The British Press; or, Morning Literary Advertiser.
London, England, 1824-12-11 00:00:00

PALACE COURT, iitIDAT, I)ZC. In.

On Friday last, owing to the late extraordinary wet
weather, a large portion of the foundation of Nottingham
Castle, on Gallilower-hill. gave way, and buried in the
ruins two small houses. Fortunately the inhabitants were
all from home, except a poor woman and one of her chil-
dren, about two years old ; the former was thug out alive,
hut the child was suffocated in the ruins.—Lincofn Paper.
On Tuesday afternoon, the nods ult. a ;hocking accident
occurred at the silk manufactory of Messrs. Ilammersley
and Tilley, "Sloallism, near Ilminster. The clothes of a young
girl became entangled in the machinery, and she was
dreadfully bruised before the wheel could he stopped.
Two women, in endeavouring to assist her, became likewise
entangled, and the arms of both were so severely fractured
and lacerated as to render amputation immediately neces-
sary.

rntfres V. GEDOE.
Tnis was an action of trespass, wherein the plaintiff who is pro;
prietor of several of the Peckham stages, sought to recover from the
defendant, who is son of Mr. Gedge, the eminent fish salesman in
Lower Thamea.street, the value cif a horse, which had been killed
through the wanton conduct of the deWtidant.
Mr. Score opened the pleadings, and Mr. Ett.t stated the
case to the Jury. The Learned 4 ',sunset ;inbreeded to slate. that I.!s
client, on the Olst June. I:121, having a horse that required shoe-
ing. went it to the fanier's for that purpose by the farrier's lit, and
in Peckham Rile the boy was met by the defendant, who was itt
gig, accompanied by a holy. The boy was on his right side of
the road. and there was more than sufficient mom left for the gig to
pass. As the defendant strove by lie cut the bone with his ship,
and it being a high-bred animal, the creature sprang forward won
tne greatest velocity, and rotated against a cart that was standing at
a short distance, by which several of its ribs were broken, and its
chest and side dreadfully lacerated. The poor animal fell to the
ground in the greatest agony, and alter several struggles to rise it
died. The rider was thrown, and sustained considerable injury, in
consequence of which he kept his bed for someday% after. The de-
fendant was not in l'ourt to dispute his liability to thisaetion, aid
his diem only sought to recover the value of the horse, which be
would prove to he worth ltd., bet he only asked :71111. at the halals
of the Jury. The Learned remise! thought it would be necessary
to state the cause of the delay that had taken place in instituting
these proceedings. The fact was, that the derendant. after the
affair had taken place. left England, and it was only litely that lie
could be brought within the operation of the laws. 11r. /lite then
proceeded to call his witoesse,
Henry Sumner stated, that he wise in the employ of Mr. Ewing_
ton, fattier, at Peckham ; and on the day mentioned in the decla-
ration he was riding a horse belonging to the plaintiff' to his toaster's
surge, to be shed. Ile was on his right side of the road, and 11',14
going at a slow trot, when lie met young Gedge, the defendant, ia
Peckham Rise, in his gig, with a lady by his side. Directly lie
passed hint he struck the horse with his whip f he beard the
smack, but did not see the defendant apply the whip. The horse
oil at oist a great rate, and ran with extraordinary force against a
cart that was standing by the side of the road. Witness was thrown
at least fifteen feet in the air, and tame to the ground quite it:-
sensible, and remained so for three days after. The horse died in a
few minutes after lie struck against the cart.
by the JunGe—tcitness knew ysaing Mr. Gedge by sight.
having seen him sevend times before about the village. The can
stood about forty yards id!: Ile did all he could to stop the career
of the horse, but could nut.
By a Juror—Haul a brittle on the horse, and not a halter.
Thomas !layer stated, that he was at work at the cross.roads at
Peckham. Itteollected on the day mentioned seeing the last wit-
ness coming down the road on horseback. Ile was on his right
AWL'. the left stile of the road ; was going at a fair trot. Saw him
meet a youtig gentleman it. • gig wino a lady, and oft the gig
leased saw' tie :zentleritan strike the horse twice with his whip.
'the animal flew oil' with wonderful speed, and snuck itself
against a cart. the side of which was broken in by the foto..
The boy was thrown a considerable distance in the air, and
both lie and the horse lay on the I,eround insensible. The horse
rose on its fore tot, but could nut get up. and staggered and tell
down again, and died on the spot. It was a eery tine horse.
