The British Press; or, Morning Literary Advertiser. — London, England, 1822-12-24 00:00:00

TD THE EDITOR OP THE BRITISH PRESS. g ia —By giving insertion to the fullowing Rules for ascer taining the age of a horse, by inspecting his teeth, you will render to many of your numerous readers a very respectable v ivioe. I have myself considerable dealings in this way, did have always found a reference to them extremely useful At from two and a half to three, years old, a horse sheds n both rows the two centre teeth, and is then said to be a three. ear old. At from three and a half to four years, ho Imes other four teeth ; one on each side of those he Inst the preceding year, b.ith in the upper and under jaw, having the bur outside or corner teeth remaining. lie is now called a bur-year old. At from four and a half to live years. the four :enter foal teeth are cast, and then he passes fur a flve-year old; at full five years the flesh disappears, and the corner • teeth become complete shells, hollow within; the tusks have now pierced the gums, and their points may be felt with the Anger. At from five and a half to six years, the tusks become •,fa moderate size, sharp, the inside; fluted, and the o Ige nest the gatherers thin; he is 110 W called sis•year old, which is the most valuable age. At from six to eight years old all the gatherers are full, having only a brown speck on the top; the corner teeth havebecome much thicker, and the tusks longer ; hut as the speck remains with many horses for several years alter, a person who is no judge will be told that the horse is teat more than six years old. At eight to ten and upwards : eight the bean being generally worn out from the teeth of the under jaw, the upper jaw mar be examined ; at nine, the ,peck of the centre ; at nine and a half, that of the middle; sad at ten, that of the corner teeth is effaced. Theo the horse is said to be aged, and to have lost all mark :—the age can on ertger be known from the length of the teeth, but a probable conjecture may be formed from the length of the tusks. December 13, leas. A YORKSHIREMAN. FW 7-- TO THE EDITOR OF THE BRITISH PRESS. Sta—ln the country when any danger awaits us in turn mg oc•t of our road, ►he proprietor gives every traveller a , lotice that " man-traps and spring-guns are set in.these pre mises," and every one may benefit by the admonition. But Ia Loodoe Tun are laid for the unwary io every street, sour country fblks arc perpetually canght on passing the premises of some fraudulent proprietor, and even those who have lived within the sound of Bow bell all their days, fall as eadily into the snare as their country cousins who come up flr the first time to see Westminster Abbey anti to buy bar gains. Now, Mr. Editor, in imitation of the notice-boards above adverted to, I have often wished that the word " newanz" was written in large capitals in the centre of .very shop-window which announces any such intelligence as the following : " Selling of, miasma reserve, the proprietor going into an other tine of business." I" Selling off, at prime cost, as the whole steel, of this shop most be sold before Saturday nett." " Selling of, wader prime cost, retiring from business in a fcw days." " Selling off, calmer prices than any in London, the lease of the house to be sold." " Selling of, greatly beton, prima cost, quitting this line • , f basilicas. The lease of the house to be sold, and the ',re viles is be cleared by the ►st of next month." "GREAT Baae►tsss.—Tbc stock of this shop to be sold ott for the benefit of creditors, considerably under prime cost." " To be sold, for the benefit of the creditors, the stock of tl is shop, which must be cleared in cue meek, by direction of the •aignces." If the caution I have suggested could be carried into effect, . ere would be much fewer tricks spew raavELLeas. I am, Sir, yours, &c. • A SUFFERER. :•ORIIID ATTEMPT AT MURDER AT LEWISHAM. ;=nts of Lewi sherd, Blackheath, and the surrounding were on Monday morning early, thrown into greatest terror and dismay, at hearing the report of Ire arms, which proceeded from a lonely lane leading front Dart routh row, at the Lewisham foot of Blackheath, to the road' ' ere the late armoury mills stood. The watchman in Dart • nth-row, with all possible haste, repaired to the spot from ..I.ence the report was heard, when oa reaching the cottage of Jas. Smith, Esq. it was ascertained that it had been attacked by robbers, who, finding they were discovered, shot at, and desperately wounded Mr. Smith. From enquiry yesterday, at :he house of the uniartunate gentle a, we are enabled to lay before our readers the authentic particulars of this mur derous attack. Mr. Smith, about 11 years ago, retired upon an immense property to the above cottage, which is constructed of 1 wood, and surrounded with a shrubbery, enclosed with wooden paling, on the top of which are iron spikes. The cottage consists of six rooms, three on a floor, the front ',axiom and kitchen are abreast of each other, and the bed-room in which Mr. and Mrs. Smith slept is over the kitchen, and the dining-room immedi ately over the front parlour. The family, consisting of Mr. Smith, who near sixty, his wife about the same age, a female seivint, and a little boy, repaired to bed about ten o'clock on Saturday night, and about three the next morning Mrs.l Smith was awoke by a noise on the tiles of a shed near her .bed• 100111, as if some person was treading upon them. She im isediately roused Mr. Smith. saying she was sure some person! l i »ere about the house. lie instantly jumped out of bed, put ent !iis coat, and arming himself with a brace of loaded•pistels chide he always kept by his bed side, went out of his bed -1110111 into the dialog-room, sod opening the window, - Mine+ • '• W11(01 the.e ?" and at that moment one of the robbert o stood is the garden path, about twenty paces from the low, shot at him with either a gun or a horse-pistol. The et entered the muscle of his left arm, perforated his breast ..