The Sun. — London, England, 1805-07-27 00:00:00

EPQI47'. COURT OF KANC,I'sI3F.NCI-1, FRIDAY, TVLY2.6. JOAN WIIELLtit A'Sr) 1.•,“1, - tZLES OF WM. BRYAN I V. JPILN A.NJE) A laktA•ll An ATKIN - 3. This action was b.i.ou? . heto recover several Bills,of Exclrancre c:—i-the - r to 79121. BS. 2d. • • I;e11.1 g the produce ot cc tani of Slaves sold in Jamaica, from di , : Captain Comyn, by Messrs. Linr.lo, and Co. of Kingston, In tiiat had he.fia tried.hefore and on the .Silli 4 :.\l ay List, after a.sai2. , cond'argument, a bil'W trial was granted. Mr., EaF.,Xvse, fm . the Plaintiffs, stated, .at very considerable the nature. of the triinsae itons, , The Deferylnits _wine cre ditors of 'W illiatn Bryant irY the slam Of .1f,30,21. when the ship Atalanta was about to sail pu tbe voy.a!2,e, with which the present attipn-was:conueEted, The Bankrupt was the Pro prietti of the ship ; „the Defendants- prpssed. him for money to reduce their debt, wben he entered into the follov,incr 11111114:1Itellt : - • , . 4 ‘ :ilE!l,l3lA.ltir.f/14. It k this day agreed between Tolfn an d A br, i t c ii.,l Atkins and Wm. Bryant, that :whereas Win. Itryant, in cnikideratiott of the stint- of 6or, - 1. of law tnl mu ney, ac, now in hand paid b tore tlx sealing of the:,3e pre. ser:is, he, Wont Li y. 1 1 ,1, has bar.,:,:iined, sold, and made over the Atalanta, cut tdl the gem:, i;hippeti can board her, to the I()ini and Abraham Atkins ;hut as it tl'Otiiti sr:at to ttliZ' Sai4 13ryant to be pi "vented ut the said Ship ,:it hot pre..jeactl voyAge to Africa, Irmo ilsetce to the agalli to lingland, the eaid• lain grid Abraioni Atkins Wive ;igre(!il, that t s . ,id veLis.c.; pursue the said voyage, and that the said - Fin. Bryat:t shall, at any titnc tinting such %wage, •bo. at.libeity to re purchase the slap ,i,a . effecli. hereby bargained, sold, I.:c at the sant soot The said. Wm; Bryant does hereby s i i,t!e to indemnify the ,said john And Abrah - am At k chlr.;esentlo.F.xOencei itietdent to ,_the said vciy. , t:t% end to ciiiisloTi . the cargo to some person or pettoits hy the said WM. tiryant and John ; anti. the person or persons so norol - with rhe said John and Abrahuni Atkins iur h,• the Matti Cal O. . . • •• CottnE:A said, if • a trader be Suffered to poNession of property, by wbich . ; r.onferred upon him, and such. 'trader the property so situated Would be per y bankrupt, and : distri • ,0. . in this case, the • . to defraud the ore. B , appeared to oe the owner , ..c With die credit he thus ~t...marketto complete t.j! , ; . were to we ap 7 , pIL to r.ii;e rui.W .the debts of the De:!ti , hats uladel thi3 :,ect et ?agreement. Bryant but a painted sepulchre ; be was a 3110.(10V," •••••.i,ll his sub3tance: under this con was to be. tlilll"J'erreit to the Pefendants, and - the , :re..tltor. were Cuts to be deiuded. , Either the a-ore:Alva - it was executory, or was executed. If it . • u eye ' iaeformer, d e pre exit he re " sistcA by.. it ; if it NVC't , _: thelatter„"thrdeparid _must ineffluaLly opp., - -,ed, because it was , of.eult and collusive in fraud of the creditors',' and therefore void. • pit. Ball, the Clerk of William Bryant, deposed , . to tin conveyance of,the.till's tint!stio;.l to Eng- laud from Kingston; and to their ; delivery to the Defendant,. Several Lefters were .react to rshewthat the Consi!;ftlecs con , Mered themFdves alone account- Iltyarit atid it waagiven in evi &nee, that the sum recovered,„ for a loss on part of 1 the cirgo, by an insurre4ion of the Negroes, was pail to they, Agent of William Bryant. The Sotxcrron GtNEitAt., fer the Defendants, ob.