The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-23 00:00:00

THE XIX() T. T. NEWMAS.

The defendant was brought up for judgment ander the following
circumstances :—lle is the pmprietor of an Inn at Barnet, and a
rule of his establishment is, that anything that may be left at
the Inn by any of the visitors. and found by the servants, should
be brought to the bar of the Inn, and left there until inquired for
by the proper owner. Lordleremont left a gold.heteled cane
after him one day that sto there. It was found by the waiter,
who omitted to bring it to to r bar, but detained it in his pantry.
Lord Egremont wrote the nest clay to inquire after it ; on inquiry
it was found to be in powesrion of the waiter ; an altercation arose,
in which the innkeeper committed an assault on the waiter. An
indictment was preferred against the defendant; be was found
guilty, and was this day brought up for judgment.
111 r. Justice BAYLEY approved of the rule which he had set
down for the regulation of his establishment, as to the ow.a. that
all articles found in the house should be brought to the bar; but
reproved him for having degraded himself so far, and forgotten the
duty of protection be owed to the domestics of his establishment,
as to betray himself into the commission of the offence of which be
stood charged atal onvicted.
The sentence of the Court was, that he be fined 401.

ARCHES COURT, Nov. 2.

(Ikfure Sir Joni( NIcUOLL, )

BARKER V. SMIZZR.

Dr. Jestenn stated, that this was an appeal from the Consis.
tory Court, on the part of Mr. Barker, In an action brought by
him against his sire for a separation by reason of adultery. From
the circumstances it appeared, that Mr. Barker having married
the lady, the subject of this action, she was entitled to consider..
able property in Lincolnshire. left by her father. At the time of
their marriage she was a minor ; and up to the period in which she
attained full power with respect to the property they agreed very
well ; at that ume they had some dispute about the nomination of
trustees. The husband wanting to hate the nomination of one
or them, the lady refused ; high words ensued between them ; she
proposed a separation, which the husband, after consulting his
brother, agreed to; articles for this purpose were accordingly
drawn up, and after they were executed the husband went to live
at Bath, and the wife to reside with some of her friends at Teign.
mouth, in Devonshire ; she there contracted an intimacy with a
Mr. Potts, a Lieutenant in the Surrey militia, and with whom she
subsequently. eloped. !Ur. Harker was apprised of the elopement
the lady s mother, and immediately went in parson of the
fugitives • they were traced to the King's Arms Inn. Hampton
Court, and from thence to Kingston, when the lady was induced
to return to London, and place herself under the protection of an '
uncle, with whom she remained about a fortnight ' • but again
eloped front his residence, and went to France, where she has ever
since resided with her paramour. Mr. Barker commented an
action for criminal conversation against Mr. Potts, in which he
°Stained a verdict for 20411. He subsequently sued in the Court
below for a divorce, by reason of adultery, who refused to grant
him the relief be prayed for, on the ground that there was some.
thing mysterious in the proceedings of the parties, with respect to
the articles of separation entered into, and other circumstances in
the case, which the Lamm Judge there thought disentuled the
party. to such relief. He (Doctor Jennerl had appealed front that
decision on the part of Mr. Barker to this Court, and tendered
'evert' letters and depositions, by which the Court would perceive
I that the separation was promoted orginally by the wife ; and that
Mr. Barker had taken every step s. a man so circumstanced could
Co to protect himself. These explanatory circumstances were, he
trusted. sufficiently satisfactory to induce the Court to reverse the
decision, and give the party the relief he sought.
Doctor SWAISET argued on the same side at considerable
length.
Sir J. McNutt. deemed the explanation satisfactory, and pro.
flounced the husband entitled to the relief prayed.

MAYOR'S COURT, Nov. 21

TILE C01.0311111N GOVERNMENT.

ItODION V. JOSE DE SAN MARTIN AND 0711E13.
Mr. 80,. Lan n, in moving that common bail be tiled in disso-
lution of the attachment in this case, stated, that it was an action
brought by .Mr. Ilodson against the defendants, lately or now
styling themselves the Government of Mill. It would be recol-
lected that some time ago an affidavit had been put into Court from
Mr. Hodson, stating, that the above mm-ti defendants had in-
curred a debt with him to the amount of 3,0001., for the payment
of which he considered them responsible as the Government of
Peru. The Learned Counsel lime proposed to read the affidavit.
31r. BARNARD, who was for the other side, slid, that he was
ready to argue, in the event of the nrodurtion of any particular
affidavit of debt, but he considered that the former affidavit had
already been disposed of, by being withdrawn.
--• • •

Mr. lIOLLAND said his object was to put down the nonsense
that was dinned into the can of the public upon subject of the re-
sponsibility of the Government of Peru for debt to an individual.
Ile was perfectly aware that the thing was got up to tell upon the
Stock Esehango The use he intended to make of the affidavit was
to 'hew that tile money llr. Hodson lately claimed from Messrs.
Jane D'Ariva Aguerro, Jose De Torres, T. Agle, and Joic De l
San Martin, as the Government of Peru, and which was attached
In the hands of Messrs. Baring, Messrs. Kinder, and Messrs.
Fry and Chapman, was now claimed from Jose San Sliwtln and the
others, as individuals, and not a Government. The amount
sought was for manufactured goods.
(Mr. Holland then read the affidavit of the plaintiff in which he
swore to the debt as due from the Goverunient of Peru. Ile then
submitted to the Court that no such Government could be recog-
nised, the highest authority having stated to thnt effect, that the
defendants could not be sued as a Government, and linally, that the
affidavit, or rather that which pretended to be an affidai it, was iu
fact no affidavit at all. It had been sworn merely before one of
the clerks in the Mayor's Court, and of course was not an instru-
ment upon which, if it contained a false statement, an indictment
fur perjury could be founded.) _ _ • • - • •

. -
The Reco RIDE &wired that he should never ag►in hear cf this
mode of swearing affidavits- If be did he should certainly adopt
summary means of prevendn.: the practice. Ills Lonlship then
granted the motion of Mr. Boltruid, by which the attachment
becomes wholly null and void. Ile did this upon the ground of the
in,ufficieney of the affidavit, stating at the same time that if a
proper affidavit had been filed he should have given his opinion of
the two other objections, but that was now quite unnecessary.

It is in contemplation to make a railway from the
Rennet and Avon Canal, at Alton liars, Wilts, to Fisher-
ton, near Salisbury, and from the latter place to Wilton.
It is, we understand, in contemplation to erect a rew
Roman Catholic Chanel in Lends, in addition to that al-
ready existing, which is found too small to accommodate
the Catholic inhabitants of this town and the vicinity.

PROVIDENTIAL EscAFL—Wednesday forenoon, as Sir
Lawrence Palk. Bart. was goin; out for the morning, the*
person who hail the care of the dogs being 111, a labourer,
named Richard Bowden, was despatched for them, when,
in crossing the lawn for that purpose, he was assailed by a
bull which had usually grazed there, but always with a
clog to prevent mischief. Bowden avoided his horns, but
was knocked down by a push of the animal's head, who
plunged on him when on the ground with its feet, and at-
tempt to gore his body with its horns, which fortunately
hitching in the small-clothes, rent them asunder, giving
the poor fellow however a terrible shake, but which most
probably saved his life; for the hat falling front his head
and rolling away, engaged the bull's attention, and Bow-
den escaped, though with such injury that it was thought
prudent to remove him to Esetcr, where he was promptly
attended by Mr. Amory, surgeon, who found two of his
ribs broken. and several severe bruises, and, not thinking
it right he should again he taken into the country, recom-
mended a removal to the Devon and Exeter Hospital,
where he now is.—Dorchester Journal.