• otiose the nipple, and passed through his body, lodging seen the third and fourth rib on the right side. The en 'o,,unate gentleman could not speak, but as well as he was able i4gered into his bed-room sweltering in his blood. Doctors ! car, Sheriff, and Rose were immediately sent for, and ia s w seconds they arrived at the cottage, and found the wound-1 (tutu in a state of the greatest agony, and scarcely able to ariculate. On examining the premises, it was discovered that Si., robbers had scaled the palings from the lane• and bad re moved a pane of glass from the kitchen w indow, which was bar r.radoed by strong iron bars which Made access impossible, they ' therefore endeavoured to gain an entrance by boring holes • I a centre bit in the panels of the parlour shutter. sad NIA. at the same moment the robber was thus engaged, that Mr. Smith opened the window, and received the ball of the Darr ruffian. The villains are supposed to have made their nibespe over the plantations of Mr. Greedons, which adjoins $.. In their hurry to escape they left behind them the centre bit, millet' appears to have been very little used, and eitertiot trek bludgeon, knotted • shoat two feet and a half long. -it is siso conjectured that the perpetrators are persons who -were well acquainted with the disposition and circumstances of :Mr. Sni:th, be being a very codrageous man, and once beasts Mien the cottage wa4 attacked, he fired at a robber who was Mogra . led in one of the shrubs, but In a manner not to do him any heury ; it is thought, therefore, that the villains who made the attach on Sunday morning, were aware of this °ironstones. led had- armlet themselves. As soon as the affair Weems 4ffiewa„. a meeting of gentlemen residing in the nedghboorbood • see held, and a reward of lOU/. was offered for the arpesheo eleffit of the mnrderous villain and his associates. Large bills Ism* printed, and posted along the roads leading to the me tropolis, and information was forwarded to all the police offices. Aft Ave o'clock yesterday evening, when our reporter left the 'residence of the onfortunate gentleman, his medical attendants were thenwith hlm,and gave It as theiropinion,as the ball could Sek be extracted, that he could not survive mum hours. Two den are suspected of the deed, but for the ends of justice, for the present secrecy must be observed. The circumstance has craned the greatest sensation and alarm throughout the ~rounding villages. On Monday afternoon a most melancholy accident occurred at Leicester. A. great number of boys and girls were sliding on a deep pond near the infirmary, when, owing to the great pressure, the ice gave way, an.! precipitated the greater part of them into the wa ter • and, although assistance was immediately pro cured, several were drowned. The scene was truly tnumber I , -rending, as a of parents, on the alarm given, assembl e d on th e s p o t, an d as th e b o di es dragged up, viewed them with the most p a i n - Thd xiety, fearing they might be those of their owe et.ildren. !PRP ARRIVAL of the DUKE of WELLINGTON. DOVER, DECEMBER 22. His Majesty's steam packet, the Arrow, Captain Rutter, arrived in the Roads this morning, from Calais, bringing his Grace the Duke of Wellington, Earl Clan william, and Lord Somerset, but the packet being too late to save tide into the harbour, they were landed by a boat at eight o'clock, under a salute from the guns at tl Heights. His Grace went to Wright's Hotel, and has remained there the whole day, waiting for his carriages and suite ; and as the packet did not get into the harbour until nearly five o'clock this evening, it is probable his Grace will not leave hence until to-morrow. Yesterday the Eclipse packet, with the mail, and the Sovereign steam vessel, sailed for Boulogne, not being able to get to Calais. In the course of Friday night the Happy Return and Fox fishing smacks of Brixham, in attempting to enter the harbour, before the lights were hoisted, got ashore between the South Pier Head and the Stone Head, and now lie in a very dangerous situation ; every article, however, has been got out of them. His Majesty's steam packet the Dasher, and another steam vessel went past to-day, and are supposed to be gone into Hythe Bay. CITY ELECTIONS. Yesterday the polling for the two contested Wards was re sumed with much activity. At the close of the day's poll the numbers stood u follow : B.ISBISHAW. Wrzserliws . ..... ......... ..... 34 Frisby VI Hushes Lister ..:. 3O CRIPPLEGATE WITHIN. Waterhouse Forlt IA Jowers . ' 36 Herron Field • • 36 I esp..' • a 1 Valiance • •34 i Eke Tbose marked tbus .) are new candidates. SPORTING INTELLIGENCE. TATTERSALL' 1, Diessusa ii. DERBY. tto t opt e. out of Emily It to 1 apt Pantina e to 1 agst Fully lb to i apt Charcoal io I. 1 agst Talisman is to 1 apt e. out of Guild it to 1 apt Web ford Nan. OARS. e to 1 apt Zaida I to to 1 apt Sister to Sultan. to to 1 agst Sister to Sailor ST. LEG ER. 11 to 1 apt Sherwood j to to 1 a's' Miss Fanny. 7 1 nrIrlii‘r LAW INTPLLIGENCE. COURT OF CHANCERY, LINCOLN'S INN, MONDAY, C K 23 EARL GROSVENOR V. MATHER AND CO. Mr. D. F. Jonas stated that this case was brought before the Court, in order that his Lordship might assign the terms of the issues which he had directed to be tried. The snit had arisen out of the misconduct of a gentleman whose name could not now ho meenioned by the members of the profession with out sensations of pain and regreL Mr. Abraham Moore, the gentleman to whom be alluded, *silos agent of Lord Grosve nor, bad entered into several contracts with Messrs. Mather and Co. for the delivery of certain quantities oflead, at prices then agreed upon, lions the estate of the Noble Lord, with stipulations that the Noble Lord •Isuuld forfeit certain penal ties if the lead should not be delivered within a specified time. When the defalcations of Mr. Moore were discovered, Lord Grosvenor, for the first time, became acquainted with the contracts, and was disposed and advised to resist their performance. There were in all fige contracts, and on the first four Messrs. Mather neglected to sue, but sued Lord Grosvenor for all the forfeitures on the non-performance of of the fifth. Lord Grosvenor resisted the performance on the ground of impossibility, because the quantity of lead to be delivered was more than the mitres produced, and that the defendants, from the vicinity of their establishments, must have known this ; also because Ihn conditi ons were diSlitiVan• tageous, inasmuch as the price was far below that of the mar ket; and farther, that in such singular contracts, the defen dants were bound to