The British Press; or, Morning Literary Advertiser.
London, England, 1825-11-11 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, Tilt EMMY, Nov. le.

We are extremely sorry to ssy that the Lord Chancellor appeared
this morning in a very indifferent state of health ; and, indeed, he
mad that he was in such pain as not to be able to give a judgment
he had intended to give.
arises v, JONES:
The Loan CUANCELLOII said, in this case he would not give
4iidgtnevt till tomorrow; and the reason of postponing it was,
that if he gave judgment now, it would be such as Mr. Hart would
not liar..

Mr. Holism, on the other side said, that the reason the Court
had given for delaying' judgment was the very reason why he
should press for it immediately.
Mr. Haar could Lot venture to make Fly remark in answer to
his Lordship's statement, when he recollected the very patient
warmer in whicb he had been so fully heard.
The LOUD CHANCELLOR said if he were to give judgment
now, he would be compelled to say, No-- to the application, in e
case, in which, be believed, there was a clear demand ; and, there-
fore he chore rattier to take four and twenty hours longer to re-
consider it than finally to dispose of it. The application certainly
,asked for more than the Court had ever granted. The late Mr.
Bowes was considerably embarrassed in circumstances for some
yens previous and down to the period of his death. 31r. Pal-
mer, of Gray's Inn, had been for many years his confidential
friend, solicitor and agent. Mr. B. desiring to change his solicitor
to 1803, confessed a judgment in the Court of King's Bench
in favour of Mr. P., securing to hint the amount that might be
found due to him when the accounts were settled. The :ranee
also stipulated, that the papers should be immediately delivered
upc and that if there was any dispute respecting any of the items
charged against Mr. 8., Mr. Forster (a Master in the Court
of King's Bench, now long since dead) should settle the same.
file. B. died in the year 1810: a suit for the administration of his
assets was immediately instituted, and in August, in the same
year, • decree was made, referring it to the Master to take accounts
and distribute the property. Proceedings went on the Master's
office till the middle of the present year, when the Master made
los general Report, having taken all the accounts and paid the
whole of the creditors (except Mr. P.) the full amount of their de-
mands, and leaving still in Court nearly 14,0001. Within a day or
two after the Master made his Report,-Mr. P. for the first time
produced his account, amounting to about LAO/. for monies ad-
vantad, bills of costs, &c., which the Master, of course, refused
to admit. A petition was then presented to the Master of thy
Rolls, praying for liberty to prove against the surplus, which the
Master dismissed without coati. Another petition was presented
to his Lordship, praying pretty nearly the same thing. It was
argued by Mr. Hart, on the part of Mr. P., that there was no
principle in equity shutting out a common creditor from being at
liberty to make a demand, upon which the statute of limitations
dad DOT attach, merely because he was a few hours too late in car-
rying in his account for the Master's General Report ; and if that
were CO, a solicitor of the highest respectability was not to be dealt
more harshly with.
Mr..llconnx, on the other side, argued that it was against every
priociple, that a solicitor, however honourable and respeciable (who
ought to have mown better), should be permitted to neglect carry.
ing in his account (if he had one), which ought to have been deli_l
aged in about 1803, till 11123--till after all the other creditors were
Raid--till the wreck of the intestate's property was just about to be
uivided among his distressed family—and till a time at which it
gas quite impossible for either the person against whom the alleged
demand was made, or his representatives, to stand on equal grounds
atish the claimant, the one side having no materials to resist or
setsuinise any item ; and the other being furnished with every thing
ussessary to support his demand.
Mr. HART admitted great laches:on the part of his client, but
Wes reason of his delay was, that he considered it quite hopeless
ever to expect being paid, until owing to the turn a suit (Peacock
w. Meredisli) took, which threw a very large sum into the intestate's
Reads, and then.he immediately made out his demand.
The LORD CHANCELLOR sated, that he had known Mr.
Palmer professionally fora very great many years, and, during the
whole of that knowledge, he had always considered him one of the
moat honourable men that ever came into that Court. At the same
time this was a ease that must be decided upon a general principle,
applying to the most honourable man, as well as to one of a dif-
ferent description. -And looking at the long lapse of time (more
than twenty years) that had been allowed to pass without any thing
having been done, his Lordship thought it would be extremely
dangerous to allow this demand to be received now, and partieu-
lady to suffer it in the first instance to go into the Masters office.
It 'reared on the face of the feasonce, that the Recount was an ex-
tremely complicated one, and if it were now sent into the Master',
office, in all probability another twenty years would be occupied in
adjusting it. However, the Court would dispose of it to-morrow.
It might be that Mr. P. might feel inclined to tile a bill.