William Dewitt, a farrier, paired the horse to be worth from
801. to Vil.; it was certainly worth 201.
This was the plaintiff's case.
Mr. READER, the Learnell Judge, in recapitulating the evi-
dente to the Jury, said. as it stood it was a clear are dint the
death of the horse hail lava caused by the wanton net of the defend-
ant. It was very evident no blame was attachable to the rider of
the horse, who had been proved to have been on the right side of
the road ; therefore them could have been no nees,isity for tea dc_
fenelant to apply the whip. Ile might net, perhaps. at the moment
think oldie consequences that would and did enstic Ay his uncalled
for attack, but he must now take the consectweres. It was very
dicky for him that the boy (lid not meet the tate of the poor horse.
The lwarned Judge thought the Jury ought not to abate one far_
thing of the damages sought for, which had been proved to be the
iirice oh' the horse.
The Jury. without consultation, found a eerdl4 for :be plaintiff
, —damages 21.1/. and costs.

ASPERSION OF CHARACTER.
HEATH v. rower's.
In this ease the plaintiff, who is a rnipectable coachmaker in the
tl'estmitister.road. sought to recover ilantr--st from the defendant,
his next door neighbour. for having aspersed his character. with
a view of injuring hie credit.
It appeared from the evidence of the witneUSl in sappers of the
declaration, that on the 12th of August last, the plaintiff, who was
labouring under severe indisposition, went into the Oxnard Arms
tavern near his own Moose. on same liminess, and there met the
defendant, who was denking some Burton ale. The defendant
adoid him to takes giass, which oiler the plaintiff refused, our sc-
oring of his ill state of health ; however. by the entreaties of the
defendant. he eventnal:y Brandt the glue of ele, num whieir the
defendant asked him if he would rot stand another pm. and 011 the
refuvid of the plaintiff; he poured filch the strongest language he
could think of. called the plaintiffs thief. and swindler, and that
he lived by swindling, and he could prove it. The plaintiff turned
away from him and left the bowie, but was followed by the defen-
dant, who canted a mob of persons to assemble round his home.
and to whom he designated hint as a rogue and swindler, and that
he only took his premises to take in fradesysrple. In about a week
after he went to Mr. Meek, the landlord of the plaintiff's premises,
and endeavoured to impugn his character to 1 . He told Mr
Meek that Heath was a swindler, and he was sure things could nit
go on much betger. 3lcek told him that it was strung languag,
to use, and it was a pity that be should utperte the man's charaett-
wlthout he could prove it. The defendant said he could authenti
ere it, or he weuld not say so.
Phis was the case for time plaintiff-.

hi the other aide it wag endeavoured to he Arlen. that the plain
tit,' had used as ejtroltrioes language to the defendant.
The Lear:v.l Judge chlrize,l the Jury. Roe found for the pfain•
tt:. Ws.: and earnes.ted thefoaeres starry that %ht.:
ttJuld not g. :e ttte rtitat:er larger d3•nagcs.

!I

. . emotes Hayes,. wawa, mat lie was at work sit the croft-raids at
--- - m e nave no gru"ne for the purpose of conducting him to the Peniteetiary, Bronco, to sail 3d ult.; and Re;hert Kerr, ('aster, to sail . i tilt. ; . So. setecia.-GENFIIT. said.. this was
_. an unkind
.. return.for..
1 idThe - aPeckham. It 11 tedthe
.. eta ec on day mentioned seeing the last wit. 1
ll s an pt•iro
•
, ... we are satisfied, and we see no mown why other for Poole ; the Perseverance, Watt, to sail Ith ult. • tiw James his liberal's? In Km", notice of motion. 1' has was the ground or netts coming Morn the rod on horseback. Ile n his right
near this. town,. for bastardy., The fellow came very. 'elec. i
1 4
le i fee•es should put their hands Into air 'wickets in order that theirlaillie, Gowan, for Belfast; chadoue, Whiteway. f'or Bristol ; delay ? There was no complication in the ease. There wax will. side, the left side of the road ;he was going at a fair wa
rt.to Saw hen
i 'aroma might be relieved or their 'dermas redressed." Such • ably until within a few buttered yards of the prison, omen Clyde, Il'hiteway, for Demerara; Eclipee, Muir, for Ayr ; liar. tient time for answering the affidavits ; all the parties were in meet a young gentleman its a gig with a lady, and as the gig
inenplelie hoped lie would not hod to prevail here to-day. Those its terrific appearance at once startled him—he looked at net, Cunene, tin Newfoundland; all to sail kb uh.; and Patriot, London.