-.-rted, that the \,vhole.discussion Of the rights of t.lh- parties I;:light 1) , , reduced , to ;:t'tiit.lglC:poi4t—whe tiler the persons whO sold'the, , Carga. in j'amaica, so gifted under the joint appointinent ofßry•-... alit and the Defendants. Lie.should.sheNv distinctly evidence, that there was 'a joint. appointment , ; and then •nothing.wctuld remain to .which the Jury had to dire.Et their attention, but the. application. of, tlwiryerdid to the faCts supplied in thc. testimony. . LC he depositions taken in Jamaica, froainterroga totics to William Bryant and Bristov,!e Bryant, • his,: brother, were then produced.... Therreferred to the' . agreeMent,•WhiCh*a4 the foundatiOn: of this (1 , : - ..1 , .nce, ccipies.,of ,which . had been cent. out to Jam: , lea, that the. goods might I,e sold tbr account of the itar~ to concerti d under that contract. answer to one of-the interrogatories, diet-, ter was .re.ferred_to, on the produetic.4l of which the ' for the 'plaintiffs 41,2,i.ited, .aild it last Inc. ruled, that .ts the (:ontcuts tat no letter ca. 7 pable of being prodtuvd could be given by parole em icitrnic,, r.), in this ii,tl;inee, where the di positions -. 'were writing, the principles of evidence should not, he abandoiLed.,. letter •W as short ; it Was dated the. t tith of Rine.,lBo2, from Bryant to Limb s ,. I)ake, and Co. it forwarded' a cooly cif tilta ber,v,een hith Atitins, and requeited thcm to, remit:the ni.:t,procced,9 o:f the car go. to the Dci;:ikdant3, cu Otherwiic, a Mcssm. Itios or the'!i . Ageucw_nhotlld dire& . • Mr. ERFiK ti ff,, this , letter, was wrung fr , !)ni:the (."0ur,..3e) for ihe..oefendants, -as if it were Ins b4iod;;:.:and .: the oppbsitian. to its , Nvoald of the mode which the defence 1t ,i 5 (!‘)”.;19.5! . . '114 . 1.e . transaaien, with rekpea to :41 the world, taxis Bryant;:and if it Were f7t,tlliF.'l j' s•o, it me:it be 10;X:Illy I. interrogato:- rtc!'i ; 0;0 opt.," i tti c i tion Deeers.,,sary wns, you, or dld rit. f anivate .1. joint agent ? and no answer wo given to this 11( I The ;:ri 10011c,i.pre ! is th,at . '.reef l fro.: expcditSOits: ILA I AL i , ' 1)111 ' ( -T1 1 , c .C1•!_ ,(1d ih it ti,e:el , lef,l ,, ,,v;s:Te )10 to T, , ,titove the ts!,m con,ilgttor, licvtint,: lAtt to ecy aystticiotis it te.c, or 1 to live t .tha., th a t C utu nd pur :, b v 1,... w-.-tp:ti What IL] . Y44e . . , :ft11. and ILI bik! , A'ortdd 10)t •,,: •t 1 . , ; Ilk Wine ; titit coplidently , Ton wrti of Hat Jury t eetfld merits of ales c;bc without ' Nrait'r 1 • • 1.0:• 1 , ii.ating the nature of -1 L turns upon the 2,} k We the bankruptcy, 0;4.1 • 1)! anotheq., "V/Ifother the consig r.:fv,; o: the ear , ..; . %) of the. Atidanta were jointly no tintated Bryant and Ow I.)efendiinis ? It clear, by.tependent Lora Nvapoors Atcl, that the -AEsignees ; the LON L)()N Tint by It Ci4A RD I: RR o f No. .1; N:;,,rtletticolirt, , ; 3` at tile StaN.)vricry'l.