havo consulted Lord Grosvenor as the principal, more particularly as the conditions of the first and second contracts had not been complied with when they signed the three others. The defendants had prepared furty four issues. Uu the part of Lord Grosvenor, ho applied for the Court's direction. The single question was whether the contracts were mado bone fide with Mr. Moore, as the agent of Lord Grossenor, or whether they were not made louder such knowledge as would defeat them. If they went to trial only on the terms of the contract, Um attention of the Jury would not be drawn to this question. It had been thought proper that there should be a general question of contract or no contract, and to that question the various circumstances he had mentioned would furnish the proper media of proof, and the conscience of the. Court would be informed of the collateral points. The circumstances of the consideration of the original contract would be shot oat on the issues prepared by the defendants. He hoped that his Lordship would give directions for such an issue. Lord Grosvenor neither de sired, nor would lie permit, one shilling to be lost by any one who had a just claim upon him, but against the exorbitant and unfair stipulations of t h ese contracts bo fult it his duty to resist. __ ....._.._-. The Arroneav-Gurnut on the same side. Mr Lerruceatz, for the defendants, was very ready to comply with his Lordship's directions. It had been thought necessary to get out all the contracts, as some of them were founded on papers and correspoodence which referred to other correspondence. lie submitted that he ought not to be tied down to the specific terms upon which his clients sought to establish the contracts. The Lotto .Cnasseimuia—You had better frame your issues in the largest and most comprehensive view ki which you are desirous of alleging the contracts to have been made. The Jury will then be able to find whether Mr. Moore en tered into that contract or not, and if he did not, into what part of it he entered, and whether be did so in good faith as the agent of Lord Grosvenor. The Jury may also be at li. berty to endorse special matter on postea. Mr. Lim l suggested that there s hould also b e an is sue of quantum closimificalas. The Loan Cnancruort—Let the Jury find at the same time the damages, and I w ill attend to that point after wards. Frame your issues and hand them up to me and I will settle them. 1 NEWTON V. STANIFORTN. Mr. Hoene staled that this was an application on the part of the defendants to dissolve the injunction exyarte which his Lordship had granted a few days since. In this case it would ho made very cle a r th a t Mr. Newton was only the no minal plaintiff, that the real plaintiffs were other persons who bad assumed • numb to which they were not entitled. He' would very briefly state the facts of the ease. The ship Urania, belonging to the defendants, had beets chartered by Mr.Neston, then at Quebec, in the month of August last. The charter party was enterelle to by Newton, with the Cap tain of the ship, on the part of the owners. It stipulated, that the ship was to carry to London, for 111 r. Newt o n, " a full and complete c a r go . ' This cargo was to hue consisted or different sorts of timber, but there not being a suMeient quaLtity to load the ship, the deficiency was made up of other goods furnished by other_ persons, who contracted for the freight of the same, with Mr. Newton. at an advanced price. By the bills of lading, made out after the ship was loaded, the timber was to be delivered in London to the house of Brocklebank and Co., but the remainder of the goods which completed the cargo, and for which distinct hills of lading were made out, were to be delivered to special cons i gnees . , upon their first paving the freight. By the term' of the char ter party, half the freight was to be paid in money 'and the other half to be paid f o r in g ood an d approve d bills at four months, On the arrival of the ship in London. Messrs. Beat sons, who are'the reel plaintiffs here, come forward and say that they are the agents of Mr. Newton—and they go so far as to pay the port duties, alth oug h it i s expressly stipulated in the etarter party that the port duties should be paid by the defendants. This act, on their part, would place them in the situation of _general agents, rather than particular agents for the plaintiff: Messrs. Beatroo and Co., however, - have produced no one document to show that they are the agents of the plaintiff, nor have they paid in money one-half of the stipulated freight, nor tendered approved bills for the other half. They has'c however brought an action against the de fendants for the port duties, and held them to bail. The defendants refused to deliver the goods einle‘s they were paid the freight; and the present bill has been tiled, complaining against the &readouts for perlormina what is their duty un der the contract, whilst nothing which the contract stipulates has been performed on the other side. "On these facts," the Learned Couusel proceeded, " the defendants base been most rashly most unfeelingly, and most inhumanly calumniated as being in a state of doubtful credit, as beine in a state of insolvency. It is true that, in the year test, one of the defendants, the elder Mr. &anneals, was lung, by the circumstances of the times and failures abroad, into a Situa tion nf emb cnt . it is true that he entered into a com promise with his creditors: but it is also true that lie con &elect himself through all Isis &dimities honourably and sa tisfactortlytowards all his creditors." Mr. Horne then stated that Mr. Stan Worth had afterwards taken into partnership his son, who possessed some considerable property in his own right, and Orb a Mr. Gosling, a gentlemen of great wealth and respectability; and that the firm was at this moment oats of the most respectable in London; and that, against such gentlemen, those most discreditingstatemeots had been made as the ground for his Lordship's interference. The defendants claimed their right, and nothing more. They claimed their freight aceoriling to the terms of the charter party ; and even new, if that aright were paid to the last farthing, the balance would be reduced, after deducti ig their claims for demurrage, to the trifling sum of 