The Sun. — London, England, 1802-11-18 00:00:00

LAW REPORT. COURT OF KING's BENCH, Nok. BOV EY V. BULMAN AND OTHERS. Lom Ett ENB OROVGH delivered the Judgment trf the Court upon the Motion made to arrest the judgment in this Cause. It was an anion against three Defendants, for so negligently loading a cart with treacle, that the same was totally lost._ The Jury had given a verdin against one of, the Defen dants only; the other two they acquitted of the negligence imputed to them. The ground upon which the Motion in Arrest of Judgment had been made,_ was, that moan anion arising ex co'ntraa4 to do a particular thing,, the verdil could not sepa. rate.the Defendants, but that it ought to he the same with regard to all of them; consequently, that the verdit in this case, having exculpated two of the Defendants, could not constitute the fOundation of a 'judgment against a third. . His Lordship said, it was the. opinion of the Court, that in anions against several persons, for a wrong committed by them jointly, the acquittal of one or more of them did not preclude the Plaintiff from having judgment against the others. The. Rule to arrest the Judg ment was therefore discharged. It being what is called a Paper Day, the whole mornin ,, was consumed in heating arguments on dry abstradquestions of Law, the detail of which would afford no amusement to . the Ptiblic : they are in teresting only to the Profession, who may hereafter' refer to a more copious account of them than our limits would admit of, in the Term Reports. In the "course of one of the cases, referring to a point of pradice on the eonstrunion - of an Ad of Parliament, Lord ELLENDOROUGH and all the Judges lamented, as an intolerable grievance, the extreme inaccuracy with which many of the Ads • of Parliament relating to judicial proceedings were drawn up.--In the particular instance before the Court, the An of Parliament on which the question was raised, ,was palpable nonsense, and rrretity unintelligible. It was replete with mis takes, and many words evidently intended to be inserted, were omitted. There were also a num.; hereof statutes which formed the foundation of the proceedings of Magistrates, to which the same ob_ jenions/applied, and Magistrates had frequently complained of the inconveniencies to . Which they were subjened; in consequence of The loose and invorred manner of penning Aas of Parliament. It was much to be wished ,that such of our Legi slators on _whom the care devolved of framing Ads of Parliament for remedying defeds in the Law, would have recourse to the advice, and assistance Of those persons who, either as Magistrates or _ Lawyers, were best enabled to inform them. The Hon. CHARLES 'YORKE, Secretary at War, appeared .in Court, and took the Oaths of Allegi ance and Supremacy„ WEDNESDAY ) NOV. 77. DUNCAN V. REEVE'. GARRow moved, that this Rule be made absolute, upon an affidavit of service. 'This, he said, was the case which had been several times be fore the Court, in which the Defendant Lad been held to bail in an Adion of Trover for 5001. and this Rule was to discharge the Defendant on filing common bail, and to call on the Plaintiff and the Sheriff's Officer who advised the arrest, and acted in it, to answer the matters of the affidavit ; and that, in the mean time, proceedings be staid, i\to cause being shewn, the Rule' was made absolute. Mr. BuRRoUGH moved for a Writ of Habeas Co;pis, to be,aireded to the Keeper of the Corn mon Gaol at Devizes, commanding him to bring up , the body of George Marks to be discharged, on the ground that the Commitment, under Which he is de tained, is illegal. It 'appeared that he was committed under the au thority of the 37th of the present King, c. 123. which Ad was :made to prevent- the administering mu moos oe seditious oaths to persons in the Service of I OjCS &c. but the case of this person did not come under the description in that Act of Pat-- lint-tent ; and therefore, if the Defendant were now in Court,. he would be entitled to be bailed. The Commitment stated, That on or'about the month of June last, the Defendant wets present, aided, and assisted, at the administering and taking of an Oath, of an engagement contrary