\; . O. :12, Sualld Nvlierc AdterliTments OrrltTs fu ~r ; , "NEW S'OUTLI 11" '1 SYDNEY, T3Y accounts brought bytll.. To .We arc sorry - one or tl.vo- PeTEQ.n ofrestless and ii ‘ yandone-.1. several others had becuimrstuided to elope from the Settle- Menr, and rashly connbit themselves to the. incur.. rrif)untable dangers of the woods, It very form mttely happened, however',' that their ilight was lit- Ile mats than momentifry, ;- for immeane intbrma-• t,Ol beiit rendered to the COmmandant, a, party of the military Was dispatelicd.in_pnrsnit of the tic's, accoinpapitd by several natives, whOseupe rior cfmnbisiince in traversing the wilds . very sooty brought:the, research to a conclusion, and s - natehed theyash adventitrers from further peril. We are ) sorry to zitine)c . , thit: ainotigthe .nurnber was Field, WllO some time ago a&ottiPanied Johnson in Ins fa tal and weak attempt to escape froin the Colony in a boat belonging to Serjeant Day, and I,c-LO Was of throe the,only survivor, his unfortunate, companiOns having been:murdered by the Natives, and hiMself tlsperately wounded. '• COURT OF CRIMINAL JURISi}iCTION.• On Monday,: at half past.ten, the ,cottrt assem 7 , bled, and proceeded to the trial ,of Green (tlic bkick than stated to have been last . Nweel: appre— hended) for a rape, ,committed on the morning of the I 7th instant near Parraniatta, The Prosecutrixwas called, and 'gave a clear and ;Candid evidence, ' which left not a shadow'Of doubt: !of the, P'risoner's guilt ; the brutal and inhUman as•• sault, Was aggravated, if it be pOssibte,t;y an in farrions atternpt to deprive her of existence by ,drawing a, knife ;t.c.ross her throat, which in the at of resist .auce. she received in her, right hand, and.eutting : a handkerchief she held in it thrdugh many of the folds. . Thomas Allen deposed to having seen the prisoner at 'the bar near the residence of the Prosecutrix with iii a short period of the time by herdepased to and being strialy cross-er.iirn'ined:by - the Judge Advo cate as . to his. positively identifying the Priso n er's person, the Deponent declared he was no stranger to him, for etery article,.of his dress net ouly of , responded With to clothing : . ne now _were, hut Conceirinc,f ttiat he was stilt 41:iiris:mer Confined. for mist enicanoro..the , .Pariamaaa gaol gang, he con 7 chided that he had :been. thrned o'it to work earlier than usual; it being- then but .a little pala five in the 'morning., no•liill,h(a• depo.;ed, that when the Soner perceived that lie \w. as notice:l by 'biro, lie threw' himself into a trelail or ditch; and; stooping, ran ea ewild. Patri; - :k 'Bern, a I;riente bcheti;itej to the New South \V` 1e!..: Monday the. 12th hist. he fi with a design of ~ , lioeCeig whi.n 'fleeting one of the'faini'serraii t 3, lie was ~ :(I‘l that tlie,c4ll.