481. Ile was confident, therefore, on these statements, which bad been substantiated on oath in the defendants' answer, that his L adship would dissolve the injunction. Mr. S , on the same side, said, that the whole ground on which the injunction bad been granted was the al legation of insolvency, an imputation which had been most peremptorily and satisfactorily denied—denied not merely on the . lion of Counsel, but by the defendants themselves, under the solemnity of an oath. The Learned Counsel read such parts of the answer as referred to this allegation, and which confirmed the statements made by Mr. Horne. He then stated that the Messrs. Beatsons, who were only the assumed agents of the Plaintiff, hail dragged before the Court the younger Mr. Staniforth and Mr. Gosling, and bad endea voured to blast their credit for a suns of money, which, in its highest amount, was only cal. Had his Lordship known these feels, his own feelings as • father, as well as his respect for justice, would have prevented him from granting the itsjune lien. Mr. Stephen then remarked with considerable warmth on what he called the siagular fact of the former proceedings in this case having appeared in all the newspapers witboiit exception, and touch to the disadvantage of his clients. He proceeded to argue that by the charter party the contract won to toad and fill the ship, and not to Aire it, and that therefore the defendants hail not made any transfer of their ownership to the plaintiff. Oa this ground lie conte'ded that the defendants had a lien on the cargo Ito i freight. There was indeed a single cue in the books, wis e the contrary' opinion bad been maintained, but this arse, Hu ton v. Bragge, 14% it had been subsequently reversed in the Common Pleas, in - the case of Lewis.. Christie (5 Broderick and Bingham). There were other very_ recent cases which overturned the case of Hutton and Bram, the last of which, v. Dunbar, 4 Bemused! and Alderson, was precisely the present question, where the Court held the principle fur which he eru now contending. Thu defendants were borne out by the law of the ease and be was sure that their legal right of - lien would not be defeated by any decision of his Lordship. Mr. KNIGHT ' fur the plaintiff, regretted that the feelings of the defendants had been hurt by any thing that felt from him ; but he spoke not merely from bit instructions, but upon affidavits' and also upon the bill filed by his clients. As to thei mde f u t d a e t l eOda no n f t, M iD" r iv . ilicntein however unpleasant it might be to o iforth, yet be had admitted it In his own answer; nor could he now complain that an very recent an event should be referred to in affidavits on a disput• ed claim. No respect for any man's feelings should prevent the plaintiff from ezereising his legal rights, or counsel from discharging their professional duty. The argument that the ship was not hired, when the whole space and capacity of the ship was hired,was too absurd a proposition for serious notice. The . ebarteeer of a teasel is pre Sae eke the owner, as was held by the Chief Justices Gibbs and Dallas, and also by the surelyruindeoncto, t ß h e a g t i t s i te e r d A ef e e t n . B d an u t t s a h v a e v n e " a lion illi t t on i n g a• ro c r a i r h g e o 8 , ak t L or s not agitate them to go round to all the (vulgates and receive the profit freight which belongs to the plaintif f only.—This is II presumptuous and intolerable arrogance oo their 1 4: sot at all excused by their solvency and respectability , fact was, that as soon as the ship arrived in the London Doc I, - 7 ,, , notice was given to the defendants not to receive the freight money from the consignees. Notice was also given that the plaintiff was ready to pay half the amount of the freight to money, and the other half to gond bills; but the defendants have gone to the different consignees, and received from them upwards of Gent. which is more Mao half the stipulated freight. To say, therefore, that the pleintill bonnet, and is not willing to perform his part of thechintract, is a mere sub. terfuge ; As to Messrs. Bentsen, not being authorised agents, it M admitted in defendant's answer that the captain of the ship was told that they were so, and that be brought over a sealed letter to them, which letter was in Coed, ready for production, and would prove such appointment ; but the defendants admitted that th e y were ready to treat with them as agents. Mr. Knight was desirous of reading an affidavit to these facts, but was overruled by the Court. The reduc. (ion of the , balance to 481. was incorrect, inasmuch as his clients did not intend to admit the claim fir demurrage. Mr. Hoare, io reply, urged the points of his opening speech, and said, that as the sole ground for granting the Cr parte injunction was, the imputation of insolvency, it must ho now dissolved, as the Counsel had ceased to urge it. The reason why the bills tendered by Messrs. Beatson and Co. were not received was, that the Defendants did not like Vie security. As to the giving up the freight and recessing the money, it was because they had been applied-to by the consignees, and they would nut deliser the goods until the money was paid. The LORD CUANCRLILDR—" Tho injunction ex parte was originally applied for before the. Vice-Chancellor, and re fused on the ground, as I understood, of the trifling amount of the balance in dispute. Since that I have had some con versation with his Honour, and I find that ho was entirely misconceived. His reason was, that as the slum in dispute was very small, no great danger would arise from letting the matter stand over, and gising notice to the defendants to up pose the application if they thought Bt. When it was moved before me Mr. Knight stated—and he was bound in duty se to do—the alleged insolvency of the dciendanta, and it occur red to me on hearing such elle;ation, that sonic intermediate step was necessary. I desired, however, that notice should be forthwith given to the defendants to dissolve it if they pleased. This is the only difference between the opinions of the Vice• Chancellor and myself. Mr. Knight, I repeat it, did precisely what ho was bound to do; but with respect to the phiintiff, I must sae, that the allegation of in solvency against the defendant, merely Oil