to the form of the Sta tute.. The Commitment did not specify the ground on which he was committed, and there was no of fence mentioned in the warrant of commitment, other than " being-present and assisting at-the taking of an Oath contrary to the Statute." Lord ELLENRoROUGH—" That is, of itself, an objection to the Commitment, for a Commit ment which states no more than that of administee. ing an oath contrary to the form of the Statute, is, on the face of it, a bad CommitmenL" Mr. BuRRouGH said, that the fad was this : The man who teas thus committed, was, some time in June last, at a public-house, which he went into for the purpose of having some refreshment. ma n of the name of Bailey came in, and it appeared that he had taken some cloth instead of wages that vere due to him, contrary to the Ad of Parliament. Knowing that he was in the house, the company rent fbr him to come into the room where the,De icadant wassitting with Them. Tpey : sent for him ; the man c;:rnee he was told that he was charged with having received' cloth instead of money for wages, which were due to hie', The man said, " he had done so, he was wrong ; 'and.said he would sWear never to do so again ;" upon which he took up 'a book' which was lying on the table, and said " he would swear never to do so again," which he did, and so it ended ; but some people saw this sort of oath, never to take cloth instead of wages, with an evil eye, and so the Defendant was. com.. Milted for ad ministerink an oath contrary to the form of the Statute: - /Lora ELLEVBCIROdGti Said, that this defeilivt: shoulii bc Cured.' • Writ Granred. Mr. Bußßouoil saiU, he had a similar Applica. tion to make on behalf of a person of the name of Edwards. ''` t Mr. JEKYLI, said, he -bad Motions of the sl me kind, on the part of 'iliree others and the Writ rent also to the Jailor for them. HALLOIr_E'EN. (FROM THE EDINBURGH WEEKLY JOURNAL.) The sports of Hallow-e'en have been described by the fascinating Burns, bur, whether in a way to deter from indulgence in them, admits of a doubt. That they have in more than one instance terminated fatally,- we-have heard ; that they did so in one instance, and that so hut as last wed:, we know. Wesive the following particulars from authority, and our informant trusts that they will prove a warning to inconsiderate youth, 'to betake themselves to amusements more rational; and less likely to be attended with Unpleasant ebnsequences to themselves : The ceremony of sowing hempseed on Hallow. e'en is known to most of our .readers.. A young girl of the name of Isabel Car, servant to Mr.. 'Mathewson, Type-founder, would needs, keep her . Hallow e'en on Monday week ; and notwithstand ing the earnest remonstrances of her master, who represented, the impropriety and absurdity of prying into the secrets of futurity, she would not be dissuaded from sowing her hempseed on that night-. About ten o'clock she accordingly went into the" foundery alone, with a light in her hand, which site placed on one of the tables while slid perforMed her incanta tions. .She walked through the shop several times pronouncing aloud_, the words used on such occa. sions—and so anxious was she to see something, as she termed it, that-(having seen nothing) she-ga thered up the seed to sow it a second time. In the course of this second sowing, according to her own account, a tall meagre figure presenred itself to her imagination! She shrieked aloud, and ran imme diately into the house, all the doors being open. After relating what she had seen, she went to bed, placing the Bible under her head ! She rose oraues day, and went through the labours'of the day in apparent good health, but in the evening seemed somewhat timid : she, however, had her supper, as usual, and went to bed without any symptoms of fear. Next morning she was called, but did not answer ; again she was called, but still no answer. He was ordered to be committed and to be brought up to receive the Judgment of the Court next Saturday. Li )N DON : Printed.by I“ICII. 2 tN AN M`\ll J lAN, tot Bow-Street, (.:ovent-Garden); and- Publisbcd by %\ :ANT ARM iGIR SCR I'M, (ot"Siputit Moiton-street, rosvenor 7 *vare) ; At the SI:N-0141cl, Ni). . curd ; where - A:Pvertisernergir, Orders for the • Papr i Letters fur the Editor, &c. (post-paid), must be addressed. WHEN Professional Men of' Education and Responsibility deviate from the general SYs telli on• te the selection ofa peculiar branch, the samttlon of long tinned success is the best criterion of superiority. 