-tuler Who had committed the rc; cut t. ',hies aboutParra , niattawa , ; tht:n near-at hand, for lit liadjuSt been. seen. That he,. the Deponent, passed onward; .and at lest, beheld the sPrison(n . ainong scitite trees, and immediately summoned him to surrender; bu't he staOping ; and taking up an :INC., with composidrt and disdain replied, tit lit v';as ready tar - him ,".end to approach. him wevildbd instant acilth ; that the De ponent then skewed bun his fit - clock; Coekt!d and presented it, assuring him at the same time, that if he did not instantly lay down the axe-hes - hot:ld cer .hitn, as he had come out purposely in quest of him; that the, Prisoner then appeared F• 0 neNvhat more attentive to the conmiartd, end tir aecl his. Own pre-determination - to surrender hitn-,, self to it Magistrate, tot that he might as well (lie here as - any where else ; but that finding him, th Deponent, resolute in his purpose, he at length-sub mitted, and ‘krilketl in towards the abos'e Settment at a preper distance' before Miff. • . Here the .Prosecution eloied; and the Prisoner being called on ter his defence, denied tho charge point blank. Court cleared for a moment, and re-opened, the evidence being too pointed and conclu.dve to ad- Mit of any doubt favourahle to the culprit. - :The:Typo* ADVOCATE re-calling-him to the Bar, by impressive-eloquence endeavoured to amuse hirp frail the 'want at sensibility*whieli must have ac 'companied atrocities uike lily. " The clie're," said; lie, " hcierible -as it is, Upon which you hate been arraigned, is hot, :,:orry :111} the only One that might lutve been' against ,you t) . f the same throe iOns and diabolical stamp, in- the perpetra tion of which you have betrayed a baseness of dispo ,sition, a cowardice of heart, and-vitiated that render - you - hopeless of rre-rei i s ire. Happy for society it is, that the In''.', alt,:,igh.ineapable of totally preventing crime, i; ;et of over tak.itv-,r. the' career of the ern , apportion ing its punishments to the,,veig!it' Superior strength you . of purposes, and tears and entreal!(''s . ;''lt at provocation even to' a tin's +1 c' abandoned a eritninal, can: say , can tnalt.e but a t yet me conjure you to take the preilicam • yuur transgressions have plUn ; yon are incapable of I let me in-' treat of yr.ui, whatever b.. ligion .you-profess, to lay:aside : hood that; has reducedyou to and by by a contrite 'and true rep Clid,;;lvour to assuage the wrath of an Ornnipe.,._eit Judge, that in the world to comeyou.may find that mercy from the hope cif Which your Climes have, alas! precluded you on earth."' . Sentence OF Death was then solemnly pronounc ed t and Prisoner returned to gaol, -o.r.id lodged iu a cell: The unhappy erieninal was atten<led by the Rev iVl r. . Marsden with the most con4tant attention ; nor had this Geritleman the mat rtiticat ion to ;,:nppose that ins devout labours were 111mi:ding or flit. -spent, for,' ,contrary to geflerai expe , .c.itation, his exhortationsWCl sticcessinl in calling to ft state of.repentanee.a fellow creature, whose 'manifold depravities hid been vernally accepted,asanvarriest ituOety in .the hour of: death. ' • on, Tuesday tile Prisoner received his'death-War , rant with becoming snbaiissiOn IO the, dec:-,eo of . ot 'fen.led ednesddy for the sentence to be earrid into ----- Bank S toe:: 1 ;s It) • Navy I , per C,.