the ground I that in the year 1819 one of the parties to the present firm was in embarrassed circumstances, was at unee rash and improper. Knowing, as they mist have known, the hazardous nature of the commercial coedit of this country, it was a very hasty and inconsiderate assertion. As this imputation, however, was the only ground upon which I granted the injuection, I cannot now hesitate to dissolse it. The question of low I du not interfere with, but I dissolve the injunction with coats." -- s'. CRUIKSHANK AND ANUTLIER. Mr. Slum?, applied fur a writ of se ereat rtgss against the Defendants. The Plaintiffs were executors of a person named Colman who died on his voyage to B u mb s y un b oar d one of the Easelndia Company's ships. He was possessed of a considerable cargo, which at his death the defendants hid taken out and sold for the sum of 46,280 rupees. Upon their arriving in England, they gave the executors • bill fur the amount at the rate of two shillings and three-pence sterling for each rupee. The executors insisted that sane of a rupee was two shillings and sixpence. He moved upon au affidavit which stated the defendants were about to lease England, and unless the writ should be marked for the sum in difference between as. 3d. and ss. ad. they would lose that sum. Mr. %mica opposed the application on the ground that the delendauts had rendered their accounts, and were liable Ito an action at law. The Loan enxicsuan—There is no affidavit which states positively the difference due. You swear that a rupee is worth ss. ad. in India, bid you don't swear it to be w o rth so much here. On this :Maya I cannot grant the writ. BIRCH V. LITZTER, A BANKRUPT, AND OTHERS. Mr. Hausa in this case applied to set aside the commis sion of bankruptcy issued against the defendant, on the ground that it was concerted. The circumstances of the case for the plaintiff were these. The defendant, John Litzter, the ), winger, was au attorney at Stockport, where his father, John Litzter, the elder, resided, and the third party in Ibis case was Mr. Clayton, an attorney of Stockport, by whom the commission had b een i ssue d. Th e plaintiff brought en ir:tion against the defendant, Litzter, the younger, and re covered considerable damages. It was charged by Mr. Birch that the three defendants, in order to defeat ibis verdict, concerted a commission of bankruptcy, and that on the very same de) that the news of the verdict was sent down to Stock port the proceedings were sent up for taking mit the commis sion. Wbcn • Sheriff's officer applied with a writ of srire ferias to the defeddant, whom he round on the outside of his office, which was shut up, and asked whether he was prepared to settle the action and pay the damages and costs ? to which the defendant replied, " No, I am not ; I'll bo d—d if you go into my office to levy; I have settled that ; I am not to be done." One witness swore Holton expressing his regret to the younger as well as to the elder Litzter, at the adverse ver. dict that had been given they treated it lightly, and said that Mr. Birch never should have one farthing of the money ; they had taken care of that. Mr. Heald denied that the bankruptcy could staad, as it had not been made out sufficiently that the defendant, Litzter, bad been a trader. It was set up fir s t that b e b a d been a scrivener, but it did not appear that they knew what scrivenlng meant ; for the only act which had been ad duced was, that Litzter bad advanced 701. upon a pro missory note. It was next set up that he had been a cow. dealer ; but hli that has been adduced was, that in the course of his life be bad bought four cows, which he had afterwards sold. It wits then pretended that be had dealt in malt, having sold some once; but for the tint and last species of trading, they were palpably ou , of the qbestion. The defendant Litzter, the younger, denied positively, in his answer, the &wavers Woos attributed to him, and the ounspiracy ; and the two denied that they had conspired, " as represented in the affidavit" of Mr. Birch. The Vica-CuaNcames said, he would give the two latter defendants an opportunity of answering the charge of couspi racy more distinctly if they could. Mr. Maur submitted, that as the trading could not be ul timately made out, it would be useless to postpone the cause, as the commission on that account could not stand. Mr. Maas, who appeared for the assignees, said, that tfse commission might have been innocently concerted by the father and the attorney, without reference to the son. He, contended that every person who bought and sold cows, was a trader. In answer to a question from the Court, as to whether deal ing in cattle constituted trading, it was answered that it had been decided that every buyer and seller of cattle was • drover, and if be sold even iffy thousand head of cattle, he would be only a drover, and note trader a ithin the meaning of the Act. VICE-CHANCELLOR'S COURT, MUIDAY, Dsc aaaaa S. The VICC-CiIiNCZLLOR—P Can you persist against this, Mr. Horne, in contending that he is &trader 1" Mr. Hoans—" Not unless we can make him a bit ofia butcher, which wo capcot we oan do."—(Mueb laughter.) The cause was ordered to stand over, tbat further affidavits might ho prepared. COURT OF KING'S BENCH, Weennwsris, MONDAY. tize KKKK it 13. Before the 1601 D Cant Jaynes mid Combos Juries. TUE KING V. ItAKER.. This was an indictment against the defendant, a briukmaker, for deatruyiug a public highway, and rendering it impas sable. The prosecutor was a Hebrew printer, nailed Alexander, and resided in the neighbourhood of the road in question ( Union -street, Stepney). It appeared that the defendant's carts, in passing to his field at the end or Union-street, bad much cut up t be road (which had never been regularly formed) and he had been in the habit of carrying away to his brick field the loose soil, by which the road had been made much lower than it originally was. Forth° defendant, several witnesses were called, who proved that the defendant had certainly carried away some of the soil of the road, but be had shot down in the place of it a consi derable qaratity of hard rubbish; and that in fact, by his operations the road, so far ti um being injured, bad been ma terially improved. The Juty, without hesitation, returned a verdict