The British Press; or, Morning Literary Advertiser.
London, England, 1805-11-11 00:00:00

1. I+i' IAtELLit;EACt.

COMM OF ILlNCireilLucH, Waerniestee. Nov- 9.
The Coat was occupied the whole of this morn-
ing. in hearing and disposing of minions for new
trials. Their Lotishipe were dressed in their fell
scarlet roles (the Chief Justice. with the insignia of
that "dice). for the receptint of the sew Lotd
Mayor.
01105 r. ett.isov awl °TRU,.
This was an shim; for fake imprisonment, add
bed been tried the last assizes lor York
Mr. &leant CUCILILL applied for a Rule to
set aside the verdict of 201! obtained by the Plaint-
iff, and that a new trial should be had, upon two
grooads. First, the incompetence of a Juror
ands secondly, dh the grounds of excessive de-
mars.
ft appeared. upon the affidavit. that one John
Mss? had Item sworn upon the Jerry, who, upon
inquire. it was discovered. was not a freeholder of
that minty. but theson of a man of the name nsme,_
who was a freeholder, and regularly summoned;
Mot. not choosing to attend himself, sent this young.
man is his Owe ; and, answering to the same name.
he was swore upon the Jary, and ailed for sortie
time in that capacity, before the constable, wets
served the summons, discovered the mistake. it
farther appeared, that be was only in his one and
twentieth year, which was a further incompetency.
In support of this objeiion, the LearnedSeij•aia
cited the case of Norman and Beauman. in Wiles
Reports, and several other appropriate cases.
Mr. Justice Le BLANC asked how 'many MUMS
had been vied be the lease Jury, en that day ? as
they all must be in the maw redieensent.
Mr. Pate answered, that it was oe the following
week& the incompetence of John Mangle was
discovered
Mr.Seajcant Cocasst. contended, sat the second
ground% namely of recessive damages, was still
stronger. The Plaintiff. is this caw, James Dixon,l
Esq. was a Colonel in the East India Company's
service. and $ native of Soodisad. One of the De-
fendants (Mr. Crochets) having a writ against a
gams of
.the same name. was informed by Mr.
Allait.'en warner (another Defendant). that a gen-
dews% of that rases had lately arrived at t larrow-
gni, from the North. Clutters, accordingly, sat
down a writ from London, with a 'Mame descrierdhe
of
the Defendant, which "sadly corresponded with
t'end Dime's person. Mr. Allen. acciwdingly,
ad ea him, and, wiling his business, asked his
name which the latter told him. and said he was
net derma but refused to give him any Nobs,"
eatiatbes; threatening co kick hint out of Jolts.
Mr. Anse Paired. and being thus insulted, he had
the Coked arrested soon after ; be again mid, he
was not die person. but persisted in his refusal to
answer farther interrogatories. The Sheriff find-
ing it a very peculiar case, the debt bring con.
siderahle. and the description answering so exatily
is every particular, obliged the Colonel to give bail
before he was enlarged, which was done a very short
nine after the arrest. Upon these grounds the
Lassoed &leant sought a new trial.
Coart.--at Take a Rule to stew cause. on the last
rounds."
twa tom, v. SLUM Stamm, ABBOT, lissi WINES'.
This was an iitforn;ation filed by the Attorney-
General, against six Defendants. for a riot at the
late elitirros for the Borough of Knaresberough. in
1604. The dale Defendants, Allen. Hughes, and
Abbate had been coevided, and the ether three were
etirdllsejeset Hatwooo, en behalf. of Allen sad
AlRlsges Mega WWI aside the convitlirn, as against
these two persons, and for a new trial, upon the
gram& that these persons were in a different
pines front that stated in the indidmetn at the time
of the riot; and also on the informality of the five
fine consti In it. On the evidence of Sir John In-
*fishy. who was Iligh Bailiff. it had appeared, that
as he was proceeding along with Mr. Wilson, no.
titer Magistrate. to hold the election at the Tomb.
Hall, he found the steps filled by a great rnob;cit
people, who talked a great deal of nonsense ;
amongst whom the Defendants were foremost. and
permeated the eleainn from going on. The fae.
however, was, that these Defend-sots were in the
Market-place.
Lord EL I. eueolocon, " Where a part of the
riot was carried on, and answered the general pur-
pose of the rioters, it was flegraate tomtits, and
formed a part of the whole riot."
The neat objedion was to the five t ct counts,
which stated many circentaances technic objeded
to by the Learned See/amt, particularly that part
where two Bailiffs were mentioned ; this, he con-
tended, was erroneous, as there never was more flan
one Bailiff to the Borough, and the precept was
never climatal to oe're than one.
It 'Rimed, however, that there were two Bailiffs,
though the precept was direded but to one, a second
person. even on this occasion. had oaciated in that
capacity. and the Court accordingly assumed that
there were two.

The application was therefore refused, and
Lied ks.sonaieriossass observed, that when these
persona were brought op for judgment, and that the
Court had the Judge's report before them, they
would further consider the subjed.
saLoou sr LILT.
This was an anion for breach of agreement, and
tried before the Chief 11.11•011 the last Assizes far
Cambridge, when a rerdiet was entered, by consent,
for the Plaintiff, subjeet to the present application
to the Court.
Mr. Serjeant Sector said, this •was a Motion,
either to set aside the Ver..lia, or for the Plaintiff to
answer the matters of an affidavit. The Plaintiff
was a Brewer, and the I)efendant a Publican. It
wes agreed between these parties, that the 'raw
was to have a house. which be should keep open at,.
sU hours, for the entertainment of guests in thee,
haul way ; and it was (neater stipulatpd,,that the
Defendant was to sell the beer and ale the Plaint-
iff only, at the rated peicei. But, in Ihia latter
point, the breach was assigned. as the Defendant
sold the beer and ale of ocher persons, in Conse-
quence of which Use action was brought. On the
Fart of the Plata:' but Inc witless was culled to
prove the agreement. Ihe l)eieodant. however,
'hewed, that the Plaintiff, had refused to supply
him with beer or a 1.., and the learned Judge di-
teded this uppitestiun to be made to the Court.
Lord Ei.i.saisoao‘un.-..4. When iike 'Quid sac