MUNN V. AQUTTER.

This case, which has been discussed, every now and then, ever
state the year 1818, again occupied a considerable portion of the
esoesinji. It was discussed upon a variation of the minutes.
Yesterday Mr. HART called for the Registrar's book, in which,
tome time ago be had, or ought to have, entered the Court's de-
claration.
Mr. Walker. the Registrar, said he had only taken a very short
note, but be had had a statement of what passed written out soon
after the discussion.
Mr. Harr refused to be satisfied with any thing short of the
book itself t this was called a Record Court, and he was entitled to
hue the record produced.
It was then .in consequence promised that the book should this
morning be forthcoming, and when the case was called on,
Mr. Walker said he now had the book, sad as what was entered
in it was not very intelligible, he had provided himself also with a
Ilium legible copy.
Mr. HART read the la..fer, and was greatly dissatisfied with it.
Ile declared that it did not contain one word of the Court's riccla-
ration, which he perfectly well recollected having begged the Court
to dictate to the Registrar, that he might take it down accurately
to present future mistakes or disputes.
The Loan CHANCELLOR desired to be informed in what re.
spect Mr. Hart objected to the note 51r. Walker had taken.
Mr. Haat at some length explained himself, and then submit-
ted the propriety of having leave to put in an affidavit er n short.
F*2l4 writer, verifying what fell from the Court on the oec.ision al.
laded to.
'the Loan Cuax c ELLOR said. he really could not sec but that
the reitord complained of contained, in effect, exactly what Alt.
[fart seemed to wish, and in the terms in which it should have
been expressed. Ibe only question was, what unstruction the Mas.
tar was to put upon the words in the order of reference. And upon
Inn question the Court would hear one Counsel on a side, on any
day they might name convenient to themselves. This case had
got into a tut degree of confusion, In all probability, In a great
eptuture through his Lordship himself, but he was ecnain, it was
niso in a great measure in consequence of some Counsel or other
having been absent when the case was before the Court from time
to time.
Mr. }lotions said, this observation could not apply to him, be.
cafe be had been present at all times when the cue was men-
Uoned.
Mr. Harr then submitted, that the best way would be, to let
the.miasqtes be deawn up into an order as they now stood. and
than for the parties tO have liberty to re-argue the thole case by as
man, Counsel aa they pleased.
This Loantistaxcut.Loa- —No, certainly I will not permit any
sock line of proceeding ; I have had enough of that already. (inc
t;uonsel crnly, and no more shall be at liberty to argue the point I
hare mentioned. or to re-argue the whole cause. And now the
Lase stands for the option of the parties.
'VICE-CHANCELLOR'S COURT, Nov. 18.

