The British Press; or, Morning Literary Advertiser.
London, England, 1819-01-20 00:00:00

CHARGE AGAINST THE LORD MAYOR.

Yesterday great ntrdtitudea attended at the Junta
of the Court ,r Aldermen, in Loivrrine.,ce N re-
port, that u charge against tl.e pr►sent Lord Mayor,
to Alarm ipi or IV.,llonok Ward, wool& be ',pub-
licly heard. After having waited upwards of an
hour, the general expectation began to atiate,
but the crowds were won informed that a debate

was going forward in the Court, upon the motion
of Alderman Waithmatr, that the putrlic alunalil be

admitted.

The doors of the Court were anon thrown open,
and Mr. liri,j4iniis Gibbons and Mr. Samuel Smith
appeared at the bar to substantiate cha►ges brought
by them agaiii,t the present Lord Mayor, as Alder-
nnoi of the IVard or %'albrnok. The Petition

presented ty those Gentlemen was read. It !dated
that Alderman Atkve. had at the last Wardnonte
for the elvonm of Common Councilmen for thp
W'allorook Ward, acted in Is manner wholly unju'-

tifiable, if the spirit and rnmtniiig, of the precept
were considered—that a Mr. Shuttlevrorth bail been

_ .
proposed as fit 81111 proper person to serve as C •
mon Councilman by one of the Petitioners, and se-
conded by the other, and when Alderman Atkins
was applied to, to put him in nomination, lie asked
whether it ars Jr. Shutt!tweeds's intention to serve

itt caw of Ins heing elected. To this • reply was
given. expressing a doubt of that Geutlvinen'., in-
elmatuni to do Ns ; on which Aldermen A tki.m

said, it was necessary Mr. Shottlewortls should be
consulted, mid that if he were reluctant. his elect
sion should not take place. Snots after NIG Shut-
tles/milt appeared, and stated that it was not
his wish to serve the office, and Aldermini At-
kins refused to put him in nomination, not-
withstoniting the declaration of one of the Pelt-
Cotten. that if Mr. Shottleworth were elected lie
should be compelled to serve, and that w penalty
awaitee refusal. Thi• Petitioner lidtt row r

persons fully qualified to propose, but finding that
his request to have Mr. Shottleworth put in nomi-
nation was improperly rejected, he thought it use-
less to proceed any farther. After this refusal, the
Lord Mayor asked whether any other prawn was to
he proposed, and then, although ate of the Pe&
tioniers told hint to remember that he called a poll
for Nlr. Shottlrworth, his Loedship dectirod the
places to he filled up. and the gentlemen thus
elected were sworn before him. The Petitioners
contended that this conduct of the Lord Matur was
calculated to destroy their franchises, mid in decid-
ed hostility to the practice of other wards, and to
all regulations on the subject ; and they submitted
to the Court that the conduct ot the Lord Mayor,
as Alderman of the Ward and Itetiirning ()Hirer,
rendered mill awl void the tlictlitti of COIIIIIIOII
Councilmen up..o that occasion.
Mr. th 131.10,49 wished to be heard upon the Pith.
fret of the Petition. '11...4 was iast-aitly wroatsql.
He described all the 6,4'2l'llw:ll)re. that, tit bin view.
took place at the Warilinote, and then said lie should
proceed to the law of the case.
The ItEcoarrea immediately rose, and said the
Court did Ind want to hear shy law expounded :
they wanted merely to hear the facts ot the case.
Aliterinan WAITIINIAN said, NI r. (hist/0114 l'ef-
tOttily hail a right, as counsel in his own case, to
state 11w law, as well us to state the facts.
Sir J MMES SUAw expressed himself decidedly of
the same opinion.
Mr. Gintioss proceeded, without lunch further
interruption, to prove, that if the Aldermen of
Walhrook %Vara were allowed to act as had been
described, the inh.rbitauts might give up all idea of
being represented at all, and the consequence would
he their disfranchisement altogether. fle quoted
some authorities, to chew that if a person were
elected to serve as Common Councilman, it did not
signify whether he was inclined or nut, for the pre-
vela directed that the vote of the constituents should
he decisive, as in the case of inquest men or consta-
bles. Mr. Gibbons then called Mr. Dawe, Mr.
Stockforil, and Mr. Nathaniel 11' intim., who proved
the case to the fullest extent. Mr. %Villianis, who
is well known us the steady orpiment of the Lord
Nlayor in his ward, wits one of those who were re-
turned as elected at the IVardmote. lie said he had
by no means any wish to prejudice his own election,
hut he must declare, us a professional man, that he
thought the Lord Mayor's conduct highly illegal,
and calculated to render the whole elect ot the
IVard void. lie also ment;oned that his Lordship
had adopted the strange and unjustifiable plan of
calling fur a shrew of hands upon every two returned
by each inecitict as in opposition to each other, in-
stead of taking the fair sense of the assembly, and
declarilig those elected who had the greatest num-
ber of votes.
As soon us the witnesses, in whose evidence the
multitude seetusd to place the utmost reliance,
were heard upon the part of the Petitioners, the
I.ord Nlayor also examined them. The Court then
was cleared 4.r strangers and a discussion took place,
alter which it was voted that the facts of the Peti-
t .nu were proved, and that the election of Common
Councilmen, on the 21st December, for the 11'ard
of Wallisook, was unlit and void.
We uoilerstatid that the Luta% MAYOtt declared
he was influenced in what lie had dune by nothing
but a >Wilt Or CO111:114111011, it being • t his
wish to have any man appointed to serve who was
IRA imbued:

The LORD MAYOR has directed n Could to he
sunsinoned to be held on Friday next, for the pur-
pose of hearing the several Appeals against serving
the offices of Constable and Inquest, and on other
public busiuess.

Yet.tenlity, at three o'clock, a Cabinet Council
WiiS held at the Foreign Office, winch war attended
by
Earl Herron liy, the Eat, of iVritmor'mid, the Earl of
Liverpool, the Chancellor of she Exchequer, Viscount Sid.
mouth, VISCOI.IIII Castlereagh, Earl liallllllla, Viatiiiint Mel-
ville, Mr. the Duke of Welliogion, Mr. C. R.
Ibitkiirst, Mr. *. W. Pole, Mr. Robinson, and Earl Mul.
grave.
The CoLinet Iliuietera continued in deliberation
till live o'clock.

Letters from Como', of the October‘
slate, that n Spaiiish I.pr:omi, hail been defeated
by Admiral littioN, but the particulars are uut
tileritioued•

COUNT sausnech LOCAN.

We copied, a few days ago, Root a French
Journal, an offer of int,risge mad- an ilrusirions
Nobleininr. Cultist SARsFIELD LUGAR. The We;r.
f'ohi 'Herald Hfl'ord, *ill ii,,pear.by the sub-
joitied stairle from that piper, o•OuseCtorious infor•
mation reapecting this gentleman : —" The public
will, perhaps, be anxious to learn, in • more dis-
tiort manner, who it is who wishe. to Wider into the
bonds of matrimony with ' a lady capable of sup- I
porting; the rank and titles which *Wcipeore
by her sii iiiiii with Count SARSFIEt.D LUcAN.'
Teel great pleasure in the reflection, that the cutisity,
we believe the tows, of Wexford, has the honour of
bring the birth-place of this great prrsoilage, so
nearly cOnnecteol with the Sovereigns of Europe.
This gentleman's name is CODD, a poor 01111 114111 k. ;
rant stocking-weaver, who lately lived and carried ;
on the hosiery businetts in a low awl mean dwelling 1
outside the town, it place called Duke-street, 1,
Which is named after his father, who was %Wed I
Dilke CODD. The son, V ICHOLA NIACDONALD
SA ItIFIIIRLD CODD, wAs very much' addicted to the.
Whit of giving a particular and tires:pine description
of the line and feats of his ancesterv, to those who
I,tit of curiosity of amusement would listen to the
recital. A parchment roll in his possession contains
the births, 'linnet, titles, parliculaiw, Into, &c. of
the severtil branches of that family (tisasiti:t.u),
from which he clams descent, and it takes its rise
from considerably earlier period, than the expithion
of James 11. lie meuti tttt s several great lauded
estates is tins county, elf which, he teaw.rts, he and
his family have been unjustly deprived. There aic
oilier equally poor and ignorant individuals dis-
persed through this and other outwit.. in the king-
dom, who, we have reason to believe, lay ch,lllll to
estates under similar nrcumstatices, and confidently
expect, that the period will arrive which will 'restore
them to the properties of which they have been de-
prived ! The moment that the BOURBONS were
restored to their true and legitimate rights, our
hero Sri oil to France to odd to the influx of our
fashionable countrymen. After the lapse of about
three months h-• returned, and shortly after again
France, and found means with a certificate
which obtained a few signatures here, to make him-
self known to *rime members of the Royal Family,
from whims we learn he has obtained a commission
in a regiment. `111719 is the strange eventful
histor)' of Count SAUSIFIELD LUCAN."—(Freensases
Journal.)

