The British Press; or, Morning Literary Advertiser.
London, England, 1824-07-13 00:00:00

SHIPPING INTELLIGENCE.

FROM LLOYD'S LIST.
FAL MOrTIT. JULY 10.—Arrived the Duke of Marlborough
packet, from Lisbon in ten days.
PLYMOUTH, JULY 10.—Arrived the Edward Quesnell, Haw-
kins, from New York • Bugle's. Gardner, fmtn Grenada. Sailed
the Contest, Davidson, America ; Royal Yeoman, Willis • and
Ladd Ridley, Scott, foe Quebec ; and NVilliam and Amelia, jones,
for St. John's, New Brunswick.
Dern N PORT.—Arrived the Harrier, from Cork; Valorem, from
Spithead • Dyra, with sixty seamen, from Liverpool. The Rom-
ney it ordered fur commission. The Vengeance, 81, will be
launched at Pembroke on the Zkl instant.

COWLS, JULY ll—Arrived the 11tenons, Laing, from Rio
Janeiro in sizty-eight days ; and the Travis, Cobb, from Illacaio.
PORTSMOUTH, JULY 11.--AlTiVed the Ilibberts, Thicker,
from the Downs, and sailed again for the Isle of Franee ; Speke
transport, firm Plymouth ; and Berwick, Jefferies. from New
South Wales. Sailed the Jean, Drown, for Petersburgh ; and
Borodino transport, for Liverpool.
DEAL, JULY 11.—Came down from the River yesterday, the
Elizabeth, Swan, for the East Indies; and the Timandra, Wray,
for Madeira; Aurora, Young, for Gibraltar; also, to-day, the
Bristol,lb, Trieste ; and Ruby, Haslewood, for Ascension.
Five r.st.—Stveral brigs, tce. are coming round the Foreland,
from the River.

GRAY ESE ND, Jr LT 11.—Arrived the Atlantic, Walker, from
Haniburgh ; Scotia, Dole, from Riga . • Robert, Wrightson,
from Palermo ; Fortuna, Catlow, from Magadore • Exile, Luck,
from Danuic ; St. George, Brown, from Grenada; 'Charles, War-
ren, from Palermo; Denis, Roberts, from Sincapore; Hope,
Ford. Loin Leghoen. Sailed the Royal Sovereign, Wigton, for
Gibraltar ; Heart of Oak, Robson. for Quebec; Maria, Behn,
for liamburgh ; Harmony, Woodall. for Demerara; Mary Book,
Johnson, for Bahia ; Alliance, Wltitrong. for Nevis; Elizabeth,
Osten, for Jamaica ; Fanny, Taylor. for Petersburgh ; Isabella,
l)ishman, for Petesburgh ; Sir Charles 3P('arthy, Friend, for
Demerara; Electra, Robinson, for Philadelphia; Sprightly,
Hughes, for the S. W. Fishery ; Lively, Davis, for ditto; Re-
signation, Saunders, for Buenos Ayres; Bristol, Markham, fur
Trieste.

-
LIVERPOOL. JELT 10.--Arrived the Rose, from Sic?n
Leone ; Rob Roy. —, from Maraio Sylph, Tomlinson, from
Porto Cabello ; Cumberland, Avtridge, from Barbadoes ; Progress,
Italy; and Nelson, Smith, from 3liramichi ; Elizabeth and Sarah,
—, from John's, New Brunswick ; Elizabeth and .1 lin. from
SL Andrew's, New Brunswick ; and James, Lyon, from Quebec.
PETERPIWRGR. JUNK 216.—The %Vita is very low on the bar,
owing to the long continuance of easterly winds, and several craft,
with goods, are fast there, and are likely to remain till the water
rises.

t RAMICH t, Jt:NE t.—The Penelope. Patrickson, which a:-
rivet. on 29rth ult. from Liverpool, was struck by lightning which
injured he: masts. The Borne, Arrant, front l'lymuuth, arrived
ssrue day, with loss of bowsprit, foretop-mast, anti long boat. The
Lord Coßingwood, Ifewson, from Bristol, arrived 31st ul:. with
loss of mitentnast, mainmast, head. and topmast, and main rig-
ging on one side. The Ann, Acheson, from Whitehaven, arrived
on the Ist inst. with loss of bowsprit, both topiatasu, and all
her hosts.