sassed saw the gentleman strike the horse twice with his win . i .
n ; wt.,
4
'we no: now oppressed,d.d not know bow soon they might be the prison—then at the constable, and stood fur a moment llossack, for !with, !Oh tilt. TM Loan firewctet.ort would take ease the liesniedGentle. i - • . with e • "
fhe amnia! der oft wonderful speed, and streak itself
e:
re. to by the oppnosion, and therefore their own interest as if he had been petrified. "It is hut fur a bastanl at • -•- •
Cone• Dee• 6.—The star, for Jamaica, (her carrel being landed) awn shook' be. Plated in the best Possible situation ; but if he heard against a cart. die side of width was broken in by the force.
C. ?Instead tliem to quake commit cause with thew who were the last,' •.e with the bas been caulked, and the leaks stopped. Der cargo is re-shipped, this motion now, he would be asked this night before he went to The boy wait thruwn aof distance in the sir, and
•
i
k lowa sufferers. Their colon int t 0 ef •nd id then. I
eres , ser ore, t. eel he said, and darting from the constable
and she
is now readye for sea. his bed, and be justly asked, why he did 1 • h
trot war at winch both he -andthe li arse lay on the ground insensible. The horse
a 'lmsroselly, tienly, 't ill • dd t it I Ti Igy
um tt,an e erm na ev. le eet . 1 rapidity of a greyhound, I;e leapt the hedge on the road- JERSEY, .Th Amite. 'Meal, boom! to St. Andean were four or live years old ? IVhy was not this injunction looked rose on its titre too, but could not get up. and stato;ered and ICI!
A it,,W,:entuu4l, as well as the lay impropriator . had been eireu. I side, bounding across the various fields and over the hedges, has put back, with damage and leaky. for before to-day
down again. tool died on the spot. It was a very tine horse.
11 .g
a "i'Y of she Act tof Parliament, and had been making ex. I until he Cattle ha° ItoWdo-lalle • here he was toet by three Gu zzzzz Y. Dr.C. 2.-11te Jeune Eliot, of Vannes, totally The tioxictro.e-Gewee•t—Another difficulty will be im el Fn" IVilliani Ilewltt, a farrier, loured the horse to be worth from I• •
mee• in femur of it • but lie was• intre if the citizens acted with I
of mune, a„ • • ... . lor four labnurers, who nun- about to stop him, but "it was disniastal, and without any person on board, drifted in tbe late on us if Use motion be not heard before Saturday wake-another 201. to 2r.1.; it was ceriitiiity worth Iv!.
th North tof this island, Fr' I f las number of the Lomsee will be Publiabed• ' ;
d with firmness,. they ought esmily overcome every - I't"^"s on e . on it ay a ternoon t,This was the plaintiff'a ease.
lint for a bastard," he again said,
-' 'l
e. tateli that could be op (e to them. They should bear in land was towed into this harbour by Mate from the shore ; she The Loan CHARCERLOR—The matter may come on nest Si. Ale.. RrAimm. the 1,..3n..ti Judy in
reeenithnin, ale
eve_
to eei tit they were supported by the great corporate body or this , Luridly suffered him to pass. Up to this place he was cur- was from Cette fur nacre, with a cargo of wine, brandy, and turday week : but you must not make use of this Lanett without deuce to the Jury, said. as it stood it was a clear cis; that the 4
etli ti„
..,
1".4 we duty, no less than whose dieptuitioen it was to tender I sued by the constable, with a voice that might be heard at amanita, leave (ram me, with the exception of to-morrow : after that you
death of the horse had beta caused by the wanton act of the defena, I.
1 g
0, . '.
aid assistance to every p romeding calcubtud to eatend 1 Swindon, hallooing, " Tally-ho, a prisoner ! a prisoner ! QUEBEC. Ocr. Ze—The twig True Friends, hence to Ila. must entrust it so my hand, and not Ut'ed with it until the hearing. ant. It was very evident no bLatine was attachable to the rider of
• '`u"l" to, and promote the proeperity of. this stitempolie. Nor , Tally-ho, a prisoner !" rnfortunately, however, the con- Ilk:, was wrecked 211th ult. at four a. on in attempting to make There are lectures on nutthemetica, divinity, surgery, and upon the horse, who had been proved to have been on the right side of ;
3. rti a site
n the coat point of Prince Edward's Island ; and it is feared the yes. all subjects, and if die question be whether a person may take them the road ; therefore there could hart. iwen tn.
