The British Press; or, Morning Literary Advertiser.
London, England, 1826-10-17 00:00:00

LAN' NODICES.

COURT or BENCH.
%xis pAli.--TO sir AT NAVY-PAST MAI.
• London Spec:al Juries.
*011140114.11. Car- I The Floatlta Com- Rted7 v. Smyth
wTrl- party v. ?Alice Melvyn v. TeUr
ms, avr POMMA V. Spilibury Houck, v. Warm.
114:boraist v. Wlivon I Crowther v. I.amh Bourke v. Cleo •I:
Wahl:num Hatcher v. Slays

Loudon.
S. xe.—Nq Comsnon SU) in this day. October 17. 1826. NotiCe will b.
r".*l't• *Virg before the onCommou Joelee will be tiled.
*it ears Common Inries, idonday, October 30. leen.
Is a !phial 3147 Canes will be tried In Mtddlieses be Nee Term.
L. 4 iyrEcuaiNcr.

COURT OF KiNUI BENCR, OUILDIIALL,
MONDAY, OCT. 111.
Huwa.•:a Finings Wort the Loin CHINN JUSTICE lust: Cormut.
Jar es.
TILE NEW ItIEASTIRI ACT.

...... ..
HART AND ANOTHER V. ?MACKIN.
This was an arch' brought by the plaintiffs, who are extensive
sp.ritaricachntits, carrying on business in Water-lane, London,
againsit the tierendana a wine and spirit merchant at Wolverhamp-
ton, to tecorer tram him the suns of 781. 12s. 3d. the price of BS
gallons of brandy. sold to the defendant, and invoiced to him as
that quantity, at 1,35. lid. fee gallon.
The uetenee set up teas, that the quantity sent to the defendant
was only. fiety.feur gallons imperial measure, which, rat 235. 9d. per
31361,, Weald only amount to 631. las., which sum bad been paid
into Comm The brandy was sold on the 13th of February, shortly
tifttt the new Measure Act passed, and the question in the case
was, wEether there was a special agreement between the parties,
which took this transaction out of the operation of that Act ? The
Act is the ath George. IV. cap. 74, and by the Rth scetlnn it is en-
acted that " from and after the Ist day of January, 18.26, all con-
tracts, bargains, and dealings for any work to be done, or for any
rood., warts, and merchandises to be bought and sold, requiring
weight( or measure (where there is no special agreement made),
Ain ha 'Rade and had according to the standard weights and ma-
stitis ascertained by this Act.'
It appealed In evidence that though the brandies were invoiced
as 111 gallons by the plaiatlC they were permitted as bl gallons
enL,t Imperial measure.
The plaintiff was onaVe.
~.._ -sat a special agreement that
the brandies *ere to belialik •• "•; ."Itsbe old measure, and a
actesuit was entered. '-' . ,
.3.41};..
BIGGS AND OTUTIS, ..
‘"' ,'..— : ".
LLItl, V. cox.
This was as action beau . ' -is '••••• • 4: of a haberdasher,
formerly carrying on business i . 1 • - . who had become
abankrupt, against the defend ' .... ' ~'-. 'Burlington-street, to
recover 1341. Is .3d. balsas or a Recount for haberdashery fur-
nished to defendant's wife.
piAlr. SCARLETZ, (with whom was Mr. Iltcriaans) stated the
utlffs' case, and proved the delivery et' all the goods stated in
the accounts made cut. except one item of 331. 3s. Bd., at the tic.
inn/totes house in Burlington-street, and also proved that they
were ordered by Mrs. ('ax. The goods consisted of ribands, silk.,
a 10111. perstans, shale* rtc., and they amounted to 1821., anpear-
in-a to be furnished between the 211th November, 1824, and the end
...: February, 1828, being about fifteen months: 271. ss. 91 had