*.89 .A S per Cent. t 797. 4 per Cott. 77 76 3 per Ct. ited..iS; lizr cc Coll , is Bank Ann. s 7 to 15- ibtlts 17i • 1 i't.P Vt'''lt.t..likm AltivilTAC;£ SCRlrrs, uf s , tob Nint I...diers:fol: the Editor, &c. °Jost -Paid), a .1ia1..,.-el,iltidx.sfibosiiecttieilldtn:l6lciteaciadilfairckitedtilOre;*‘l%TClC:l:VT."l' S° °'11 : t.11 I \' f iles' Corps P'4...., The tualefae-tor was deiivereo over to the Prot heAll:a:sr:n:l,i: atondcrlacel: c onvcied ta the spo ri t i at.w th was 'to atone-for his, otfences,by an ignorainioas end, and by his.awful example to inspire .a just Ph' 'k,.. , ~., .1 • - • - J ttt.,116-L,. 111 his latest moments by the ~,,ergyaria) - whicit'a temp ‘',Yith decent . el with,sonie visible einotiun . the I,lst offuriki,g3 of from the, ehicie.,., kneeled, aild re d is piety. • ... _ -. . coopriaausriltyoteis,!lriltitec • ;,11.:riehi:,itc ti..lie.,iiii.:4l(etLh.lll6 tilt t. sri.itat3:it,(,:,:szip t ti il l i either side, sel.eted a y0..1t1. front among - the crowd, whom lie named, and :solicited pertrasAiorr to 0. 0 . leave. of ; which . IV:4S humanely peraiitted.-.kl young man being - called upon, appro.icheci v,lll N., -luaance; but, much to his credit,. accepte.ii 11 ''-' '' 3 ' liuotwateid,hilauce. on-,,panied :ifilli the blessing of a dY in g criminal, lest a refusal might shal.:e his evour; 01 embitter the few remaining monlents Chat s ,- %).ielding to his fate, while the work of de 3th '/ under preparation, he took leave of the popalaci in I t shortharangue, which lie concluded v;ith a fervel. hope that untimely- end would operate t? o the , s, as a wholesome' warning Vtlinst a hie a 11t::.41,3 • dissipation—...and then depaqted to aa unlalawa fc' . Mort.. ' The warning of his execution 1,1 had slltil tt arl abundantly ; -expressed, timeh conrition at liiil; dition, - and lamented.that 11c could no ntore lo4 ,, e . a hope of ever beholding hi,.; ,i1f..i..,i1t p.l:'cati 00;1; he. declared-the Provinee. of 1):-.1n,..71‘..:,,it to i ' e it , of his nativity;' -but that vic.:-..;icu,L in:incedi''9„e, quit .his home, and aftcrwards,giving a loOs e I° Z, he' was apprehended and convied.ni Great 1' n., from wl, - .llee he was transported, to this Settleal•P . .. nt_oohliNtiti:BituEhtsetTe:,..—inthtlhellPeittlit:lll4o-iia'c';';:,:tilß' t ra h l e n' sb°'‘:ic-2:. ji l ....----,..:. _ .l, 4 in , cider PPPeared that the '- , ~. to atter. ° person whose duty it •033 lc, the . w°rl'!ng of 'the \Nliiirri,.?,, 1,,,,fis out of Ilis V 3 1 4 .her 111 f IS stead, but the deceaied not litiowill, II! and . apprehensive Ofbeing drawn over. ll° P ull o e t i tt i of the skip, and untbrtunately i'ell -into a cii . ,l l t)_it: upwards °I '9O yards deep.;•:—Qu' the Oth ja-10.'4 i°,4 °!'" bc'dY of ThotuaS trarvev, w]l'''''' {'3th s .ff.i - 1 oc...c7B")ned by. something falling cio..,‘:n t '3 oil t . a e ) :-,i1.--pit in 3,yllich the,,deceasedlV3 in 11 1 1 k, ro of ciesettuding at the, tiltu);..,,,,f;*ch otick.lo.lii,ot attear,',-ti,.d to :,ii . , 1 '`;;'lll,:t(:)ll,:tityleicee.t!tn:ttu:o:::,,,i;c:ir)iaii,,d,os, j1N.ivi,,,,,:r::1,:t.,piaiai0t3.:ent:5ti6,:ticii,,.::.,;_,..,ii.ni,.,1:e.,....,;:i.;:01t5i;ti,iic1i,,,•,itti.i,t5,:05ei::h5raty1p..,:::..citkrzrei,,i:1.,),,,,tb,:,!,,,,,,i,,rt:,:,,,,,.., . dici!ki_P; and I„,' fa up ,, ,jr,,,,, of O yeras.