ine;.t.a.ny tie tc, d;._
th their weight and influence alma that they were did- Istable as bad huntsman ; he had not been used to lea
a. °"''"sloport them ; their funds were reedy to be embarked in 1 "1- a I'" sel could not be got off The crew, and 31r. S. 3l•Aully, of down for his own information, and use them afterwards foe his be. fendorit to apply the whip. II Ile might net, perhaps, at the moment
„. 'lieu:v. and to give effect to the auks ours of their fellow-ci•i- ing hedge, at each of which he met with a complete sum- Queen, pwevagn, saved. A greet pats of the cage' would also be oak, 1 will make short work of it.
think of the ronsequences that *mild and did erstie Ay hie uncallett al • :"..; Neshing should induce them to reiss in their exertions; it , merset. Th• prisoner, in consequence, gained considerable saved, The Sonterroa-tlex case—Your hardship is deckling 17 fur attack, but he must now take the eumteguei res. It was very
ill 1 19,9'",;:'1,,-.:1:.t.1.10 trio !ouch than too little. Fur his own. pen. as. an I ground, sa that it, was found fruitless any l.onger to con- anliciPati;ym are
deriliin
wherete there is
no4"flinh'ultetcotitenaritCla hack for him that the boy did not meet the tate of the poor hone. i i
The 'A lame, Ued,tee. from Vi • Liverpool, , s Irmo a 1 wee finally upon 'a
•L• I h IJ "fhe Learned Judge thought the Jury might not to abate one ler-
rn e e 4,,,,e„,..v",'whi:atiki be ever found ready
aro tender b best services I tense the chime. rhe Man for hastatdy again took to the
heavy sea, 30 I es VI .S.W. of Scilly, and was thrown on her be discussed on to-morrow (this day) week.
was one calculated t enee . pea p obeli fields, and has not, we understand, been sine; heard of.— thing of the damages sought for, v.-litchi had been proved to be the 1 •
to -, se.: : and with this aseurance of support, he would for the present , . besot ends ; the master and three of the crew drowned ; the mate, CILAMOROAIIantRE caveat. COMPANY. take of the home.
en '',....4•1ne1i. dimmed at all times tto be at his post whenever the r•Sers2er (;inetec• Francis Wilson, William' Phillips, and Sl'illiam Mudge, women, The Loup CHANCE 9,9A9 is gore it as his opinion, that as there The Jury, without consultation, found a verdict for :he p/eineff
on ''''''' ^, widen of leis fellow-citizeos required his aid.—(Much SA Cal 1. I.t; A.—A cirenmstence recently occurred at East need, were so many rights involved in this question. it would be bean _demages Imoe and coats,
e•o-eft.)
(hitstiock, Somerset, which was likely to be attended with The Two Friends, —. front Gibraltar to Bahia, was "tall 7 it the parties had recourse to law, tit have those rights mauve!,
a' )Ire a
ASPERSION OF CHARAt•TER.
I
wrecked 2fith Sept. on Boa Vista ; the crew and 21 pipes of wines defined. tie would himself shortly give them an outline of the
~. • Dome these ht the grievance was a general one, and in erititte I.9IIB,IIIIVIICAN. A swarm of bees having taken sane-
or Viet r. roan N. •'Polit of stew should it be met- As no ret tor or incumbent I •• and spirits saved. cave. ;
which by its increased and
In this Case th.: plaintiff., wen is a rispatalde emu-hind-a in this
Mary in the root' of the church, „i,na Canadian, from Quebm.
arrival at i,tvetratd.
mum
„th
—ram--
~ ''' •I "glenesti.e the ri ••hand interests of his successor, he
%Vestwitister..roaa. sought to recover dam or •r from the defendant,
..at it espedient to lisik tsquestion • ledAn in'
wr the decu at once, ail. .
lustriotts family hail accumulate's! a considerable quantity „h. to company with the Alexander and Maria, for laverpool. O' COURT OF KING'S BENCH, FRIDAY, Dec. le. . i
its delicious food, was discoverer! by some worktnen who 13th was in company with the Duchess of Richmond, eheruh, and his toext door netghbont. for having aspersed his character. wit*
•"',.at: Or mutual a cement with the pr lit rector or incumbent of
• - •
3 view et temring hot eralis.
nit..;,.: rut IN: penowegrnt • • d •
of 1 ' 1 f• • . • • • • ' •11 • ler •,1 t Hee
.he lout therefore estrous eget so. wt rt n•pAtritiy. it s I . 1 . „ who, tempted by the an- lteitteca, of Greenock, and Si. Lawrence, of hoodoo • sane day THY NINO v. DCINN. 91:1. •ND itexti, .1I:N.