redact Al. 0, Fyn. 24.—The Colombia, a Genoese ship, from
Gibraltar to this place and Lima, was taken by a privateer about
two months ago, and carried into f'hiloc, but has been lib:rated ;
and she strived here a five days since. Several Frev.ch and North
American vessels, it is reported, have been captonsl to leward;
one of the French vessels is said to be valued at 12t1,u00 dollars,
and to have been taken in sight of Callao."
The Luna, Bishop, from Amsterdam to Lisbon, put into Var.
mouth on Sunday, leaky, and must dischsrge.
The Jessie. *Alpine, mien Prince Edward's island to Li.'es.
pool. was wrecked on the island of St. Paul's., in December.
The William Illobb, Norman, front London, was on shore on
Archangel Bar, 18th ult.
The 3linerva, Crawford, from Dantric to Coleraine, struck nn
the rock near the lighthouse of Niddigrin„ 19mh ult. and tilled
with water. The greater part of the cargo and materials saved.
The Locust. Saunders, arrived at the ('ape of Good !lope, :23.1
April, from .11gos Bay. with damage in her upper works, having
experienced heavy N. W. gales. The Emma (late Itiddle) ar-
rived om the 2tith April, from Delagoa Bay, with 144/ tons of oil :
the Master, Chief Mate, and one seaman, dead; and six of the
crew ill.

ENSELS annum' of tile from Liverpool
to Bichebucto,llth May, leaky, with los% of mainmast.hewl, and
40 tons of salt thrown overboard : she had 11 as,wl, a days be.
fore. the Bark African, in &but from London
to Quebec, with loss of mainmast-M.4d. topmast, foremast, and
bowsprit.

The wheat in this county is looking r,,markably healthy,
and is mostly burst into car ; tine weather only is wanted
to bring it to maturity.—E a ter (;,.L411,..
On Monday a small plot of barley belonging to Mr.
John Paul, at Milton, near Dumbarton, ma, cut down
perfectly ripe ; it was sows: in the month of ()ember last.
Same day the field was laboured end Laid down with tur-
nips,—Gliugow Chronl.lc.

LAW INTELLIGENCIE
COURT OF KING'S BENCH, MONDAY, Amy M.
Sittings in Wettarinst-r after Trinity rove, bybre the Long
Cam. JUSTICE and a Cowman /airy.

DOE DEM. HOLCRoPT n. 'IEEE AND (-O.
Thie wu an action to ITCOIrer possession of the politic-honer. the
Surt:tunilmrhad Arms, in Great Russell-street, Covent-garden,
on the gri.r.nti that the defendants failed to repair the premises.
Evidence was given that the ground-rent wax 17f. a year, the
rent a year that the house we% very much out of repair, and
some of the windows broken. There were eighteen years of the
lease to expire..
Messrs. MA T and CHITTY condtieted the plaintiff**
case.

Mr. SCAR T. CT T (with whom eas Mr. Hrougham) addressed
the Jury. Actions of this kind ouglA to be discouraged in the ex-
creme. If tit: re was a glass window broken this action c mid be
brought ; but the Jury suppose that the defeadants, who were
very opulent, : ad held a lease of eighteen years of a horse which
returned 701. a rear, would neglect to repair x ? But there was a
short answer to the action. The plaintiff servA the defends' ts
with notice to repair within three mor.th.; this notice was dated
the Bth of August, 1023, and it precluded the plaintiff froro hriog-
ing hie action of ejectment until the three month, should expire:
but he brought the action on the ...71h of October, IPJ3. lie
submitted, therefore, that the plaintiff must be nonsulted. There
was also a receipt of rent during the currency of OA three
months.
In arguing this point en opinion of Lord Ellenhorou4b was
found directly in point. Ile held that the lease was forfeited by
neglecting to repair, and that a notice was no bar to the ejectment.
The Lunn Ji•STIC r: said, that this war not a case of
a mere broken pene of glass. T;:e intim stairs, end other pars
of the house were proved to be in :;:e most dilapidated state. He
would, however, let the question he made a case, or admit time ar-
gument in any way the parties chose.
111 r. Matto VaTT gave farther CiiiiCßOC that no repalrll .41'4
made a considerable time situ the expiraticc of the throe wcwidis.
, and that the option was miaseof pretesting serscrion by reairing
the premises so fasces May last.
Mr. SCARLET? also gave evidence of a prop- al made by the
defendants to have a surveyor on each tide to agree upon the repairs
net-exam:Jr, and of the refusal to accede to that
The Loan CHIEF Jrseict said, that as ro"grytars to run of
the lease, he was of opinion it was a forfeiture if them wet.. fifty
years to FUR.
It was at list agreed to take a verdict fur the plaintiff, sub.
iject to a case, whether a special notice, or die receipt of rent
after action brought, was a dispensation from the cosi...wet to
repair.