---1 ' t:al:vtaekettlimtlieleiti.:v,2C.l'.lt i 611 Of pcjii 311.(tir. .., , - -.... ry ; .iicl till ; ii :is, no 0 , .. ,,,, , , I , great . support ~..1,1:,,t lifiriei 1, ,, . 0 recole;/ , ;.ti . Pre;siit 5;,!,, ~ , ~ , ~..imee-wlvol , , _in:, ioi.e, out zi 0,1,..1. -,., 1 ,, 11 ,, 1 10 • . • gtveti: for ,13Li'ilic..S, Nvbi'li L. diffords I l',,' ., the chance cif tl , e - , ,-. . ',..- " ... t . 1 Hi 10 5 ''''''' I 'is' uni Ftsk. VL3t 1.1 :Z..), , ~.. . GR ~Vr• assea b „ • aN PAssed b Cilrr . 3 ll2 " b} front • William, •Fry,:r, 014 11 . ' .I„ith, ,14 gen Dirks Cork Leglr!" ; l'adY ''cl'llincltaril, I)orks tr.) n.,D2ntzic; 1 • T ool Alinek ni"' ruturcLL! t#4 r.tgle,_, Dillon, for Ilolf:or;; 11 0° " Ile * vir Lic utoot On" Tuvsday nwniing, tile .Lo Dyke, ot-.1 Daughter. • Ci Q ui l lt T op u l e ic m PP Y r: l c a n 3t a 't:cal,t, The same clay, at his seat attLgiji, ii‘ E 0:1 v tv in the st year of his tal;e, Cho i t.)O Thursday trittrotog, MO' tjl w it, in of Rev. Francis ‘Vbilastcns, C1115",1,1 .1-6„ 0, 0611 t)rt the t tilt ot 'tale last, gi'''lt SP. Ol ' !). ~A 1,60104 of laicuteaant-Colouel klorOetd, A")Li trtaica. 'SI I ilitil4 *JO,- I I odic i•;Ncliet willer "11;14.11. iliol, 4 3 .) SS A ' -.041 3 .1,"1 Fria:::::::sAt.1121d.l::ILC:.,;.:::::: 0::::::1a::. ~., r);UN'IItI.Y ALF• • 1 , °II s I. : A R r s in Br'IC:11:1,1)1:11.;:vy'al:111;;y,Ne,1.%tov.)t'lliel("o.:10A.:_,:60:::::it; 1111., E - Tris:iyivkaosairE and N'Y 0 i ,`.1,,,,,e,f,r 51-lilt-E. "Ctltt tv:tt Sul last yor ' ~,,i. share. 'CIS.--1.1'41 Li:Vitc sTßolloviATtit NOlOttoci- 1 ,4 , -nas last 1 . c re Is t. prr pillare• ~... o cr ''/r .GI'I:AS.II,iiL)I6....VIAIsCI3Y Itc)N SIl lAwßiteSi,d::::;ll 4 , il',.kr ..:: 1 ,11,f arid; s pvt. Cet. itierest, 060101 at 1,—,.11-ChP,,iv, A.I.A. SILA RES itt tbc 10)(711 PA I, P : , j lr, 04 and •rj-o. '0 E S atul S EVI 1:N i' ANT A 1,10.::i „41,00!,irp I);:ttictil OS a t - tifc Hen AO Cllii-1,,11:,,,,i, l'i,'''oo,4! Rcn.tpn, :1 Gjotti:e.fer; 'at ilanlx" 6 N ,,, - , iiiiOr art GarravPy's i and of 'O%l r . Si!"-gl t 1 1 , LOrid,./n. ......''''t g 1 ......... .............'. ~SII I i • i --e....."'".+......,..w,.,,,nn,,0,*:,.....• 7.....-":‘, , ) 13 rn E sTArizogi)siltitr. A .I ) xl , l I) 1-11A.NiEl:, i, Nll 50 i''' A 141) liO ,Di. i J C C (.) ril, ..,) , t 1 , ..:: ,.1,,,, ,t1,i:,..,..,,,1,.,,Y.,;2:\,,;:%, 1 ~ "... .. : ;:':,t , l i . e tkw -, .. . ‘,f loe LA- •, ' , ...,, I ' , .0 1 , ' 1 ..„ (tilt hii..,h. (; ItINNI ) , • . ''' ' . ' ~ ' ,i ',,... POOl, aVi.' rOtterls, , ' ittare, I •'' ' , , }o 11, , •' '' ' trot I,itl _.. , i: 011 Y .sif, \ i c' litiv",,ll, Si Vi, i tsi t , ',‘ I'. 1 C ;Int. ~ , '• ; I h '',,l ile,, .411 i t.i... • i'llitt,,t 1 ',lrtis:l[l3!ti •it ,' '' , , • ~. J 1 t•I :NI C. s--oti, .45, l',cv, br • t,:". , , ......., -.......-.........,................- .0....... ).........^ t).iSbotregata C; d;;.sti.Or^:Mtlite; ' r .only doubt .resirelc:d the proceeds of the. ezirtro,—=, His Lordship hero t.nier,.ta into di:. particttlars of Else evidence, raferabie to the joint In of• the /Agents in , Jarnaled , and v.'hen he Wati proceeding to the: depos'tion received from that Island:, the Foreman inteipowd, tin d : . iignitied that the Jury mitire satisfied - that no well joint nomination - had been,. made.