of Not' Guilty. VINWICK V. MORTKAM. Mr. Orem stated that this was an action by the plaintiff, an artificer in fireworks, to recover the sum of :ell. from the defendant, by whom be bad been employed in preparing the fireworks wlstoli were displayed,ln the Park on the occasion of his Majesty's coronation. The defendant was himself em ployed by Sir Win. Congreve ; and though he now disputed ibis demand of the plaintiff, ho had set a suMcicotly high value on his own labour, as he had demanded from Sir W. Con grave 4501., although, till the last day, there were only four men employed in the business, and (bur days was the whole time employed. It should be recollected that this was such an occasion as seldom occurred ; the sum therefore demanded by the plaintiff was by no means unreasonable, and he should be able to prove that the defendant's son, who managed the Inises' bad promised, on the part of bis father, that that sus should be paid to him. The Learned Counsel then called the following wit nesses : Samuel Drewell, an artist in fire-works, assisted in making up the fire-works which were displayed in the Park at the Coronation. The plaintiff also was there. He was employed " - " - Thy morning till Thursday evening, and worked look in tbo morning till nine o'clock at night g i, hey made up twenty-six pieces, and a ' which -- Aso pieces. Ile made applicants,* to, the defendant for 501. the 'monist of Feawick's d sod the defeodaut said, " Very well, whoa 1 get the money fhb from two ON eackday. T, guarantee that his Niter should pay him sal. Cross eiamined by Mr. SEMILITT.—Whips •ow sell• potatoes. lle had sold a great mum' other things, but never suld his wife either alive or dead. He was had hetore a Ma - Fistrate, but it was a mere squib. Ho was /el of without injury. There we.. no foundation for the charge. Wm. Swill, an ■,list in tire•works, thouglst sal. not' too much. He would not have done it for less. Mr. Miller, another artist, considered bal. too much. He should have thought himself well paid at two a day if he could have left his business to hate attended to such au employ. Mr. Wright, clerk to Sir William Conereve, stated, that the defendant's first charge to Sir W. Cosign:be was 43Ui., asst ho ultimately received asul. White, late foreman to the defendant, stated, MA on such an oocasion be would not hate thought himself paid by mere day wages. Mr.tlessaLurr, for tha defendant, emit showing of the plaiotitt's own witnesses to more than the 111. lost" which the defer Court. As to the midence of the alleged improbable in itself that the Jury would credit ; but he would not rest ois that, bi no such agreement was ever made. Thi the contra:A existing. was clear f: um this, who called himself, forsooth! en artist who sold potatoes, but did not sell his u: master of a powder boat, which worked river, and in that situation, hat in,c an opp hands on a little powder, he made up a few era, and sold them in an illegal spanner to on the sth of November; and this was the his labour at lal. los. a day! The Lea► called Zachiriali Mortram—l am the son of lb.. Mr. Overlay asked if lie was in partnersbi in this transaction ? He replied in the negative. Re said, " the plaintiff; ho works a powder boat up lie is no artist. There was no agreement to be employed as a labourer. I never guarani lather should pay hini He was emple he did nothing but la hat I ordered him. men employed. The plaintiff furnished a be worth Ins., but it failed in the exoeut handsome globe given him for it. Cross-examined by Mr. 0 • . swear to any thing to get my father a verdict. once arrested me .iliout twelve month.' ago. Re-examined by Mr. filcangwre.—Fenot du with the arrangement of the lire-works. Josh. Southby, the are-work maker to stated that lie was employed in the Chrk Breve ; if he had not beers so employed he , glad to have taken tl. a day. Two other witnesses were called, who wi but bad no extra wages. The ease for the defence being closed, Mr. Outwit . called Wm. Morgan, who stated that on the necastot the Marshalsea Court aeainst Mortram, he heard Mr. Mortram, jun., say, that "I, any other rascal, should get over him, he swear any thing." Mr. Orme replied. The Carer James summed up the evi and left it to them, on the credit of the given conflicting testimony respecting the they did not believe there had been such a would then be fur them. on the evidence, 11. tos. was not a sufficient cotspensid ion; i was, then the verdict would be fur the defono The Jury immediately found a verdict for COURT OF COMMON PLEAS, MONDAY, DSClellitli 23. - Lamellas adjelersed Sittrage after Michael's°, Loss CORI I V Juirrtes and a Special ___,' GRINSTEAD V. SHAW. This important cause, arising out of the Howard and Gibbs, in which Ilse interests *ideals are involved, was ealfed on' This,. beg of the Court. Mr. Serjeant Lass, Mr. Serjeant V F ice Posi4cit, r..ncturletl the plaint Soiserrea 0 a., Mr. Ildrjeant Pau., were engaged in the defence. Mr. F. Pozsece opened the pleadings. Mr. Serjeant Laws aged the ease to the an issue from Use Yoe-Clianceltor's Court. '1 out of which the present ease arose, hods place plainti Cr was a gentleman of considerable forte' to invest his property in annuities, was ; Gibbs ' one of the lirm of Howard and Gib, With this object in view he advanced em Mr. Gibbs , and was deceived by 'his lAA who, instead of applying the money to the put tiro, employed it to his own benefit. Tiles g present proceeding, and the question which I have to determine was, whether or not this nu advanced solely for the purpose of porchivoug whether Mr. Griiasteid was acquainted r Messrs. Howard and Oilbe, and had thus in the fraud. Mr. Gibbs would be , Airy, who, whatever =debt have been bls ass DOW at least entitled to credit, for his plat . erially operate against his nwo interests, review of the entire case, the Jury wou'd to James Gibbs was then called and sworn, the (Ple3i ions of Mr. Serjeant Vaughan, he r I bare been in partnership with Mr. Ho , scrivener. I knew Mr. Grimslead in the I became a bankrupt early is 1821. A gent. of Walsh introduced Mr. Grimstead to me. lay out a sum of money in the purchase Issentioned a particular one, the grantor James Murray. The conversation was c( annuities were likely to produce. It was m; .bat was their probable produce. I