11151/e Eight years•have I devoted my. practice to the , esi; of treatment of Three Disorders and the successful r es", ' tny plan gives me additional ardor ' to oppose, as tar as 1 . o st able, the ravages of those Complaints which ate the important in the Catalogue of }lonian IlltirlilitieS. r eoo. After initiation into every - Branch, as an Army Sur), I formed a wish at an early period of Icractiee to rOCticoG clividuals frcnii the' ignorance of unecio eated melt, ° r equally dangerous precipitancy of general l'raditiorter s • deo The Three Disorders; to the Cure of which I iiii v eet:' voted my • - attention, comprise every species of Vb .- 0- RE AL ,INFECTION, whether of a recent or. Iro ration: zdly, All kinds of debility, whether arising 0 0 4 the habits of -school •b; - )vs, or the intiltigenc. - es •1 : 11 vve age: And, lastly, t.iat derangement of the syste.to teen which is called 13A RRENNESS, or ST E Rll. ll J ost ° • Numerous Diseases are the result of ignorance, or in the treatment of a' simple Gotiorrhcea; and it °fee. " frequently -happens . that the , seeds of Life are polv e r r .11 4 : 4 the indiscretion of an unguarded .hour.,---By suPer'wlic-, thqd such Complaints are easily cured ; and , eve l ' der " others- have laded, I trust that I may presirrne td or radical te,establishnient. .ires s f; . Few, however, are the cases of complicated do • i ; this disorder, compared with the ca l amitous• situatiel r t be a Men, .who, from an indulgence in a solitary . ,- i ce• a 5 131 1 ,i prevalent gaieties of a fashionable lite, acquire th f st ic of Debility, which is the-unavoidable consequence ° pernicious habits. be Where the Unhappy sufferer broods over his carefully' cone eals tits Misfortune, it may be s"":_ c e i e el °) lation tel to know, that although it be an ' r i s . 7o ::• doubt or uncertainty with other Frac:nt }t aw of these. DetiCiencies by the -gradual progress 0! tion, is the. acquirement of gay Experience. V,.',"„ou‘f Of liacchus or Venus ha(te began to reduce Alacn.11):01,0C; much anxiety will he prevented by ail call`' 110 he e l tion of this• - aanguid State ; and in these eiises , oi NV micro this ty will occur. , a prOt i „ 11 t ;D nc. eficiev hastier year s exist' c perseverance v indispensably - equisite t o re i v ."' t t '' o ering Sparks of bite, and to re-animate the Coti f N .l A R EDWi.) EN, fro have long b een "' rfot in their expectations of a Family, may be 35si,r ;ca i ski mosttnstanceS, deeds are co rable by me% dc or.%';, ; , secresy which is so essential to rnY. o ` so re, t„ . , c o and the qualitications'yhich I have presumed t a witi , red the basis of my . preteitsions, and ,in. 430 11 5 t ' l O this intimation is giver, that Mr. Free n".Y, No te), • 3 Fa personally, or by Letters . (inclosing a sataii tr house, No. en, Arundel strcet, •Strand, near % "' rot: est i There is an additional Entrance i.n tilitefrihe bNerarent the el.isioitki }(oral i cti,i)ficLot.orc,s; 5 ro of , e • PRkVILEGE FROM ARREST. A Rule had been obtained by Mr. LAws, on the behalf of Sir Robert Stewart, calling- on the Plain tiff, at whose suit he was arreAd, to spew cause why he should not - .be- discharged, on filing com- Mon bail ; and why the .Attorney who had lodged a detainer against Sir Robert Ste Wart, should not pay. the costs of this application. It appeared that Sir Robert Stewart came from Scotland for the pur pose of attending an Arbitrator in London, as a. Witness, in - a cause which had been- referred. arrived on tile 23a of the last month; on the 24. th, in the morning, he was arrested, which was an illegal arrest, inasmuch as he was privileged on account of'being a Witness attending. to give his evidence in a cause. In the afternoon of the :Jame day, a detainer-was lodged against him. at. tile suit of another Plaintiff; by leaving a bailable writ, - in the usual way, at die Sheriff's