'3lr. BROUGHAM lißggrsted that the period of three mmtla
in the nmice area an iriiport.ilt mrt of the clew. In the r.-e de.
tided by Lord Ellenborough there area no definite paled in thy
notice.

The Loan enter JUST lc h—Uodoubtedly It is matmial, and
the terms of the notice should be set forth in the ease.
erdict for the plaintiff, subject to a ease.
HERON v. coODC lIILD.
Mr. ScABLETT stated, that tins was an aeon to ITOOVEt the
value of tour cows. The plaintiff, a cutler, in Cm:an-street, had
married a widow, in St. Anne's-street, who kept CORP. P tier they
had comfortably and affectionately dined, Mrs. Ilesso quitted
the house and carried away four of the best cows, together with
the beet furniture in the house. The defendant was electron%
discovered to have the cows. The husband, finding the cows of
more value than the wife, sought to recover them Cr their Talus
from the defendant.

John Eflerv, a- cooper, knoss both parties. Mn. Timor ear.
ried on the milk business in St. Anne'r-toreet, Westminster, before
her marriage. There were ten cows ; I nften milked therm Oa
Friday, the 13th of February, there were only SDI COWS I the test
were gone. On that day I saw Goodchlld on the pre.nities ; in the
evening I saw that four of the cows were gone ; they were in calf.
They were worth 13/. or 161. a-piece. Robert Heron's name was
on the cows.
Cross-csarnined by Mr. Gl:neve—l work for thricif ; neither
master nor journeyman.
He-examined.—l kept cows.
Henry Feuss, apprentice with the plaintiff, stated that the
plaintiff married in .`larch, 11123, and went then to skep and eat
in St. Anne's-street, with his wife. While I was at dinner on
Friday, the 13th of February last, it one o'clock, Mr. Good.
child Caine. When my master sad I tame home at night from
Crown-street, my mistress and four rows were gone.
Mr. Eastwood accompanied the plaintiff to Hendon, on Sunday.
after the missing of the wife and cows. They saw two of the rows
on Mr. Goodchild's premises. A notice was sent to Goodchild to
let none have the cows, and to pay none for than, as they west his
property.
David Williams took the premises 27, St. Anne's-street, from
the plaintiff, the day after. Bcaides the four cows, the furniture
of the house was carried away. On Monday, the Bith, the plain.
tilt was describing the driving away of his cows, and said one of
the persons was dressed in a Meet:oat. Mr. Gorsictiill said he was
that person. Plaintiff said he would oblige him to drive them back.
Goodchild said he had driven them where plaintiff could not Sod
them. I saw the wife this day.
('ems-examined.—Goodchikl said, if Heron would pay the
money he had given the wife, he waa welcome to have them.
Peters was called en his subpoena.
Mr. 0 nesse addressed the Jury. The defence 'was, that the
widow always carried on business in her own widowed moue afore
the marriage, and that the defendant bought and paid fin the cows
in enure ignorance of her marriage.
After some evidence to this effect,
Mr. SCARLETT replied.
The Loan CHIEF JUSTICE Ori:J, the only question was,
whether Mrs. Heron sold cows after her marriage he authmite of
her husband ? There was no evidence i.f any other sale but one,
and that was under circumstances of an equivocal natnre. The cir-
cumstances of the sale in question were deserving of attention.
The husband came home to dinner a: t.ne, the defendant ti id been
there at twelve, and again left the premises before one; he after.
wards returned and took await the cows.
Verdict for the plaintiff—lranisees 3;4

COURT OF COMMON FLEAS, MONDAY, JrLY

Sittings at Nisi Pries, at Irestraiast.s, 11,•t• the Cats"'
JUSTICE unit a Common Jury.