stated that tbo money which he should invest woul *EL and upwards. I produced a securil granted by Lord James Murray, at seven which was paid off in April, lat ic iThe banded a passdaeuk, and prim: to s transactions, and enumerate the various total amounted to 44,ital. as. 2d., all of transactions. I frequently applied to Mr. ( hag him that many persons had made appl aplious to raise money on annuities i epee taboos he advanced me differeat monies. I be advanced me the sum of 7,00131. a part sluiced io real annuities. I never applied to advance money for any purpose but that annuities ; and on such representations red the money. Whenever I told Mr. Orimstes security, be then advanced the money, and men t of the investment to me. Upon some c purchases actually were made, About thr before our house failed there was a ver' in consequence of a heavy . debt due and monies not coming in its fast cd, instead of investing his mosey in Woad it in our own heads, and paid him the same as if the investment had been made. never was apprised of this misapplication. tuber, 1819, when the clerk delivered me the was a balance due to Mr.Orianstead of u. the other side of the pass-hook 1 exhausted setting out three or four annuities that in been purchased, but which I told sr. Gt really invested. The fictitious names of , think three others. were introduced. They with a cash payment of imel. odd, exile.. After I recei , ed the pass-book from b e erasures, and then chewed it to Mr. Helms!' state. I was desirous that the clerk should the represeatations made to Mr. Orients:ad, delivering 12 to him for the subsequent settle the entries I had made. There could be no that the book exhibited the appearance I November, leo, there was due to Mr. Grim 38,8272 los., and that was the amount of the In the new accouut, the entries of the prel were introduced. In the fictitious seemed apeared to vary. Crooszooed by Mr. goumors-Chstaat.— pr w en Up Vice•Chaocelitir gave bisidearsios, r Me. Howard was resat, 'rho i 1211 eladliealiasalod the baleen. I mad* tt i reransaction to a book, which, amongst other 0 . i .• . •. . • * lk t.. 1 1 . 1 1 7 • - . • i . retake the freight lbe Ordnanoe, he s hill be fsali.:: Ile eille.l aft. r 4 anis, mug • also given that the received a similar ens* i.. W m a. es t s h A thonelit theideintilf was ' tof the freight is a m a n o f s kill i n hi s b , t t. to t tu t. . ''. but the defendants to comp ensa te hi m foarroahle. ..2 iii. ~ . Ind received from Cross-examined by Mr.licasicrorr.—Witness was employed half the stipulated in his younger days In his Miler. to make shoes, but &Afire.' .7 , . . t il ; tiff has not, and is years of age, his g enius fur tire•woras fir s t d ese l upe d it se lf, s L act, is a mere sub• and he commence milking shekels and squibs. ite had de- '• authorised agents, mantled of the Defendant sol. for his lo.ii es% n.ent. The .. the captain of the fireworks mincer aNuperior description. The materials wefit be brought over a furnished by the Ordnance. n Court, ready for G. Ernst, another artist in tire-works, thought sot. nob it., sintment ; . but the exorbitant demand for a mister. • .., . ~. to treat with them Mr. Crompton, else an artist in fire-works.—He said tbd eliding an affidavit best assistance could be got Ed. sc. a day. ourt. The reduc. Mr. Guesser said, as it would probrblv be the shortest way t, inasmuch as his be would call witnesses to prove the agieenient. .r demurrage. Geirro Howell deposed, that he waited on the Derendant. Is of his opening in January last, and demanded filly guineas for the Pl.iiiitit 1. s id for granting the The defendant said he did not know the plaintiff, it was 4 3 of insolvency, it business of his mot's+ if A. kid made such an agreement, bd . d ceased to urge it. offered to pay ten guineas. essrs. Bastson and John Consign; was present when Sir W. Congrese came o idants did not like sad inquired for the defendant: lie saw young Mortriuti. . ight and recessing sod told hies he wen to bring all the artists he could get. i applied_to by the Young Mortram Men asked Fenwick if he would join him e goods mad Use and go and assist him. After some hesitation 1.;,e plaintiff , , said, if Igo a its you f will hero 1001. Young Mortrsin ru- . i. lion export. was plied, it would Ise a d—d good job, as MAN - m:IA jobs haneellor, and re- always we re . Il e cou ld no t give , . that sum, but he sueld mended, that on ti , s he was glut entitled i fondant had paid icto d contract, it was s i I scarcely giv e it nil . sot a ou'..i prose that the imprainbilily of I. lib, I bet the pliiintin. lu (like the gentleman • site), was mare!) the! iil op and (twat' too ipportunityl.o !Ay his' i ' •. rest squibs sod crack- . to young gentlemen'` he artist, %she valimi , l, armed Counsel their. i the defendant. ership with' his father '• . 1 " I was applied to by rand down the riser. at whatever; lie was •',. i guaranteed that my doled (our days, but 1 There were la els,/ a wheel which might 'ution, and he had a t neier said I wniaa 1 1 relict. Mr. Fen % icl: pl. sick 'had nothing to s. to Vauxhall-gardens; •rk by Sir Wm. Con- l ' 1 beshould hare been worked in the Park,' cession orate snit iiit i. jttn., by Fens* iek; ' before Funwiek, or lie (Mortrads) wadi • q . i 1 thinner to the .Isty.' 11 :I ll' s a i toessei, who tree the agreenseat. If di are agreement, it net, to soy whether r n; if they thoiight to 'fialdant. S' l i fur tire defendant- s , f I, filergoassa,, .• 23. t . 'nut, Term, before rte 'cilia Jiary. . 1 I w. ' the bankinpfef of l. its of sit ;may iosti. i. morning at the sit - VAUGHAN, ,alid It. • _ min . 