been paid on account, and the present action was to recover the
balance.
Mr. GURNEY (with whom was Mr. HUTCHINSON), for the
erfenre. submitted to the Jury that as these goods were furnished
to Mrs. Cox without the knowledge of her husband, the defendant
was not liable. He admitted that a husband was liable for all
reasonable articles furnished to his wife which befitted her station;
hot on looking over this immense account, which was for haber-
trashery alone, it 'nitrated that this lady had no leas titan six
.Anyek in lk'j rainthr, and eiery.fkrer pairs qf gkircr in sixteen
months. Such an account of things might, perhaps, be fitting for
a Prince's, or a lady of the first rank in the realm _but he was sure
the Jury would teach the plaintiffs that if the bankrupt had thought
I.t la furnish such a quantity of goods to the wife of a tailor in
Burlington-strect, and that, too, without his knowledge, they could
r o expect to recover the whole amount. The lammed Counsel
wnuld be, moreover. able to more, that when Mr. Cox remon-
. 4;rated with the bankrupt upon his indiscretion in trusting his wife
ta, such an amount without telling him, the bankrupt very coolly
wid him, that if in his line he was always to tell the husband of
their wives' ceders it ar mid be very had fur business.
A wi ness was then called, who stated that he had been in Mr.
c-ox's service; that the bankrupt twice called on 31r. Cox for the
.mount of him hill, and the second time made use of the language
opered by Mr. Gurney.
Crosa-examined-31re. Cox had a daughter seventeen years
oia, and alto a son. Witness took care of the horse, and kept
the rooks.
Mr. SCARLETT then called the har.krupt, who being certificated,
was received as a witness. Re flatly contradicted the last witness.
(teetering that he only called en Mr. Cox once, and did not then
rnr.ite use of the words attributed to him.
' hi r. Ruins r again address sad the Jury on this contradiction.
Mr. SCARLETT replied generally, and contended, that as the
lsitakritnt clearly had no interest, the Jury ought to believe him in
preference to the defendant's hostler and bookkeeper, who must
nave eilistaken the supposed conversation.
'Fl*e Loan Curer it-evict, in charging the Jury, told them,
that it a tradesman would deal with a marrird woman, studiously
/wiping her orders from her hnshand, and supplying her with Sr.:
ecs to an extent inconshaent with all necessary occasion, he could
rat be supposed either in law or in reason, to be dealing on the
:aztit that the husband knew of and sanctioned the supplies. On
tee other hand, if the Jury thought there was evidence that the
I usband must have known of all the orders given, he was liable to
the MI amount. If, however, it was not clear that the husband
was cognizant of his wife's orders, the Jury would consider how
tar each goods, to such an extent, were reasonably necessary to the
defendant's wife, in al short a perioi of time, and deduct, if they
tHallgiit it expedient, all th.it was unnecessary. It was clear that the
stein of 331. Is. Bd. ought to be deducted. SA it hail not been proved.
Wbether any other deductions ought to be made, in fairness and
:asst* between the parties, was a matter wholly for the July to
dateritine.
The Juni, retired for nearly an hour, and then foutd for the
piaihstfo —damages 'lO/.