----Verdict for the T - laintiff c.d. COURT OF COMMON PLEAS, Go tt.t)tiAl L. riNcs A: Nl3l PR !us, ntrorir. rdANSFIELD AN)) h ii,ep,CLAL.) COOP .qt V.TifORNTON. This was an tion brought by the . Plaintiff; an entinent . provkion-breker, to entbrce the, perfortm; Mice of a special Centraa which the Defendant had entered into. . .; • It appeared, frpm the evidence. on the part of the nain tiff, that f tit) the rceS of -PAASt.`lndia pork,' and 150 barrels Of d naafi pork, hiteett wattover- to hint from a Mr: - Moat-, a prevision-men - that - It; in Ireland; for the ptirpose of dispdsing of to khe: best advantage. Mr: Ceoper,- When the goods were on the wharf, had some.of the casks opened,. and, ex,- mined 'several pieces Of pork pail, - ;, (1 in them, W hick appeared, externally; to be prime pork—but he did not either cut it to see whether it was measly; or• try it, with what is called in the trade a tatmentor,- to it sWeet: Shortly after the Defendant , enter , , i ,d into Ucontra& to par the pork . , and' agreed to give 81. hs..for each of the tierces, and t,f.,cs, 6d. for the barrels, cop.. ceiling it to be, at .warranfed...by the Plaintiff, mer- Charitable, sound pork, the Conttad; the 'De fendant had agreed to take'it front the wharf in 14 days ; but, befbre that , time expired, he had the pork. \ examined, and sent a letter to the Plaintiff, stating, that it was measley and stinking, and notfit for'any .purpose whatever; and, therefore, refused to take it. In consequence of this, the Plaintiff brought' his action, who, though but, originally the broker of Mr. Moor, in Ireland, b6came the, prim+. pal immediately after the. contra& with the Defend-. ant, was signed,' as be then, accepted bills drawn on him by Mr. Moor, for the amount. • Serjeant BEST stated the case on the part of , the Defendant, and said, be wondered the Plaintiff could • have the facet() bring so impudent an aCtion.as this. He had no hesitation in allowing that the contrast had'been .entered into bet Ween the parties ; but he thought the Jury, even at this time, were, of ()pi nion, that the Plaintiff was the' first Who was guilty of a breach of it, by . selling: such kinking, rotten,' measly; pork, to his Client, and, at the same time, .telling him that it 'vas sound, priMe He, therefore, had no tioulit , of obtaining aver when he should shew, by the most incontro- Vertible evidence, that , the pork Was. ni snail a state that it. vas scarcely fit •to be thrown-into a d og .: kennel, , Several witnesses, in the provis;on-trade , were then called, who all deposed that ,they, had exa-, mined several casks of the pOrk, and foUnd a great many of the pieces in them ineasly.; some of them taintei'; and the most of theM•faint. The Court :mid Jury NVkiliN t():• kIIONV what ap pearance measly Iy4rlt had, and Whether i t became so after the animal was killed ? 7 none of the witpesses could explain it rightly, Until Bartholemew Kidney; an Irish cooper, was called - up, He first deposed, „ that. he had exainined ten casks, and ,fbund some of the pieces, in all of them; measly and- stinking,-!