,rf,9 ' •
exchanged signals with the Mary Jean, of London, Lawton;
vessel There were two proweutions by the Crown, oit the pan of Lau- It spot-Arai from the evidence of the witressoo in stippco of the
rat s'•e• He vow rod:slit:it that the House of Commute% would tictp„itit ',taw c; hail recourse to Ole usual cruel mode of
declaration that on the I 4th of A I 'plaintiff; .
Au last, I te who Wit*
ot te„, ~
had beet) on shore, and was returning t.• Quebec. Toe holy revue and Emanuel Levi, two she/ill-it otlicers,.whit fuel gone to
re ~ sne raw
protection for which they called upon
, Overflying thaw inslu i i stratus inserts, in which they sue-
labouring tinder' severe • I • •' •
int lipositant. went aim ter Oxford Arnie
l' the ereseat instence, This was • far preferable triode of ue- . : t • • . Ilenlon and Kelaiek Ifood Were tO Sail from Quebec for Liverpool Arghella.row, Pimlico, for the purpose of arresting a eine Nixon,•
99
tavern rear his own limm. o 1 :
. o same listuess. and there Met the
" -., tt• evetleti by introthiettig brimstone matches, and secured 11th wt.
and lad there been assaulted by the defendants., who weoe auctioneers,• .
f er :. .e question tu a law omit• which might afterwards be trans-
• ret to the House of horde, it should be endeavoured to he- about 5011). of hooey: one of the matches, however, caught —.0..--.
and had the charge of 3lrs. Nisoit's house. A third Jew, that, 11,4,411 am, who was drinking mime Burton ale. The defendant
If k",." tl.e Mods ,51 me 3ferwier, of that Home ow many of its a part of the wood work on fire, which smoulth•reil for tome IIrLL SHIPPING. named Levi, accompanied the °divert. At eight o'clock in the ask-ol hint to take a ghee. which °Mt the plaintiff refusal, ae. aelo:t of his ill stair of health ; however. by the entreaties of the
elt *."'...`,7-tis were themselves large and extensive intpropriators)) that boon, but was fertunately discovered before. it had kindled - e thc • knocked at Alt- Ni son's door and wen- told that sot
mon ng ) . ... . . . sivaarida:M. he eventostf.y drank the glass of s•te. upon which the
it • ''''''' 0 disposition of !motility manifested towards the cleNge. into a flame-, or no doubt the church would have fallen a nett, Tire. 7.—FOREIGN ARRIvEll.—FrOill Petasburgh: was in bed. They then math: nn a•tetolit to enter the. house• whin de ten•lau• asked him if lie mould rot stand another pot. seed her the i
•.''
I.r his own 1 noll provision Triton, II eseltine ; \{ '
atom, I rust ; Joseph and 3lary, stratford •• they were assaulted by :he two defendants. Two indictments wire i
ke :.re,,, ~Irs• he would not consent so R ")"". themY T sacrifice to the devouring element.reeisal of tee plaintiff', he toured forth the strongest lengoage he
-.. ner were noon who hall no resource kit me their John, Norte; Liberty, Cooper: Hyperion, Pearson. From lat• pieferral against the parties., but they were tried separately. 0
could think of. called the plaiiitiff a thief, und swindler, arid
et ;',Wes.6.s. („6,'"
•
r men might be succeashil in one line u.
lie lived by swindlin and lie coold prove it The plaintiff t
I' .1:../I to•successful in another. hut the clergy were confined and weather, a large portion of the foundation of Nottingham Barbara, Sargent; John. l'ampli‘ll. I'mill Stockholm. Edward. Cross-examined by 3lr. Mot. c. ii,•si.—You have said that yon i •
Now.
Away I I him and left the house, . . umed
but was followed b the defer. A .e.l its enethaty and fine of life trout which they could not c„tle, on Gillitlower-hill, gave way, and buried in the Sutton. From Alone!. James, llogg. From Aincerdsni, I'row were locked its Mrs. Nixon's pataillgt for three quarters of an hour, de. n, who calmed a n,. . t. ~_ _7 .
nom, .