Office. This was done by another Attorney, who knew nothing of the. first-arrest ; and the question was, Whether-he was'entitled to be discharged out of custody upon the second arrest, as well as the first ? Mr. HOVEL •contended, that the purpose for which this Gentleman- cnme, was over, and that the Plaintiff lodged, in due form of law, his writ, .the operation of which was to detain the Tie fendtrnr. That it was indifferent to the Plaintiff how he happened to be in the custody of the Sheriff; it was enoughior the Plaintiff to find him there ; the Plaintiff, in this Fast adion, being no party to the first' arrest, nor knowing any thing-of it. That the distindion was this—lf the Plaintiff, in the second action had been .privy to the first, and avail. ed himself of the illegal attest, in order to detain him upon the second action, it would have been an illegal ad to detain him ; but here the Plaintiff in the second action knew nothing of the first, and therefore the operation of law was,' that being"in the custody of the Sheriff at the rime this writ was left in the Of it operated as a detainer against him. It had been laid down by Mr. Jus tice Bite ER, in a case where a Prisoner was super setlable, but not adually suiersededi that a de tainer against him was good, for although at the time of lodging the' detainer; the Defendant was entitled•fo his dis Charge, yet it was a matter per feCtly indifferent to the Plaintiff, he. found him in custody, -. and the operation of law was, that he must there rethairefor bail, if a detainer was lodged against him. • Mr. LA:ws contended for this proposition, 46 That as the first arrest of this Gentleman was illegal, nothing that was built 'upon 'that arrest could be legal. But supposing that the.first arrest had never taken place, Rbbert Stewart would have been privileged from the -second, since he had not been guilty of any dday return home after he had been attending the Arbitratori' Lord E.I.LENIIbROUGH said, there was no doubt that a Witness attending to' give his evidence in a Cause before an Arbitrator, was as much. privileged from arrest as if "attending in . the same charader before - 3 'Court of Justice.; and that he_could not become liable to arrest in his, way home, unless he had been guilty of delay..—Here it did not appear that the Party had been guilty of any delay he was entitled to be discharged, - and therefore the Rule for dischaling him should' be iliacie absolute. The Court thought at first, that it' should be with- , out costs ; but, upon \ further' consideration,' his Lordship' said the protedion the Court wished to afford to Witt esses in their attendance, would not be effedual" unless this Rule was made absolute with costs.—Rule absolute with costs. THE KING V. WINTER. Mr: JARI.- is moved the Judgment of the Court on Thomas Winter,whO was convicted betore the Chief Baron of Exchequer, at thelast Assizes for the County of, Kent, for' unlawfully having in Lis eossessiOn 'Naval Stores belonging- .to His Ma jesty,` marked with the Broad Arrow, contrary to the Statute. It appeared from' the Report of the Lear* Judge, thiit on' the r9th of March a Witness went to the house of the Defendant with a warrant to search it : told the Defendant he was come ,to search his'house for stores. He found nails on the, floor with the Broad Arrow on them ; the nails were new. In the parlour he found two pounds of nails perfectly ew. All the nails with which the bxirdS of the h use were fastened, were with the Broad Arrow crt them, entirely new. The De_ Pendant said he bought, them of children, in some chips they brought him, but he did not know who they were. All the nails found were only of the value of four shillings. , Some hinges and a lock_ box, the Stores of the Navy, were also found at the Defendant's house-, which, he, said, he was building for 1 imself, saying that he was his own Carpenter.. The Defendant's good charaler was attested by three. Witnesses who.knew—him for some time. The Jury found him guilty. 