not having been in attendmes at the time It wits cared on Would
perhaps induce his honour to accede to his application. The case
stood tenth on the list. Mr. Purvis's clerk was instructed to witch
it, that he-might give information of its tieing about to be called on
to Mr. Purvis, who was to have apprised him (Mt. Health. This
plan had been defeated by the rapid manner in which the preceding
cases had been disposed of'. Under these circumstances he hope
his Honour would restore this welt.watched case to Its place. ,
The VicE-Cuarretittoa had no objection to this particular
cane being restored, on the usual terms, but tine was not to be eon-
aidered as a precedent, for he Mould, for the future, strictly adhere
to the rule he had laid down.
J.ANCAST Ea V. ATIINSOn.
Mr. HEALD and Mr. PIIILLIMORt were fur the plaintiff; Mr.
HfoRNE and Mr. FISHER for the defendant.
Mr. PHILLISOIE stated, that the bill prayed that an account
might be taken of certain monies which the defendant had poestemed
herself of, and that the same might be divided into two equal
shares, and one paid over to :he plaintiff The plaintiff was the
wife of J. Lancaster ; her maiden name was Mary Atkinson, and
she was the sister of the defendant, Isabelle Atkinson. William
Atkinson, the father of these parties, was possessed of a consider.
able personal estate. In 1307 he made his will, in which. efla be-
queathing various legacies, he gave all hisestatee. personal and real,
to his two daughters, subject, however, to the payment of hit debts.
He died on the lit February, 1821. After hie death, his daughters
took possession of all his estates, and paid off thick:Ms. The bill
then went to state that the testator, who was very old and infirm.
gave up to the plaintiff, hit eldest daughter, fifteen Months before
his death, the keys of his eltek and scrutoire. This was is the
presence of the defendant. He then told them that there was
a great deal of gold locked up there, and that they were not to
touch it till his death, when they might divide it between them,
but to take care in the mean time to le( no one know that it *as
there. Shortly after this, however, they went to the rooms
where the desk and scrutoire were placed, and opened them
both. In the desk they found 700 guineas, and in the scrutoire 100,
along with a seven-shilling piece. After having counted it, they
toot the 700 guineas front the desk, and put them into the scrutoire
with the remainder. When this was done, the elder sister, the
present plaintiff, put the keys in her pocket. About the month of
September, or October, 1819, the defendant funned the pion for
getting the keys into her own possession. For this purpose, she
pretended to her sister that shc did not think the money quite safe.
The plaintiff, upon this, proposed to go up and count. ,'hey ac-
cordingly went up and counted it, and found all right. The bill
then went on tout', that the defendant, a little afterwards, asked
her sister for the keys to look for some rings that were in the scru-
toire. The plaintiff gave the keys to her sister, who immediately
put them into her pocket, anti told her sister she should never have
them again. In order to secure them, she, in the day-time, always
had them in their pocket; and in the night ettached them to her
waist. In short, she had possession of them till her father's death.
After that event, the plaintiff applied to the defendant for the
keys, that they might examine stet divide the contents of the ecru-
Mae. The defendant said that she had better go to Mr. Atkinson
(a Solicitor) first, according to their father's direction ; and that
when she came back they would open the errutoire. The plaintiff.
accordingly, went to Mr. Atkinson, and when she came back her
sister agreed to open the scrutoire. It was accordingly opened, and
the defendant directly drew out a drawer in it, and seeing it empty,
cried out the had been robbed. This, however, was not one of the ,
drawers into which they had put the money. Coon opening ano-
ther, and seeing it also empty. the defendant cried put again she
had been robbed. The plauniffthereupon charged her-with having I
taken it away whilst she was gone out, and that abe knew she bad
not been robbed. The bill further charged the defendant with
having. obtained possession of the key in an unfair manner, and of
admitting it was so. That she hail made such adrniseion would be
sufficiently clear. The plaintiff; in the presence of her sister, told
a person named Phoebe Kitchen, of the manner is which ha sister
had obtained the keys, and of the money that was in the scrutoire.'l'he defendant heard this and did not deny it. After the defend.
ant had obtained possession of the keys, her father desired her to
give them again to her sister, but the defendant refused, and said
as she had got them she would keep them. She had kept them,
she had possession of the scrutoire, and the plaintiff now came taro
Court for her moiety of the money.
Mr. FISHER, for the defendant, now read her deposition. It
agreed with the plaintiff's in describing the manner in which their
father give them the key. It then went on to state that she had
reason to think that the plaintiff had some other key that would
open the scrutoire. The deposition further stated that the deo°.
nent had been informed and believed that her sister had lodged
1001. at a banker's in Whitehaven. When this information
reached her she charged her sister with the fact, but she denied it.
After this the deponent asked her sister what money there was in
their fathers' house, but the plaintiff would not tell her, and said
she should do just as she liked. The deponent then went to the
banker's, and the clerk informed her that Pherbe Kitchen had
lodged money there. This she believed was done for the Plain.
tiff. About September, 1.110, the deponent had occasion to go to
her father's bed-room. The above-mentioned desk was in this
room ; the scrutoirc was in a back-room, which could only be got at
but through her father's bethroorn. 'When she entered the room,
the door o' the back-room was open, and she there paw her sister
with two bags of gold in her hands. She naked what they were ?
Her sister informed her that it was the gold her father had men.
tioned. The deponent was not able to wait, as she had to go down
stairs to her father; she, however, returned very soon afterwards;
and saw her sister coming out of the back room. She did not see
the gold bags, so that she supposed they had been put into the
scrutoire. She saw the keys on the table and took them up, telling
her sister she bad bad them long enough. She offered, however,
to return them, provided the plaintiff would tell her how she came
by the 1001. in the bank of Hartley and Co. The defendant further
deposes, that she never looked into or unlocked the scrutoire till
after her father's desttt,except once,and that was merely to put seine
writings IntO it, nor did she then, or on soy occasion, till startler
father's death, search or look for any of We money. Up to her
father's death she firmly believed the gold bugs were in the scrutoire.
When her sister first asked her for the keys rafter her (*Ma's death,
she was ill, and told her sister that she could not go then, and that
sins thought the plaintiff ought to see Mr. Atkinson the solicitor
first. When she saw the drawers were empty, she charged the
plaintiff with having robbed both her and their father. This was
all she knew of the matter.

