys. SILK.—The prices of silk are a shade lower ; the market is hal at the decline. COCOA.—By public sale on Tuesday, 711 casks Grenada Coeds good quality, sold Ohs. a 113 a. 420 bags Brazil, by public sale 6 12 forenoon, 414. a 4110. SPIC ES.—Nutniega continue in great de:aand ; the pried have advanced to3s. ltd. als with the On the 17th inst. by the 211 Re A v R . t ß ,.h l risw Elr phir . sows. Gone chow. ley, Esq. of Howsham, in the county of York, to Hannah, ekl' .l daughter of John Robinson Ennuis, Esq. of BOCAOO, in tile saws county. Thursday, at St. Pancras New Church,Arthur Taylor, E.g. so of John Taylor, Esq. of Norwich. to Elisabeth Emily, yosmae 4 , 11.tughter of the late Commissioner Lane, of his 31s t iesty's Roy , ' Nary, and niece of John Lane, Esq. of llunter-street, Brans. wick.w4itare. DIED. On the 14th inst. at his house, Kingsland-green , Richard Gale. Esq. Chief Clerk of the Bank Stock (Mice, after a acrylic of Ur wards of forty eears in the hark of Ent;land. On the 14th in.c. at Eastbourne, Lucy, eldest daughter of the late Rev. Sir Wm. Wray, Bart. of DarlCy, in Derbyshire. On the 15th inst. at Bath, aged 37 years, Henry Schnaber. Erge third son of the late Wm. Schreiber, Esq. of Michelin 1.44 4 New Forest, Hants. HIGH WATER THIS DAY AT LONDON BRIM Ie Horning II sin. after I. • I___Afteramee Printed at THE BRITISH PRESS 01118 b. by. 1.1111.4 41 0 .1 0" 181. Sumo, and publiebol by R. CAS SON, OW $ lIDES. Ordinary - 2s ?A te 14 , Market Calf (eseh) - 1 i SKINS. Os Od I Downs, 2s Cl to Lambs, 0 ad to Os Od