111 r. GURNEY addressed the Court in mitigation of punishment, Dina Mr. GARROW and Mr. JARvis for. the .Prosecntion : both these Gentlemen re minded the Court that these things cannot be allowed to be past over lightly. . Lord . I;LL.ENBUROUGH said that this was an . of. fence of great magnitude, of wide extent, and alarming frequency. • The Defendant must now stand committed. • The Defendant then addressed the Court in a speech of considerable length, in which he'protested his innocence as to intention, and remindedfitheir Lordships that he bad, as a Freeholder of the Coun ty, and a Freeman of the City of Roches - ter, always supported Government and voted for the Ministerial Candidate, and had always opposed the Seditious, &c.. At. the end of his Address, he fell upon his knees, `'and made some asseverations of innocence, CON '.lo'l PLEAS,•Nev . . 4: BROOKS 'L'. LLCrYp. This was an aftion for Board and Lodging, prci-, vided to the Defeniant's Coachman.' Mr. Serjeant SHEPHERD said, that the debt de manded was exceedingly small,' only zl. i zs. and yet he should find some difficulty in proving it, un less the trial was suspended till the arrival of a ma terial 'Witness, Mr.Serjeant BAILEY replied, there was no Occa sion to postpone the - trial, as he was ready to admit the debt, as his .defence was -that of •Infancy ; and he meant to shew that the Defendant was under age at-the time he cont raCted the debt 'and as the Plain tiff hadmot Stated in the Declaraitha that it was for Necessaries, by the Law of the Land it could not be. recovered. - Mr. Set jeant SHEPHERD observed, that if Infancy was meant to be set up in defence, be did not know Where to find language. to express his' indignation. The Defendant was a young man just r retorned from College, the son of a man of considerable wealth, who was also a Representative inParliaent, and of the first repute in the County of 'Stafford. The young Gentleman, who had pleaded Infancy to avoid the payment of 21. 12s. thoiigh . if had been expended in support of his Coachman, did not mind giving roooh for a race-horse. The Learned Counsel was proceeding, when Lora ALVANLEY remarked, that whatever were the merits of the ease, the question before Elie Court was a dry question of faet ; was the Defendant an Infant at the time the debt was contraacd, or was he not ? It was only necessary to prove that. There was no occasion to state matter for the sake of filling the Newspapers ; they could not alter the Law, Let the Public attend to this. Mr. Serjeant STIEPHERD bowed to tilt Judge, and the proof of the Defendant being tinder age, devolved l on the mother-of Mr. Lloyd ) who stated, that she was brought to bed of her son Francis, the• Defendant`in the present Action, the t stli -of June, 178 i ; that she did lie in at the house of Sir John Wrottesley; at Shiffnal, in Staffordshire, and that the Defendant was baptized at the parish of Pirton, in the sarrie county. Another' Witness was exaniined, who deposed as to her being pre sent at the birth. The- debt was then proved to have been contraEt ed in the month of February iii , the present year, five-months before the Defendant came of age, con sequently a Nonsnit was, entered. PREROGATIVE COURT, ~ DOCTORS' COMMONS.—MONDAY, Nov. I's%, WARNER V. WARNER. Tars was a question respeding the validity of the last Will and Testament:of Thomas Pilgrim Warner, Esq. of Surrey square, deceased. ( It ap peared that two Papers were, propounded by the Executors on behalf of the mother, - and one of the sisters of the deceased ; the.one Paper purport. ed to be the instrudions of the deceased, the other a draft written from the said instructions, but not signed by the deceased. -These Papers were op.: posed by a sister, brother, and nephew of thc de ceased, who contended, by their Counsel, that at the time the Testaior gave the instructions, and long before;and up to the moment of his death, it Was manifest, from the evidence produced belare . the Court, that he was a deranged person. On the part of the Executor it was stibmitted, that although there_ was undoubtedly strong evidence of insanity in the deceased at times, yet at others there was sufficient proof of lucid intervals, particularly in the evidence of the Attorney who took the instrudions from the deceased. The Learned Judge, after going minutely , into the evidence respeCiing the state of mind