Mr. HEALD then rose for the plaintiff. By the deposition they
had just heard the defendant did not deny having taken the gag,
nor that she had taken such tare of the keys. The plaintiff had
evidence to prove these facts. The ease, however, appeared totim
to lie in a very narrow compass. These two ladies were only
daughters, and their father was so old and infirm that they were ex-
trentely a xious to chew their affection by taking care of his pro.
perty. By reason of this anxiety the defendant had contrived to
get possession of the gold, which was not forthcoming when he
died. There is no doubt she took it during the life-time of her
father ; but whether it was during his life or atter his death was not
material to him, because he could show she had it in her possetivion.-
It appeared that fifteen months before the testator's death the keys
were in possession of his eldest daughter. The *awoke bad been
truly described as being in a back worn. It would be well to state,
in addition, that this back room was the sleeping apartment of the
two sisters till the eldest married, when the defendant slept
there by herself. This was proved by a person named Mary
Walker. The same witness also proved that a quarrel took
place in her presence between the sisters, in the course of
which the defendant charged the plaintiff with having robbed
the house. When the plaintiff heard this charge, she pro.
posed going up stairs to count the gold, to see if she had robbed
the house. The witness, Mary Wslker, further says. that the two
sisters went up stairs, and returned in about half an hour. The
plaintiff came down crying, and said her sister had taken the keys
from her. The testator shook his head, and desired the defendant
to give the keys back to her sister. The defendant, however, said
she would not, and walked up and down in a triumphant manner.
The witness further says, that she saw the defendant often, and that
she always had the key round her waist. Another witness, l'hebe
Kitchen, in answer to several interrogatories, said that she wee told
by the plaintiff, in presence of the defendant, of the manner in
which she had got the keys, and that the plaintiff appeared afraid
the defendant would destroy the will, as she had now the emi-
t:nand of it. Upon this the witness told her Om need not be
afraid of the will, as her sister had an equal intermit in pre-
serving it. The plaintiff then said that it was not only the
will, but all that money, pointing to a paper on the table,
which had 817 guineas written upon it. Now it was proved, ob-
served the Learned Counsel, by another conversation, that the de.,
fendant said she took the keys because she feared her sister would
dealeo the will; but he did not find, in any renege of the answer,
that the defendant accounted for the manner in which the gold
departed.
The VicE-CniorCiLLOß—Was the taking during the father's
life then ?
Mr. LlE.sxm--That is not materiel to our rare.

The ificl7:CmatmaLoa—Mut if it Mra during the life of the
father, it amounts to a felony.
Mr. 111:m.D-.-1 am aware that it would then become a felonious
act, but would not amount perhaps to more than a freach of trust. i
The Vlcw.eltsticat.t.ua—llow can that bey She had no
quo.
Mr. 13Eaus...-I won't pretend to say that she took it during her'
father's lifetime, or even that she took it at all. We merely trace
the possession of the ecrutnire which contained Ow gold to her.
The bill appears to say she took it after his .lest h.
The VICE-CIIAT4 cELLoa—That is material.
Mr. 1101INE—Certainly It is.
Mr. PHI LLI 310 RE—The charge In the bill is, that she put of?
opening the scrutoire after the death of the father, on pretence of
illness.
Mr. Iftsz.n--The question is, whether this is a possession of
the property of the testator y She is proved to be in possession of the
scrutoire containing the gold, and we now call upon her to give us
our moiety.

Thr VicE.CitmccELLort asked for a copy oftw erlJence,whieli
was handed to him.

Mr. Pitt Lit MORE then read some further evidence of Mary
Walker's, but it wainot material.
The VICE-CHANCELLOR. then asked what evidtnco there was
on the part of the defendant?