Ann, Boer. Fowls Pillau Don, I hielen. From Riga. F.ody '
ter, dial you light all that time: too 0 1,01,011, to 314COirir rgunu he. house,
ibl . , • And hue wits therefore anxious to see suitable provision ruins tnu small Muses. Fortunately the inhabitants were
ee• fie them Roberts Experiment, lieown. Prom Quebec, Alfred. Clark ; Leyi—Oh no. and to whom he designated him 39 a roger and s end that
di' A nem! • of o yd. all from home, except a peor WOllll9ll and ono of her veil- Thomas Jackson, Taykr. From Amstenlam. Vrow Enegeltje, 3lr. Buouoiten—What did you do then ? Did you fight and ho only took his premixes to tshe ii sradespremk. anther,
bou a weak
tit in ..,, man here asked. if the right of the exaction -s.
'leen. about two years old ; the former was dug out alive, l'e.longe. Fowl' Gothenburg, Itewhition„ Dyer. From Peters- then rest, and then light again? after he went 10 Afr. Meek. the landlord of the plaintiff's premises. ,
stt p, 't el was considered illegal '
NI '' r* '''`'' • ' • I impression but the child was suffocated in the ruins.— I.ineofn Piper. hurgh. Nova. Donalditon ; I:entomb, 31unroe; Lord IVellington, Witness—Oh! Lord, no. and mho% oured to impugn his charm-set to him. lie told Mr. i
•e now - lii•ms replied, that there was • genera
Me :k that 'tenth was a swindler, and he was sure things eolikl net
a 55°. and lagoed to red the opinion of the Recorder on the On Tuesdas afternoon,
the 311th ult. a :shocking accident Bennett. Frotni Stockholm. Rachel and Ann. Newham. From ill,. Ituovoii•si—Cmite, come, Mr. Levi, look towards the , . a NI t .. ,
~h. it.
t liamburgh, William, 3l'Kenne. From Rotterdam, Bethel!, Jury, and tell them some of the joke, how was it ? 1..0 co issue i Bong,r. . ice told hint that it was strong language s i
t .• • ith was to the !Whoring area : I at flee silk manufactory of Messrs. Ilammersier
to use. and it was a pity mat he should asperse the moo a charmer- ' t
s,, t,.. _ . , t
0,,m
of,
the Art oeminee; ry
- • e .. , 11 An. From Copenhagen, Suniten, 3liek emote. From Handrail'', Wimeas—They were fighting • very long time.
oes••wie;'..as. I could ever arnee at the cons ru i t arise 'eat and l'illey, Nloelliatii, near I Itn Inster..ll, ne ellulles °I a Young %Villein', elex well. From 3leniel, Rambler.. Danison. 31r. fillortill it addreseed the Jury, and pledged himself to w:tli,.tut he could trove it. Tae de:Ondant said he could suthenti•
le l'aliaa.„,,:'_a. S•ce ond, a fair presumption would seem e.tt‘,
_,),.
1 girl I .evaitic entatigleol in the mactimery, and she was }einem it SAILED...-For lianiburgh. I htprey, limey; }lope, prove to their satiefaction that the warfare was commenced selely cote it. or hr wiled not says %
rt,
~,
,•:,,,,`
17 slat time were not altogether satisfied that the
This was the case Mr t,te iii.timi!?:
11
rdreadfully bruised before the wheel coultl be stopped. Fear; Aker, Bradt. For Sierra Leone. Story and Elizabeth, by the august family of the tribe of the Luis. The answer given
. „' i on era had lwen enrolled.
,er f 0 mom however,• •"of Iles ry VIII. I find that in Two women, in endeavottrine to assist her, became liketrieo Brown. For Rotterdam, Aquatic, Alleton. lot Bremen. An. to the Sheriff's officers was in t tfeet true, for Mrs. Nixon war. nut .On the other Fide it was endeavoured to be %hewn, that the plain.
ii .2.1.,...... to the :17th
mw dward sane, %Vessels. FOT Lubec. Ann and llome, Stahl. For Pram, in she house, having surrendered herself to the King's Bench. The s'i had used as feeProhel,":l:entreaKe to the defenelm,s• •
it-, g• 4•s i Sean of the reign of his son anti %arms . into entangled, and the arm.: of both were so severely frectured
. eau, e e ken place the Maria. Bull. For Rotterdam. l'ltristi - Ilion
ra.gaard. Fun Ham. defendants were in peosessien of the house by the ateltiwity of Mrs. The Learne 1.714• 3w - I ter J •`: • df.te i t. . net e tire. a. e teun or the pha
man i - ' . •
..„.,t,. a
.i in estigatior. which Led ta
t„..e. 31,,1 I.teerat9tl as to reeler amentation immediately Nees. burgh. Sorel: Anr. Kettle,. For Stora L-one. Governer Ifalkeet, Nixon. alto had directed them to dimose of her (fords; mid they tiff—liamag 'l• i • -n'
eel ""n",leiion was appointed by the King to make
~
_i
....,.