terfere. It is like all the other eases of Joint Stock Commies.
The names of the Noblemen and Gentlemen you mention mighty
be, and probably were, used without their consent.
The compleinagt assured his Lordship that such was not the
ease, lie had gone to the (Alice, where he saw and spoke to Mr.
I'eter Moore, who assured him that the concern was an honest one,
in which money might be invested to advantage. Upon lie repre-
sentation he took WO shares. Ile had never attempted, and had
never intended, to part with them ; but, as we understood him, he
had paid 31. upon each share. He had since seen what sad work
was going on there, how ranch was given to Wilke and how much
had been taken by the Directors ; and he wastireldfully alarmed
for his hard earnings. But what was worse, he had received the
followtng letter from Lord PAnierstott's Solicitors, Messrs. Shore
and Ashton

" Davies-street, 01116•010f-8911121t, Oct. 111.1826.
" Stn--We are desired by the Board of Directors of the Corn-
wall and Devonshire Dlinipg Company, held this day, to apply to
you for the payment of the sum of 61. per Sharttens your Shares in
that Company, made on the 14th of September ; and we beg to in-
form you, that unless the amount is immediately paid, we have
instructions to adopt legal measures to enforce the payment—a
step which it would be equally unpleasant to us as to yourself to
be obliged to adopt. We hope, however, that your attention to
this will render any farther proceedings unnecessary."
(Signed, &e.)
The I.onn Morton asked him what them sohcitors had to do
with Lord Palmerston ?—The complainant stud, be understood
:hey had been introduced by him.
The Lotto Illsvon—What you have been saying may be, and
probably is, mere matter of hearsay.
The complainant declared, that one Director bad admitted to
him that he had had ROL or 9001. out of the thing ; and that a se-
cond had admitted the receipt of a similar sum. Having embarked
Ma in the thing, upon the representations of these men. he could
not hazard any of his remaining property with them. Ile had a
large family, and he could not afford to lose that which he ad-
vanced; I7e was in a state of distraction respecting ft.
The LOUD Matron expressed his sorrow at the condition.. f the
poor man, but could give him no relief. He had bound himself to
pay a large sum of Money before be had made adequate inquiries
respecting the nature of the plan. It was to be feared that the
suffering of this description was dreadfully extensive. His Lord-
ship recommended the applicant to go to the Solicitors, who were,
probably, persons of respectability, and represent to them his con-
dition.
The Complainant—Oh, my Lord, I don't like to tuberose people
of that sort.

The Loan Mawon—Why, truly it isnot in every Instance safe;
but In this it is all I can recommenJ, unless it be to consult your
own _ . .

The Complsinasit said he hod none, ■nd declared that he had
lived all his life without having occasion to apply to one till row.
The Loan Maxon regretted that he could do nothing to aid
the complainant. There was net the slightest ground for his inter-
ference.

The complaint was then dismissed.
Your journeymen tailors were broaght up one charge of being
guilty intoxication, and having created a riot soon after the pay-
ment of their wages.
The LORD Maxon. in fining them each 65., said he knew not
how it was, but the journeymen tailors appeared to be the most
drunken and dissipated of all mechanics. More tailors were brought
before Mtn for drunken outrage., breaches of the peace, and other
misdemeanours, than any other class of journeymen.
The next prisoner put to the bar was 11. Butt.
The Limp MAYOR-IVell, what is this man 9 Officer —lt's
another tailor, my Lord !
Mr. J. smith, one of the churchwardens of St. Stephen's church.
stated that the prisoner was found drunk in the streets during di-
vine service on Sunday. He was so noisy and riotous in his con-
duct that it was found requisite to imprison him.
The LORD MAitort animadverted on his conduct, and fined him
ss. It were to be wished that this class of journeymen, whose em-
ployments were sedentary. would, instead of running to the public-
house immediately they got their money, and getting drunk, avail
themselves of the advantages offered by the cheap and excellent In-
stitutions frrmed for the use of mechanics generally, but which had
weaned but a small number from the gin shop. He recommended
them to try to endeavour to find some innocent bodil or mental
recreation, which would supersede the use of the expensive and per-
nicious stimulants they now resorted to.
An apprentice was next put to the bar, on a charge of having
assaulted his master.

The LORD 3IATOR—What is this youth? Officer—A tailor,
my Lord ! (Muth laughter.)
The master said the prisoner had not done his work properly. and
became insolent. He (the master) thought it requisite to check
him, by applying a part of a yardstick acmes his shoulders. The
prisoner snatched up the shears, dung them at him, and cut him
very severely across the face.
The apprentice represented that his master was given to the way.
of most tailors, and staid out more than his mistress liked. She
told him, that she had kt.oten apprentices who took their mistresses
part against their masters • and she hinted to him that lie would be
doing no more than hist'duty if he " looked black" at his master
when he came home. He accordingly did so. As to the work, he
could not get on with it when his master was away; and it was a
were pretest to thrash hint, in revenge foe the black looks he (the
appren lice) and his mistress gave him when he came home. He
had taken up the shears in his own defence, and thrown them at his
master, but not with an intention of hurting him, and he de.
dared his sorrow for what he had done.
The master was unwilling to press the charge farther than to
get the benefit of the Lard Mayor's opinion on the subject for his
apprentice.
HIS LORDSHIP severely reprimanded the apprentice for lifting
such a weapon against his master. sod dismissed the case.
ERRATUM—In the 31ansion.house Report of Saturday, for
week read year, in the Lord 3layor's observation respecting the
coach parcels.