Mr. Franz R, for the defendant, then read the evidence of a clerk
in the bank of Hartley and Co., at IVhitehaven, named Harrison.
He proved that in March, 1819, 2001. was put to thecredit of
Atkinson. Another witness, who knew the plantiff proved that
she had once put some money into her hands, and told her it was
1001. and directed her to carry it to the bank. 11'i:nest could not
read. She gave the money in at the bank, and they gave ber a
check, which she carried to the plaintiff.
Mr. Hours here begged to call his Honour's attention to
Mary Walker's age. She was only sixteen al:en czaagled upon

• •'‘ -
IrVl 1
sus • iftierin •rimr•vr Tlr •

interrogatories,and then spoke to events which must Lave happened
when she was only twelve.
' The. Vicx.CHANcrLLoß,said he bad Observed.
Mr. HEALD—But her evidence is confirmed by others.
Mr. Frsite:g proceeded with reading hisdepositions. The de.
fondant further deposed, that she had been informed ber sister had
told some she had deposited 2901. in Hartley's lisnk, from
the savings oitt of her father's income, whilst she had the manage.
resent of his affairs, 'The defendant did not think that her sister
could have made any such haring, but thinks that it was part of
the gold out of the seruteity.
. The testimony of a witness named Mary Ann Burns was then
read. She had resided in the house of the testator. During the
first part other residence, the plaintiff kept the key.of the scrutaire ;
during the last part it was the defendant. The witness then spoke
to the two sisters quarreling and leaving the room to go and count
the money. r,laintiff came down stairs crying, and told her father
that the &ROW had the keys. The team= asked for the keys,
and his ydrufgeig daughter gave them to him. Be put them into
. his pocket, and Shortly afterwards gave them had' again to the de-
fendant, saying that she might have them and welcome.
The VICE-CtrAsc E LLo a—This is in direct contradiction to the
eildence of the plaintiff and Walker. The case shall go before a
Jary. I shall order both the sisters to be examined. There is
gross perjury on one side or the other; it must go before a Jury.
Jilr. H EA LD-1 have no objection.
Mr. Hon NE—My only objection is the extreme poverty of my
client.
Mr. HEALD—Why, you have got the gold.
Mr. Ho ns E—No. nor Dever had.
The VIC F. CIIANC rum n—l tis a matter of great suspicion. It
is not credible that the father would give the keys back to the
defendant.
111 r. Hossrg—lt is an admitted fact.
TIE E Ving-Citauczt.r.ort —All the other witnesses prove the
contrary.
Mr. IlonNE—.l ern sorry that your Honour has that im-
pression.
The VIC E-CHANCE r.t.o fi —1 wish you could remove the sus-
picions I entertain from my mind.
111 r. 11 ottxE—lt is highly desirable that no further expense
should be incurred. hoes your Honour think that the plaintiff has
made out the first point that was required, viz. the existence of the
money ?
The VIcE-rtralretxx.on-1 think they have. There is such
gross perjury, that it is fit it should go to a Jury.
Mr. HORNE—If it is to go to a Jury, whit him must the issue
be in ? Is it to be considered the testator's money ?
The V icx-CtiaxcErnon—The statement in the hill is, that
after the death of the father the defendant tells her sister to go to
111 r. Atkinson, and that whilst she is gone the money is taken.
Mr. llonwr—Can it not be made an action of trover ?
The VICE-CtiascEt.t.on—Mhat would be the most Anton-I
venient mode possible. The issue is best. Why should you have
the indirect instead of the direct course?
.Mr. flOßNE—There will be a vast number of facts to prove.
' The Vic:x.ora NcELLon—I tis important to justice that they
should be proved. It must go to a Jury, as I before said, with
Warty to the Judge to indorse any special matter, and must be
tried in Cumberland.

COURT OF KING'S BENCH, WESTMINSTER, Nov. 10.

KING AND QUEEN OF THE SANDWICH ISLANDS.