ITRA7TO2D 1.. MOSS •In OT/IrTtg.
Mr. Sergeant S'•t-GHAIi stated, that he had the honour to ap.
pear for the plaintiff; a regular tired surgeon, residing at Etor.
The action was for assault end false imprisonment. The defentlatt
3loss practised as a surgeon, but was not a regular bred ore;
of the other defendant's, :Milton, kept a public-house at IViniloor
the third defendant, Ilarwick, was constable of IVirdsor. tin the
29th of May last an accident happened in High-ion-rt. Windsor,
by the falling of a seaffhld, in consequence of which a man was sa-
nously huts. Sotto one sent for Mr. Stratford. the vial-vitt but
he not being at home, this assistant attended in his stead. The
Learned Sergeant then entered into a detail of the circtuustar.res as
they were related in the Itillowins es [deuce.
Mr. Edward IVliite exan.ir.ed by Mr. Sergeant An.% ws—l WTI
assistant to Mr. Stratford, et Eton I Ira* pmetratine to fetch Me.
Stratford to another patient, when I save a ecaffeldirg fall Tlicre
were some persons upon it who were a good deal bruised. One
man was so much hurt that I thought it advisable 'hat he should
be removed to the next eulilicthouse (the Turk's head). I then
went, as quick es I could' to the house of Dr. Fergusson, at
Windsor, where Mr. Stratford was, and he (ante to .lie Turk's
[ Had in less than half an hour. When plaintiff' and myself ar-
rived there, we found Mr. Moss in the room with the wourded
man, and on Mr. Stratford vavine that he ought to be bled, Mr.
Moss said. " Sir, are you mad, you cannot think of hleeding the
man ?" Mr. Stratford hrtl a pit ce of listing fee the purpose of the
operation, which 3lr. Mies pulled out of his hand. and pest:, i
[ him away. I had occasion to go into the town tot buriniss. aril
[ therefore did not hear what parsed afler. Mien I retercied the
quarrel was over.
Cross-examined by Mr. Sergeant Sra x tile —Mr. Stra•ford
the parish surgeon last y'ar, brit Mr. Sims is thi• year. llarat4ck.
not Ilarwich, as the Counsel for the plaintiff' towed, is a constable
[of Eton.

Daniel ICilsm, headborough of Eton, sworn--I wit prssent r.:
the accident, and heard 31r. Milmo say. send for 31,. Scree-mt.
be is the handiest Doctor. tin Mr. Stratford coming into the
room,. he asked what had been done to the man ? 31r. 31oss ea-
sweted, " Whet is that to you ?" 31r. Milton said to me, "
come and take Stratford out of the room"; but I told him
that 1 did not sec that 1 had env thing to do with the flstor's
fairs in this way, and refuted n:cd,l': with hint. 31i:ton sail,
"it you don't-110 your duty, 1 will make a complaint nelinst yon
at the next Bench' (of )lag:strates). I paid, the-e i• a proper
constable, if he charges me to assist him, 1 will." lf.tr rick deco
came, and took Stratford into custodr, but he refused to .7o nut of
the mom with him. Barwick then drew oar lilt slag, and stxv!i.
it in Stratford's face, and they had a tussle tog,nher.
then charged me to assist hint, which I
I Cross-examinctl.—The paticot is now alive. When Stratfird
I came into the room, Men nos beside thy patient h'm
the arm. Stratford then laid hold of the patient's n
was the first who proposed to send far a constable.
Stratford to stay. Mr. Statyy, the won tiled ton's trast;r, ‘.ished
31r. Doss to at:call lint.

31r. Sergeant SPAN& ts. submitted. that tic:ssri•,,,- to ile::Or
cases. a constable was bound to act when was charged to do w.
ant! ticrefore his client, liars ick, was act of this avi.•n.
The CHIEF Jt• si to—•• A constable :s nut hound to net with.
out there is a breach of the peace."
31r. Sergeant s Pax sai.l, that hefor• he camtior.c,tt ! is ad-
dress to the jtlf V. he felt hound to state the ohiecton act, regard
to Ilarwiek. Ile then addressed the .li,v it'll of the oe-
' fentlant, and said this was a foolish, and rot sLrr erte•t•,hlear
he:ween two rival surgeons. It .as in 1a..% :no..e than
turned wit ministry turning opposition. lie 0:1 ro: h:am,
pluintit% s.'hotti he described as the ex.doco.e, for I,i,•;.it g up a
if it tell into his way lawfully. Rut this rase put 'oho in ut
a man who was engaged in the whale-rish. ir. and who, witica
had harpooned a fish. considered it his ,twn vie a.'kraa-t's. The
witness who had represc•tell himself as t!••,:tsuistant of Cie pl.an-
t;:f, Mittend of by the rispeca'de rant• of appr..,:..t:,.. 1, td
rally said, " Ilt•re is a famous tot, for ir v ira,:er,and t, to t‘,ll we..
'in the next year's account ,' at d stra,Ah.t he ran ta I;iS t..aal. f.
:tad brought him away tram his ail:e. The pluinti,f. .ipon this,
;hettght he had an al.o!ute and ilitlereasisle right to bleed and
purgl: the patient to the end of the ch..pier.
The Loan Cot re .1 T I r•—lt wa. assuming a levy da:.--s
germs power to the constitution. Brother tspank...•, cert.tir'r.
Mr. Sergeant :a VAN Apr ii coutinuatU,n, W... 11 it w a most ect-
tainlv. Flesh and blood could Lot bear to be toll, as the tlefendaat
eon, taat hC was not a regular bred mesa., bat a pttel2{lM-4:10