The British Press; or, Morning Literary Advertiser.
London, England, 1806-02-22 00:00:00

.ICOTt C. SCHOLLY and APIOTIER.

• .

This action was brought against the -.Sheriffs of
the C.,lutty of 444bilesont (who wore inderna.fit#2.),
for not rn.tkir.; a rtturn of " goods." on an exec u-
t:on far 1.60.. A. againat Mr. Colenoti, ty t• y tht

J_

_ , ,

.

_

.-"~

question of what interest that Gentians:shad in tLe
Haymarket Theatre, held under lease.
Sir V. Grass stated, that these were leasehold
premises, originially the sole property of Mr. Col-
man, but he had disposed et one-third to trustees.
for Mr. Morris, for 35001. Another share he had
disposed of to Messrs. Winston and. Towersdarr, . -
for 35001. mere. And Mr. Coleman contendeo,
that the remaining portion. which might he valued
at 70001. was covered by Mrs. Coleman's wale-
went. and a mortgage for 12001. ft was a well.
khown fAa in law, lie then observed. that a settle-
ment made after marriage. could not stand in the
way of a duna file debt, previously flue. which was
the present Case; and therefore the Sheriff was net
authorized in making his re:urn of nslla bona.
The necessa; y proofs being gone into,
Mr. GARROW, for the 1011,, fendaeur, capers • a-
desire that the business might be settled by af
lion. It was the anxious wish of all the,partips.
put Mr. Coleman's affairs, which were at p
much deranged, into a.statesof set:lmo:At and
verdia were now to be taken, it would facto the pie-
;office of the ocher Proprietors, whe. must city'; nei
cessarily apply to a Cour: of Equity Arr relsef., •
Sr V G; nos replied. tnat be had no ;
and a Vet dia wasuccorchr.giy emetei for Liao lima.'
iff, in the turn of 12001. •
COMMON PLEAc, Wsaistiitsreit.
. - •
This day, the Sittings After Term oommencad at
Guildhall, before Lord Chief Justice iMe.oesissa•-',
Sixty-seven new causes wers.sinteemi for trials ose-.
chutes-of nine remount.
IPJLICV IVSURINCE.
stucittit r. OS LA C,,Ult.
This was one of the numerous odious thatsn s..
upos policie. of marine inurranee. •TlieDer •
was en Underwriter of the policy remit
Plaintiff's ship Rosetta, which was insured ••
London to the ship's port or poem d discherlM.
Tohazo.” The vessel was la'Jen with coats, hrteks,,,,,
and other West India stor-s. and arrived atQueines
Bay, Tiibage, ou the 31st of January. 1105, wise
part of her cargo was delivered ; and. instead GO
ballast to replace it, :ha Captain tonic on board tee
turo produce for his voyage homeward: he theft.,
proceeded to various other poets along the ida,
discharging his outward cargo as he went. and -
placing it with Colonial produce. for the Eneilis
market ; but, in entering*Tfrrei's flay, on the Pith
of February. in couseque lot of adverse and haf2iag
winds, occasioned by an awkward headland, the
vessel drove on a ridge of rocks, and *as av much
damaged, that ii was with difficulty her av:..ns
could be colifined in h-r, and she put into.* sq
proceed to Listrin, where ships- survejed by t
of the Judge Surrogate; amt.
the expellee of rep-awing her rough vas-
exceed the Oen value of thi
up, and sold for the Itenefil
for three or four har.dr
these fags, Mr. Seijeant
No evidence was p:i.,
hut !Mr. Serjeant VAto.:l
Plaintiff, at the time,the
Bay, had abrogated his
from the•Underortiter,
the ship's 6:dtwltsl