~,
.g` 'e
9.. .ts.; an, expressed themselves eery that the; •
Dixon. had found it rem-retry to send te: a ceestalee to defend then: canal not g. .-e ito: eialut...t Loser de•tteges. 1 '
tee In Ibis reign e appears Oltc reign. ye:a ...t :L1:! u; . .
!..
.

I

I

IRISH LAW INTELLIGENCE.

COURT OF KING'S BENCH, DUBLIN, Dv:. 7.

UREA t•lt OP PNONI!M OP SETTLEMENT.
The ('nos i• Jet:trier having shortly after ten o'cluek taken his
etat on the (tench, and a Special Jury, sworn the day before, hay.
eic ireimed their seats in the box, the adlourned vote of Maddock
Lit ethith Nolan and John Mahon, executors of the late Janice
O'Fictiagati, was called on. This setion was to Weyer the !LAI of
;.000fo, kr. from the defendants, as repro %entailers if the ire Mr.
(WThinsenn, which sum i: was alleged he had promlecd shoidil he
.teed on his gmnil.nlece, the daughter of a Mrs. coehing,
should
•he foresee he married to the plaintiff. The marriage slid take place.
The plaintiff rested his case, which was neater! by Serietnt Geoid
et' Monday, principally on a letter front Mr. IFlNeagen to Mfg.
I 'cockney, in iieswer to a letter or letters of hies, dated - from Bede,
tlie non of January, 1813, elating that the plaintiff hail paid his
ofiliescre to her darighter, praising him in strong terms, and
tee. me his tteistance to coestimmate the match Fetwe tweet the plain-
:fi end herd seghtee. It spreareel that Mrs. Cocking on that ac-
t:emu entmated hat uncle, Mr. "'Flanagan, to write her a letter
eipreititer of his acquiescence in her wishes, rutin; the fortune her
deughter was in expect from him, and reepeettng other things
ohich she pointed out; whit+ letter was shown to be to the plaintiff,
ha lied previauel7 ingalred from her, Mrs. Cocking, as to her
thle•:lrer's expectations from her family, fee.
Mr. O'Concerat, for the defendants, animadverted with con.
sideranie -territy on Mrs. Coeking's letter. or letters. They were
a combination of mantling sentiment, wild affectation, and mean-
ness. " lif she mold accomplish her views respecting her
doer 31 rat y Anne, she wmill think of nothing after but beeline!.
Site would rut indolge herself with a drop of wine—he (the plain-
tiff) dor said, 'remit: bring her daughter to Ilublin Castle"—he was
"al sweet yeting;* " a good young man," charmine young--she
represented hint se reeessing pniperty ; also, that he was of the
•. first r.e.t.icerk"—his father of great respectability in lamdon • and
he, too. a mar relative of t• a !obletrian's wife in !lath, a Lady
if (fang...-.(Lateiner.)—Thie was al! done, said Mr. O'Connell,
to Hatter the pre,jirdiees and the Connaught pride of the old Mile-
siert, Mr. O'Flanagim ; and she *fated, amongst other thing", in
ie letter to Mn. Nolen, beginning with " My beloved Sister,—
'Mte Englishmen are odd people; they wish to think the Inies
• them' —I laugh:eel ; and shis., after all these expreesinns, asks
,e• layer-in, living in the wilds of Connaught, to write to her
•• the loving, kind, am! elegant manner he used always to do."
Mi.. ("Connell, after eutnuienting for a length of time on theme
e,
i stated that they rontained gross misrepresentations in
anent ni.npretn. lie then drew attention to a letter, mitten by
c. I ol'lseagetn, which was proved on the preceding day, and re-
lied upie• h, the pheintifi; as eontainieg the promise which was the
fecundation of the aetiou ; it was date I the lit of February, end
ens in etohemnr, that he wee glad to find his dear little Anne was
or: re •eived in the world. that she had been always a favourite
iin !ma, ke. ; he was glad her affections were placed upon a
• "tan that was iieserring of them • that she (Mrs. Licking)
teeen hoe: his property was eireumstenc;d ; that he had no ready
riert:e to Fre his daughter during his life, but that the two thou-
i,i.n.l pounds he had already said he would give her he was reedy to
sett• on her, if a proper settlement was made on her; and
tecloded be saying, her bliss ('ocking's) father's family were
te•y respeerable in the pert of the country they belonged to, and
that ~he might have enpeetations of deriving wine additional pro-
I cry f.orn them. Mr. t )'C. contended that the letter contained no
premise, that it was nothing more than evidence of a treaty that was
one toot; rind he referred to a letter from Mr. Maddock, dated the
Ith of Fehmary (the day after the other was reveired by Mrs.