u TL n it ALL.—The number of persons brought before SirJoax
PERRING, Bart. the Sitting Alderman, yesterday, for offences
committed since Saturday, was SR, but nearly the whole of them
were charges of having been drunk and riotous in the streets.
John Gray, a bargeman, a very powerfnl.looking young fellow,
was charged with assaulting his landlord.
The complainant, Anthony Cooper. of Ashel Tree-court, Bon-
verie-street, said the prisoner came home on `Sunday night, at the
unseasonable hour of midnight. in company with the wife of
another lodger. After remaining some time together in the dark
on the stairs, near the door of the room whmte her husband was, the
prisoner crept upwards towards his own attic, and the woman went
in to her husband. Some high words arose between the latter
eoupte, and the prisoner came down again to listen to what was
going forward. Witness, feeling somewhat vexed at his conduct,
went up stairs with a light in his hand, upon which die prisoner re-
treated, but he followed him up, and exclaimed, "this row is all
along of you, John, and take notice you shall not sleep here above
another week." John canted and swore bitterly; but witness went
into hit room after him, to expostulate with him upon his tniseon-
duet, when he was knocked down, and kicked and beat dreadfully.
He cried murder ! and the prisoner continued holding him down,
and threatening he would be the death of him, until the lodgers
below came to his assistance. The person of the witness exhibited
some marks of violence.

Alexander Hors, the lodger, stated, that on hearing the er► of
murder, he went up stairs. The prisoner swore he would murder
every b.-idy that entered his room. Witness told him he would not
have power to keep his word as to that ; but he thought it a matter
of prudence not to venture in, and in a few minutes the prisoner's
passion abated.
. .

Henry Walker, the con table, said the privoner made great
resistance at being taken into custody, and struck him several
blows.

The prisoner, in his defence, said he was in bed comfortably
enough, when his landlord came into his room and attacked him,
and he had only taken his own part.
The &tone was positively contradicted, and the Alderman di-
rected the prisoner to find hail on the separate charges of assault-
ing his landlord and the officer.
A young gentleman, who gave his address " Basil Montagu.
Esq. of 25. Bedford.sivare," was charged with a wanton assault on
John Sandford, a labouring corn-meter.
' The complainant said he was passing through St. Paul's Church-
yard, about 10 o'clock on Su:clay night, when the defendant, and
anther gentleman, came along, apparently rather fresh, and the
defendam, without the slightest provocation, gave him a severe
Wow on the side of his head. He asked why he struck him T and
Impanel:hint cried not, '• Oh, I'll give you another," and would
bare inataritly carried .his threat Into execution, if Si" faionn had
sot prevented hint. SVitness gave him in charge to the watchman,
and his behaviour before the constable of the night was any tbing
bar conciliatory. lie asked witness whether he had paid for the
beets he had os, uttered pleasantries upon his portly body, talked
about 'irking a cheek for 1,090/., and wanted to frighten him by
'saying he would find ha had to deal with two Barristers whoa he
some before the Magistrate in She mouth'. Aware, howiasor; dot
the law would not justify a rich man in knocking ghost a peorone,
merely on account of his wealth, and feeling he had good cause to
complain, tie ventured to persist in his charge.
SirJ. PERRIN(' mid a person's riches would not have theefect
of warping justice bore most certainly, and asked the defendant
what he had to say to the charge.
Me. Montagu said this person pushed against him, and he
swung his hand round to push again.
Sandford denied having pushed against him at all, and Mr.
Montagu's friend explained that he believed Sandford was struck
in mistake for sonic other person, who certainly did push against
Mr. Montagu.
Mr. Message whigsmail mosthing to the Alderman, wholeme-
al/only asked Mae siespillitant was not mistaken in describing
Mr. Montage weilatiguldrat intoricated, as he stated himself to be
• water-drMee ? •
Sandford appealed to the tamable of Out night, Pane, who ,
sated that Mr. Mots. conducted himself is estrange and in-
consistent manna' both is the watch-bouts and the Comptes..
The A logessnineded the paten tiventirg and arrange
tine n,,,. a 'eiNri4. sod is a flaw it was aanouseed
iPs . P‘
itiiiii
Montaguis dies hewing
" et h
being dia.
\ • anal- ,