he cosoiffered to Mt!, at
take on board a
It had been said, that tt
had been taft,or on board.
but, it could not be contended,
had a right to protraa the
Jet writers by the delay at
must, necessarily, attand
shippiefg a cargo for his
She had, besides, visited '
fore she went to 'fit refs
diligence and proper expedi
Defendant nnd the other i
obligations of their agreement.
Lord Chief Justice Islassrizco sa:d, thit. as de
Policy was a general one. weeding to the ships
voyage to several ports. and as it appeared from ti)e
evidence. tk•it it was cuoomary to bezin to take sn
a homeward cargo, as soon as the outward cargo
was discharged ; the question for the tonsideratsco
of the Jury seemed to be. whether the raptain of
the ship had loitered unnecessarily ierpfosecoting
his voyage to his ultimate outward destination. and
by any want of reasonable expedition, bad dmiated•
from the condition* of tiro Policy, trader which this
anion which was !.ronght to recover damages ?
Verdizt for the Plaintiff, damages 911. 10s.
ASS k ULT.
SENNETT 1.. ATKINSOII.,
Mr. EMMAUS opesed Ibis Case. by stating. that
it was an adioa for assault, ren2ered more than erfrn-
Monty flagrant by the en =mune. of the Piaiiitiff,
upon whom it was committed, being a man up-
wards of 62 years of age, and the Defendant a
young man, in the strength and. ,lustiness of man-•
ik'Ud.
Mr. Serjeant Bus, in peweeed ing to the details.
said. the Deienelant was whai is toned, a dashing
young man of fortune.'' and who endeavoured to I
support that charafter, bi Ldrsewhipping almost
every man he met. The Plaintiff, and he. both of I
whom had country houses SOON Messer slistlnce from
towt,.wete, from frequently 'twin one soother, in
habits of slight and couneoui•inticnacy, .111 Au-
gust last, the was proceeding is town in
his low chair., when the Defendant, who was also
on the sante route, in a high fashionable gig, unpo-
vokedly addresed him, by telling him. that be was
" a d—d old scoundrel, and a rascal, and ought to
be hanged." Th 6 odd salutation produced a re-
ply ; upon which the Defendant drove his gig
along-side the chaise of Mr. Bennett, and, oith all
the strength he posseised. host violently ben him
with a heavy whip ; as*, having exhausted kis
strength, upon some persons coming up, drove fu-
riously off, and left thcfPlaintiff to seek that redress
which he -novt 'tied for through the medium of a
Court of Justice.
Two witnesses were called, who stated, that. on
the Otis of August, they heard two persons in a very
warm altercation near the fiv4-irsile.stone on tt.e
Lccbridge-road, and, on going towards thens,
saw Mr. Atkinson, the Defendant, violently
the Plaintiff with a whip. Upon one of them goat?,
up, the kir beatsw.
Bennett
merely

.1
.

and she put into a vice to
e rhi was survejel by tarsier
; and, it being fnuod that
her wankl mur,h snore thari
F thit ship, she was lanalsen
enclit if the Underwriters,
pounds. To establish •
it Bsvr called witrtems.
inced for the liethrhint;
.; II AIS Co intended, thin Ao
he vrssel struck, ofirqiFl's
right to recover Ainagit
as their issurance c
voyage, ar:cl t at
it the tune that she hegao to
far her voyage hornier-aid-
the return Nodose, which
rd, was instead qf bapali ;
ontendrd, that the Copt la
the responsibility of the • -
at the different port's,
d his looking Wit fur, to
s homeward-bound xroy
I two of the Bays twAcie,Taiiii
s Day ; and by the'
watt i:f
Tedirinn, had obsol4-1
'ter Under Writers fi-sos t

Defendant drover elf at a great rate. - kir
t did not attempt to strike his opponent. t
to avoid big Wows. by- whit:. La was so