C.iekline) et inng his (plstmitra) readiness to make a settletuent
on his groul.nieee. Sir. O'C. faigi the offer in that letter was
re; aeceptml. and where there was no acceptance of an offer it was
He cited the ease of 11`Keever v. Richarefecon; IS East,
I. 9;d. to sustain his argument. There the defehdant gate a letter
to • seercoo of the name of Anderson, stating to M•iteevre that he
'Ma{ lent:My safe iii giving him rigging to the amount of diftftWo
• that he was ready to guarantee the debt. Andersen
0. en itet.on was brought against the defendant, but the King's
iter cis. sheer it was tried. decided -that the defendant was not
she plaintiff no: haring signified his acceptance of the offer.
i'oe nisei:nee between the plaintiff and !lies Corking took place
the 7th of March, at the Noise of Colonel Nelly, at Bath.
Nell!, reedited a letter from Sir. O'Flansgan on the bth
of Mired,. dated the 27th of February. begging of him (Colonel
erne) t e look into the plaintiff's circumstances, and if they were
ma better than he (the plaintiff) bad it presented them, he would
2,1; his bands out of the business. Coloael .Nelly proved that
i.e communicated die contents of this letter to the plaintiff un the
irer::brig of the marriage; he, however, added, that had the match
hewn then broken dal, the young latly's character would hare been
dent/treed. She mould not live in Bath, tier come to her native
cotietry, without the finger of scorn being pointed to her, for the
marriage binna had been previously published, and he (the
plainti.f) had even lived in the sante hotel with Mess Cocking
and her mother, asa person that was soon to be the former 's
Ile. O'Connell. however, urged that et en if the first
litter cotonined any contract, the subsequent one too Colotoel
Kelly l efore the marriage was a retrauation. After dilating Upon
other p Onts favourable to the defendant, he called upon the
Jore, to ennsider the consequences which would arise to Mrs.
Nolan and her children, by their giving a verdict against her.
tit. irALLACE spoke to evidence. fle upheld the pure, up-
right. and honourable conduct of the plaintiff', which remained
totally untouched, either an a ratan or a 'tattier. Ile was not to be
visited with the consequences of the letters of the lady, who lied
been alluded to by Mr. O'Connell, admitting that she deserves the
il3rt have been given her. Surely, then, the plaintiff's
rei•
•fortunt- was great to lieeorne connected with such a family ; we
ore the victims of the double dealing and duplicity of the whole of
them. If this woman went to extravagant lengths in her letters.
was lie to he accountable for them ? having an unpile thrtune,
and a poifeitsion bringing him sonic hundreds a year, could lie not
get a bettermatth than this lady with 2004 K., one penny of which
hr vas oat to receive immediately ? Did he not promptly make
a s ample settlement on her, and fulfil his part of the contract in a
(Si: and honourable mentor ? And if so, was he not entitled to a
vi rarer Ivor 20001. I Mr. Wallace contended that the letter was a
t'i and be was sure his Lordship would state such to be
tee law of the case.
.1 itge linarow considered the letter of Mr. lEl'l:mai:an as being
o legal doeinuent to substantiate the present action. and he con-
ceited the letter to hit. Nelly did not amount to a retraction of it.
'Cite first letter was evidently written to confirm this eoung man in
the Rent imerts he had previerasly been led to entertain by the mother,
or the daughter's expectations from her grand-uncle. lt led the
parties into • situation that neither one nor the other mull be cre-
ditably extricated from ; and there did not appear, to have been
alything mean or sordid in the conduct of the pleini iff—quite the
contrary.
A beet bre o'clock the Jury retired, and, after a few minutes'
ahsence, brought in a verdict for the plaintiff of ?AV!. (including
.nteresit. and sixpence costs.
Mr. O'CONNELL stated a number of ohjetelons against the
Learned Judge's charge, which, with his Lordship's permission, he
inild revere for a case, and plaze on the tecord.
111, Loanstift assented.