-, He was then asked, what' appearance3iteasly pork had when it was cut ? -To which,heansweted, ter a little, consideration, that it was for all the world like a plum-pudding, or a plum-cake; when cut in twq. . He also said that measles ,%cas a thmily `di corder among SOme pigs, banded down front generation to generation and that; when the curers were chopping it for the purpose of packing it in the: barrels,' the nee: ,1,-; would fly out of it litho Maggots and is (1, above all things,. - to produce a•piece of „it:on the lable,:for the inspeetion of his. 'Lordship and the Gentlemen ; but this ceremony was, by consent of all parties, dispensed with. • sir JAMES MANSFIVID .read over.. the evidence, and observed . to the Jury, 'that: this NV:I 'queion which they, were the best , judges of, and begged that they would consider it attentively. The Jury retired; and, in about an hour, return ed a terdiet for the Defendant. CALVERT v. MARIiDEN AND OTHERS. TIII9 WaS' adion of trover,,hrought by the Plain tiff against his assignees, .to recover back sonic holies of which 'they had seized. `I t. °llje4t of this anion WM, totr,' the:validity of the*cortunisgion;. by cOnveilteg the Defendants to proe that the Plaintiff was 4 dealer lktbleto be made a bankrupt; and that.he committed an apt of bank ruptcy. This being understood between the pat ties, the evidence on the port of the' Plaintiff was in mannet.adthitted, for the pUrpose of allowing the Defendants, if they could, to .prove the ti.t6ts;: tg.as- C&rtaln.Whieh, the adiOn was - tried; • Several witnesses were accordinoy.called from NV hose testimony' it appeared, that the Plaintif Was; owner'of two or three stage-coaches, and had at: different times sold 'horsps and bought them again at a minced:price ; and alsO, that he was in the habit of Selling small 'quantities of hay and oats to any . person that would come 'to his stables':lnd'l - isk for it, For the purpose of provjng..the aft: of txmkrUptcy, a Clerk frorn . the of tee of the Sheriff Of was ollled,' , •who protect, that twenty-six writS had , . been lOdged - inhis (Ake. Again'st the Plaintiff; in the course of one year; 'and a Clerk - from the office -,of the Sheriff of Surrey,. produced eight, which. had bon' lodged agousi the Phihetilf in his office. A servant, who fornwrly lived with the Plaintiff, then . (1 , 2;p05c..d,. that - 11't m aster, seeing me lii, Creditors ci.iming up th stable-yard eve dak, desired him :to, tilt the Gc.faktilaithe was, not at home ; which the ;Witness accordingly did, though, at . the same time, lii master stable, • - ' The, Plaintift's nobility to beconie a Bankrupt, and the ata of binkr...iptcy being tleftrly,pioved, it was a - Yreed th;it a Normui t be entered: To re m o ve 1?-un....;:pb:tillsi tp:rl from Linen, —Alta-the hnen has been washed, lay a- quantity of creertn of taytar . on the sta,lned spot, and tic:-that part or the - :linen to ictil> tue applicitiOn in its place, and thus put =unto the cppßer =trs tie b I o frirther:tr6uble i rf.niuiret . .'t„ as the 5,..11 , c o mpi ctely va nishes in tnebowne% •