•
'hurt in the fats, that one of his cheeks bled from
the elk& of these.
A sargeon. who dressed the Plaintiff's face, was
''oleo celled ; std a veterinary surgeon, at whose
'stable the Defendant pot up his horse and gig,
when he arrived id town, and where he related that
be had "` given old Bennett a goad beating."
t• Serjeant Coccet. for the Defendant, called no
witnesses. but commented upon the evidence ad-
deced by the Plaintiff, with some humour. As to
the flagrancy of the assault. upon which his learned
' broth es had dwelt, on account of the age of the
l'laintiff, the Jury would themselves judge, when
their attention was directed to the (,entleman re-
. ipeesieg wham the allusion had been made. He then
sat before them, and they would see that he was a
bale. strong roma. who would little be suspected to
be 61 years of age; and the beauty of whose face,
'the scratch he had received in the rencontre with the
Defendant, had not at all impaired. The case at
present before the Ceort, was an imperfect, and es-
Weasel, suspicious one, as no evidence had been at•
feedeslithat strong provocation was net given by the
•• Plaintiff, for the assault; and unless they would de-
tide that the Defendant was a fit subject for Bed-
lam. they emod not but inter, that some irresistible
provocation was afforded to him. As the ease im-
partially stood, the Jury would feel themselves
e ,lied upon to pause before they pronounced the
Detendaet in this cause an unlicensed offender.
land Chief Janice MattsrtzLD said, that, at all
• events, the Defendant had improperly taken the
into his taws hands ; is rested with the Jury to
determine whether or net he might have received
tat, poems*n which could pallia,e the assault ?
earialatiog the damages, it was necessary they
dwell be Safe/rated that the Plaintiff was a coach-
Maher, lead the Defendant was concerned in a
wharf.
After a little consultation, the Jury retuned a
Medd for the Plaintiff, damagrs 1001.
OLD /MILE Y SESSIONS, Tea.
IleM lefeee Mr. .ferfter Le BLANC, M.. .181 J
Hasis, Mr. &rem SUTTON, tbr LORD Mayes,
Rseoe eta, owl several kletaldall.
EMREZZLEMEN 1.
Riebersi &Niter was indifted for fraudulently
'terming sad ettiberaling a cretain letter, which had
agemplats his posonsiee, by virtue of his employment
in the General Post-0/fic.e, and stealing thereout a
heehaw, value 11. the prop, try of Anthony
anal). There were several other counts, in which
the note was stated to 'be property of various other
• roma&
Mr. hatoteo, on the part of the prosecution,
stated. that the Prisoner was employed by the Poo-
. Odes. to attend at the house of Messrs. Stevenson
and Wed. Charing-cross, where letters are received
for the Genera Port-Oilice. HO business was to
11161SLI thereat three o'clock each day, and put up
the lenses, the postage of which had been paid, and
to 'mks soot a list to give into the Post-Office. He
coos also to attend at five, and deliver out all the
• Imp ie his possession, to he carried to Lombard-
emit. The Learned Gentleman then proceeded to
NSW she eiresanstances of the case. and concluded
by sayitsg._ that when be went through the evidence,
be beWved the Jury would have no doubt of the
• Primmer's guilt.
The first witness was John Lawrence. He proved
the number and date of a two-pound note which he
bed seat with others to Mr. Snell.
' Kr- Sold deposed. that on the 3d of November
. lees he west into the shop of Stevenson and Bird,
risaCharing-cross, which is one of the receiving
for the General Post-Office, and there deli.
vend a letter containing the two-pound note he
bed received from Mr. Lawrence, and some others.
The bitter was directed to Nathaniel Todd, Esq. in
the &Italy of Surrey, and he there paid the post-
age. There were three or four persons in the shop,
bet he could not say that the prisoner was one of
them. By a number of witnesses it was thin proved
that this loner did not come to hand. and that it
was set use down in the list of the paid letters sent
Iss on thin night, by the prisoner, to the General Post-
Offins.
Anthony, as ofecer, stated, that in consequence
• of ieferanation given at the Pout-Of Le, he was sent
by Mr./erkins, to apprehend the prisoner. On the
I 7th of November, he apprehended him at Charing-
'ernes. and brought him to the house of Mr. Parkin's.
la Or stood-street, through Theobald's-road. While
• - the prisoner was in custody, his house was searched,
bet nothing being found in it, he was discharged.
A poor woman then deposed, that, some time
before Christmas last, she found. at the top of 'I heo-
hales-med. the fragments of some bank notes,
which she gave into the hands of Mr. Perkins.
, The remainder of these notes were found by a man,
and produced in Court. One of them was the
, terospotand mate laid in the iediament. The case
on the part of the prosecution being here closed, the
Prisoner gave is a written defence, which was read
by the Clerk of the Arraigns. In it the Prisoner
-disclaimed all knowledge of the fag, and urged his
long services, and unblemished charafter. He also
gave butane's of opportunities be had of taking
snooty estatf letters, which were put into the boa,
' without either seal or direSion, if h.r were inclined
to be dishonest. He then detailed some of the fits
which base been already stated, and concluded by
trusties that the Jury, by their verdia.w.aild enable
him to return to his family, and contribute to their

11
IrupPort.
Mr. Justice fiascos slimmed up the evidence,
leaving it entirely to the Jury to co.isiier, whether,
from the circumstance of the woman finding the
fragments of the notes is TheAsuld's.road, and the
, Ei:,,rmr posing way, in (woody, they would
The Jury deliberated for a short time, and then
found a worded of eepeseral.
• FORGERY.
Itinkrof Welke', Christepier Deli,. Marie R.
Wailer. and 1 Imams Rerhester, were put to the bar,
r' iusdlfted for forging and uttering as true, a fake
Mud counterfeit paper, pm porting to be the last
, Will and Testament of Major Richard Hocking:.
Mr. Kisser, on the part of the prisoners, moved
i this Court that their trial shoots, be put of until the
neat Sessioill flit • rounded his. minion on the affi-
davit of ••• • Richard Walker, which stated
that . • tiLi.,. 2,„V., ' necessary 'witnesses an
Goma*, • •s . out get them over until
I-'4.-., 'fit-
~

next Sessions: and also en the affidavit of Mr. Chet-
ham, the attorney for the prisoner:. le it he stated.
that having consulted with the prisoners on their
defence, he was of opinion that the witnesses now
in Guernsey should be produced at the trial. In
consequence of this opinion, he applied at the pro-
per office for sahpenas to compel their attendance,
but was then informed, that the process did not ex-
tend to Guernsey and Jersey. In the conclusion,
he stated, that he would use his utmost endeavours
to procure the witnesses, and he was convinced, by
next Session, the prisoners would be ready fur their
trial.
Mr. Justice HEATH said, those affidavits wreild
do very well to put off a trial in a civil aElion, but
he remembered that Justice !Witco and himself
had ruled it, that, in a criminal case, affidavits
should be more particular.
Mr. GURNEY, on the part of the prosecution, did
not oppose the postponing, in very strong terms, and
the Court, after observing, that there had been ne-
gligence on the port of the Prisoners in not sending
for their witnesses before, allowed the trial to stand
over until next Sessions. _

John BalJun, JoarrhOnry, and trillion Carr,
were ennviNJ of ste:iling OrtS, the prorrty of
Thomas Fagg, coach-owner in Holborn. The
Prisoners, two of whom were his servants, had, for
a considerable time back, been committing depredi-
dons of this kind on him.