's cote': ana . t., and Mr: W it. the Jnry. .Tfiis,s it z We, rt. The traiate t Place in tet# T)* s o r i t ot o o n e ) IL! .i l ll l / I i • j o i l : l ns ' i fi re , le r n ' r d'l re a wh :b ach st l lbil" e: n •Pu s na : titnfe :tl'*i' l s: oo.6 .lll;rn to elf: •. e porehuse'rif Mind- . Ilr' 'ha gave rise to' tab hid, the Jurywinfla lids money likd been hiroug aatititiet,,l/r • will, the ctioduct cif is hcchnie a piltpes-' io called before the • his fernier conduct, his testimony you •• sts, and upon til r t i form their °Arlin ii, and in aevebrth, . !deposed all rillornr: • . . coward ai.a' mode - a early parttr, is . . ntleman of the nit • me, who wantfed a of annailics:_,. . • of which witel,ia confined to what my practice lost • ml to Mr. Oriffilt • • : nuld produce 16' trity . oh iln'afit .. ulty t. en years inN'llasd, is witness eat t "Pa • ' . stale the die t , / is annuities,]' 1 Jr which were r i . Orirristesd, IPA, ilicatioiisi wi 3 u ‘ 4l ' • ' no which reprr On seal Juliil , •ri rt tiliseliieb was - , •d Vi Mr , Orittat 1 ... . at of investing 1 ', oily did he aiitonne teat' that 1 had ' I itd left-the arrange 'I . of tat redentpit6 tree or four' ibn s !my belay pre s o , / D to 00 Nobleni i • L 44 we c4nad- f annuities. die ri•- du the t. l i k ntereit is de. r. Orims ad • - . on. the ell Ot- / the pat-book, note i 1141* 21. CA. Qtr • • • : 'ed that balance 6 , , i reality novel bo-I Lirimstead had heirs • .i c of Bennett, Nest t • ' ' , i ['hey taken teiatqc Nautical the balancr. • clerk, 1 made the nstead in its idtehed , uld not be iwate of l I ad, and presiens to I • Moment, I tool O.:: ~ i no doubt, isovrev.r, - c of erasures. Iht a rinistes,d the sum ••l' the present balanc e . • pretended imaripitivi 'rates, the ihiescht , .. ii. 1,... , neinut.—l was net ••• idleapsioe, eft* I • et, The pat/546d .. I made an entra, u l , angst other captts, 1, • . .. ..4 SPARRING, The Fives Court was fairly attended yesterday for the be nefit of Neale, the Streatham youth. The muster was select, and the sets-to were good as far as they wont. The best meeting was between Turner, and Cooper, the Gipsy. It was an exquisite piece of workmanship, rather in favour of Turner ; but the returns and the out-lighting were nearly upon par. Oliver and Carter made a good set to, and the sports finish ed with Ab.l3clasco offering to fight any man i■ England of it} stone, or to put on the gloves with Carter fora bellyful!. The Liberal will contain an account of Genoa, ia the stile of the amusing description of Pisa in the Ent Number. We understand that such an article is already printer and that it is worthy of the pen which produced the former one. We are informed that the bas-relief of the Holy Family, by Miemszx Anomm, reveal), purchased at Florence by Sir ()moans HAL&UVONT, and pow in England, will be added to the tee ;pi leetion of marbles In the British Museum. Tholief however, tflio stale this beautiful sculpture to be the ellepreseri dt *twin ianni.o, forget the exquisite statue of the Virgin with the Mout Jast•s, in the Church of Notre Dame at Drawee, by the same di vine master. This immortal produetloh was taken by tbe "'tench during their oecnpation of 'Belgium, to the Louvre, but restored after the second capture of Pans by the Allies. The Cambrian Society in Gwent has presented to 'Mr. PARRY, Editor of the Welsh Melodies, a piece 'plate, for his services daring the Cobgress of Bards, Arch was held at, Brecon in September last. . It gives us great pleasure to be enabled to contra , - iliet•the statement that twelve young men have been thtpelled from Hertford College. Five of the number hate been only rusticated ; four have been fiirmally expelled; and three have been withdrawn. We trust the severity thus unavoidably resorted to will not only restore discipline at present, but effectually prevent its violation in future. We have seen a very curious invention,. intended as an alarum for the prevention of burglary, &c. Its outward appearance is that of a narrow slip of can vas about four inches in length, with a small ring affixed at each end, the centre part being enclosed within a piece of coloured paper. These rings are in tended to be fastened upon hooks or nails, the one upon the frame or stationary part, the other on the moveable part of a door or window. When so placed, should any person attempt to enter, a tension of the canvas of course takes place, and this causes an in stantaneous explosion of detonating balls or powder as loud as the report of a fowling-piece ; the com bustible matter being confined within the paper al ready spoken of. We never saw a contrivance better adapted to the purposes intended than this simple but most effectual alarum. .Respecting the advancement of two Gentlemen of the Bar to the dignity of the Coif, to which we adverted the other day, we understand there has been no spe cific refusal. The appointments have only been delayed—nothing more— which delay arises out of that intellectual adjournment for which the grave and deli berate Si:PRINZ of the Chancery Court is so pecu liarly distinguished. Procrastination, we are told by a great English poet, is the thief of time. We have often thought that there are certain persons, high in office, who, if they were tried before a competent tribunal, would be found guilty as accessaries before' the fact. To be slue, in the case alluded to, there are many points'of high consideration. Mr. WILDS was Counsel to the Queue. This of itself is a point pregnant enough with perplexity. Every question, we' , all know, has two sides : a right side and a wrong. But this is not all ; modern discovery, which has en larged our vision on this as on all other subjects, has taught us that the parties to the question have also two sides—a ministerial side and a popular side ; and that when any case, at all connected with politics, comes before our Courts, upon which any difficulty arises, which makes it a case of great labour to the Jedge, a due consideration of this, to use the words of Lord BACON, " helps much to an easy deliverance." We have no doubt, therefore, that having been well weighed, this matter will now be brought to a speedy and favourable issue. SHOCKING MURDER AND ROBBERY.—A dread ful murder was perpetrated in the village of Llanbeder, in North Wales, on Monday night. Jane Williams, an aged widow, many years a respectable shopkeeper in the above village, and who was gnerally thoug ht to have amassed a little wealth, was found mur dered behind her counter on Monde. morning. A little grand daughter said she heard her grandmother, in the night, cry ' "Murder!" two or three times, but was too much frightened to ~,, stir. Three persons are supposed to have been eoneerned--they had drag their unfortunate victim from ber bed; the shop drawers, c. were broken open, and several articles stolen, as well as what money skeht have h pd in them. We have rot heard of any clue befog mig ' Yet attbrded by width so lease the wretches.