RILL AND OTHERS T. STARDECR.
This action was tried before the Lord Chief Justice, at the
Guildhall sittings after last Trinity Term. There was a verdict for
the plaintiff, and 200/. damage,.
The plaintiffs were the owners of a South Sea whaler, the de-
fendant was the Captain. This vessel returned, after an absence
two years and two months, with a cargo of 270 tuns of oil. The
plaintiffs were dissatisfied with the result of the voyage, refused to
pay the Captain his wages, and brought this action against him
for damages, on three grounds : Ist, that he had made a devia-
don ; 24, that at one of- the Sandwich Islands he took on board a
woman whom he kept on hoard for several months, and in conse-
quence neglected the interests of the plaintiff's ; :*KI, that on his re-
turn front the Japan seas the Captain took on board as passengers
for this country, the King and Queen of the Sandwich Isles, their
suite, and provisions for them during the voyage, whereby his
voyage was lengthened, and he was unable to avail himself of
the opportunities which might occur in his homeward voyage for
obtaining a more complete cargo of oil, it being the ordinary
practice of the Captains of Sohth Sea whalers to complete their
cargoes on their return home.
Mr. ATTORNEY GENERAL this day moved for • new trial,
on the pound that the verdict was against evidence, and against
the opinion which the Judge had given in his summing up to the
Jury.
1 he Court granted • rule to show cause.
COVENT-GARDEN MARKET.

PRINCE t•. LEWT.I.

This was an action tried before the Lord Chief Justice, a few
days ago,-at the Adjourned Middlesex Sessions. There wrs a
nonsult.

At the trial, it appeared that the defendant was a pntatoe salse-
man in James-street, Covent-garden ; that he placed a waggon
before his door for the purpose of selling potatoes out of the market,
and thereby defrauding the plaintiff of the tolls to which he was
entitled, as lessee of the tolls of Covent-garden Market under the
Duke of Bedford. That Covent-garden :Market is, by the charter
granted to an ancestor of the present Duke of Bedford, a " market
for the sale of vegetables, fruits and Bowers ;" that the plaintiff
has let out a considerable part of the market in covered stalls and
china-shops ; that at some seasons of the year the market is ao
completely occupied, that there is no room. On this evidence
the Lord Chief Justice held, that as the plaintiff had not applied
the whole of the market to the sale of the articles specified under
the charter ; and that as at certain seasons of the year the market
is overcrowded, the plaintiff must be nonsulted.
Mr. Gl' RNEY this day moved to set aside the nonsuit and enter
a verdict for the plaintiff, with nominal damages. He contended,
that there was sufficient room for the defendant in the market, and
that where there was such accommodation he had no right to set
up his wagons for the sale of vegetables out of the market,
although a part of it might he appropriated to other purposes.
Mr. Justice BATLEY—Did the plaintiff ever give the defendant
notice that there was room in the market ?

Mr. 0 uaNF.Y—Yet ; he wan told so by the collector of the tolls
of the market at the time. This occurred in January, when there
is plenty of room.
The LORD CHIEF Jurrxr —You are under a mistake, The
collector did not say that he bad ever told him so, and this had a
considerable effect on my opinion.
Mr. Justice BAYLEY—This is merely a vegetable market ?
Mr. GURNEY—It it : by the charter the market is for the sale
of vegetables, fruits, and flower,.
Mr. Justice BAILWY—My doubt is, that if it be merely a re.
getable market 4 whittles, it part be applied to other purposes, there
be room enough for the deteintant ?
Mr. GURNEY—But we proved that there way room for him.
The LOAD CHIEF JUSTICE—NI-as he desired to go into the
market ?
Mr. Ginaxgr—We demanded the toll of him.

The Loau CHIEF JUSTICE—Yes, but you did not desire him
to go Into the market.
Bit. Justice BainEY—The question is here, whether each man
has aright to choose his place, or wheiher the leases of the market
may allot out the market as they please ?
GuaxEY-1 submit that that would be no objection, if it
was so.

The LORD Curve JUSTICE—It appears that part of the mar.
'ket peculiarly approprtated to the sale of vegetables is set out for
annual renters, whereby the market is kept from the venders of
vegetables. The question is, whether, under such circumstances,
you are entitled to complain ?
Mr. CinatrEY—The defendant has no right to complain of this,
provided there be room for him.
Mr. Zustice LITTLEOALX—IIave not the public a right to
choose what part they please! Ifere you let one-half for stands,
and a quarter for crockery-stalls, so that the public have only a
quarter of the market.
Mr. Gunstse—There was room enough for the defendant ; he
would not take it be did not wish to take it; he had rather rc.
main in James.street. _