and con dition of the deceased, was of opinion,- taking all the circumstances into considgration, that the two Papers did contain the real mind and intention of the Testator, and accordingly pronounced for the same. A daughter of Mr. Mathewson's then rose, her, and found that she was very sick, and that sh e had been so during. part oldie night. Tea was OT't dered fp r her, but before it could be prepared , was seized' with a stupor ; the pulse became st l l the breathing difficult, and the hands swollen and blackish. • A Medical Gentleman was instantly called; h e said ,it was an attack of an apoplexy', which she could not survive more than ten minutes : a nd in, rather less than that time she expired, the blood bursting from 'her nose, mouth, &c. The, Surgeon, - went CO on being informed of the transaCtions of MondaY night, was clearly of opinion, that the impression _ made on her imagination by the fancied apparition: was die cause of this fatal catastrophe. We have given the particulars of this Lull?' tunate affitir so minutely,. because reports inju rious to a very worthy man, have none abroad orl the subject. It has been stated that one of Mr' Mathewson's men concealed himself in the fou"' fiery, to alarm the girl during her foolish probati""' It is false. Mr. M.-'s people leave of work at eigh t o'clock; this happened at•ten, and there Was'noi a soul within the shop but herself. It has been 13r ther stated, that she fell into a faint on the app",r ance of the-fancied speetre, and was 'left to die that situation. • It will be seen, from the i 1-)oveotii thentis statement, th a t thi s i s an absolute and a most malicious one. " On the 29th of the present month the El' ) State Lottery commences Drawing. Three Pri .4e : of Twenty ThOu s and P o u n d s i n t h e present Ye 3 l have been sold by .11.1cFiARDsoN, GoooLucx. o ` .l Co. N 0.4.8,318, a whole Ticket ; No. 71 0 5, 48,752, in - Shar; they are also the only pe rson: that ever sold two Prizes of Thirty Thousanu Pounds in Sharesi No. 12,807 and 26,883. Tickets and Shares are on sale at the Offices Bank,htiildiog s ' Cornhill, and facing.the Gate of the King's Mews , Charing-Cross, of Rtchardsoni Goodluck and Co. VIIP NEWS. , . CIAVF.StND, NOV. t 5. . Passed by, the Elbe, l,andhals, from Hambro' ; Endrag ht4 —, froth Etabclen - • New Bennswick, Burdett, trorn i 4". maica ; Marquis of Low, White, front Ostend; Vt-: ° '' s :l limnedt ; Niepttinus, Hart, and Vr ow •Yanke - --- 7 ".°- , Rotterdam. , ble, saiAgnes,led—thefor losHoecih Dukenduras , Woodward, •f of Kent, Knowjestlr Charleston ; V for ; ~ enera Amsterdam ; Versigheit, H.tasuart, knit the Daphne; 431 w merwaldi for •Rotterdarn. 11 , 21RRIED. On Saturday the 13th inst. at Mary-le-bonne Church, the Rev. William Drake, Lord Binning, sun of the E 4" Haddington, to Lady Maria Parker, daughter of the ° • Macclesfield. John Cross, Esq. of Lincoln's-inn ; Barrister at Latin' , Miss_Margaret Hyde ; of Ardwiek, in Lancashire. DIED. ;1 1 On Tuesday evening, after a very short Hitless. 1 % - b l ' . Coney ; ' Esq. of Winthester-placri Pentonville., . o f On the 2,3 d of Odober last, at Vienna, in the goth his age; General jerningham, nep-hew to the late Sir 6‘ 76 ', 1 '; Jerningham, Bart. of. Cossiev, in Norfolk. He served, 1 Y:- wards of fifty years in - the Imperial Seryice, and was C''''.;,;s berlain to the Empress Maria Theresa, and to the Eil'l'' - Joseph; Leopold, and Etancis. . PRICE O! YESTE Rank Stock jBo 74 Navy ; per Ceoi lot look ; per Cent. 1797, lba '9?i f Irish'; per Cent.. 9.74 4 per Cent. Con. 8; • 3 per Cent. Red. 66i I 6i 3 per Cent. Con. bzi' 8 7i a t.itto Scrip Bank L.Ann. rg 4r-16 !)itto Short Ann. 4 7-14 Ditto Scrip ;;TOG'KS, RDA:r. India Stock South• Sea Stock Excheq. Bills s. s. Fundable ditto • prein. 3d Exchequer Bills dis. Omninin 104 dis. Impel. 3 per Cent. 650 Ditto Ann. Bank for opening India for Acc. Cons. for Ace. „Eli S 71.1 WANTS A SITUATION, .: AS GARDENER,' a Young - Man of uneXCit:j tionahle Charaaer, who understands Hot-houses i` Green-houses,, , Kitchen Garden, and Forcing in general•ecds, Direct for j. F. P. Gray and Wares, Nurpry and 5 men, Brompton Park, London. _...4 ~. th t th, fie ' 4 11 , str,