The Bombay Courier, of the 12th of September,

coutai r the folloa log paragraph:--
•' We onderstand that IThurnaajce Portals Row, anol his
brother, who were taken by the party of reformed hoist ou-
ster the command of the gallant Lieutenant Sutherland, hate
beets (-located al Artutgabsd, hy order sof the Nit uses Go.
ver •ut. Wt. cannot ascertain, with any certainty, the
truth of the ',Tort, th it it was Isv the prole' s of Dhtortitajee
that ('apt Vatsgtms awl Iris Itr.,ther were ,o ly post to
death at Tunic:turn ; but, howev,r this may tw, Ilse cs Isseeg of
this wretch and bus brother were sufficiently ample to justify
the severe measures millet have been adopted against them ',

We understand that Captain BARIIIE has been
appointed Co•ninissioner of the N.lval Deportment
at linigitton lit Upper Cattail*, and also to the com-
mand of our Vet upon the Lakes.
A Montreal Paper of November 28, gays—
" A along the valuable plate belonging to the Duke
of Ittctimotsu, which nceompailied him to this
country, ale the followCig articles: one tea-kettle
of sterling gold. used in common by his Grace's
family—sixty doze,' of large silver plates, sixty
dishes of various sizes, twenty dozen silver fruit
anti elieese-plates, gilt within, and a profusion of
massy plate iii other articles."
Extract of a letter addressed to his Excellency
the Minister of Marine aid Colonies, by Chevalier
Ssuutsa, French Constil-Geiwral at London:—

S"lhe French shop La Clios, of 400 tons, seventy-two days
from Martinique. laden wills sugar and indigo, was spoke Is
with by the Commander of the Active, English revenue-
ender, about sik leagues from Falmouth, in the moat
critical situation ; the above ship had lost all her masts,
as also her rudder ; and during the space of furty:.evcn
slays had scudded smiler bore poles. The craw were co.
boosted by fatigue and want of fount The Captain
of the Active ~coirrootioly took her in tow; not, however,
without conisideoable labour and some 'longer, too cones..
quence of the bad weather, and by his skill VIII care brought
her into the port of ',almonds on the 27th nit. One of the
crew of the English cotter perished in the shock of her !
rooming no contact with the French ship. The conduct of the
linzlislatnen tusard* us in this circumstance iv worthy the
highest praise; io con crtiounce of which lie Ainlottetodoc,lo
whom the English Admiralty had reported the alTdio, sc.
turned an au•wee, conveying the expression of his tiii;lt and
heartfelt gratitude."
poxes..•.-ItANo.tt.r. and Ntircrist are taking
great care of themselves for the great maid', and
next week they will continence active training.
Betting is about I
i to 8 on RANDAI.L.—The sport-
ing world consider the match between CARTER and
Sratisc a hoax altogether, and about which there
would be nu betting.
Ehor, who beat Blacklock for the St. I ,r4-cr, in
1817, will again rust against the latter for the (iuiti
CU!), at the York Spring Meeting, and the buts on
the event are ulready considerable.
SomEnsETsitlinE GENERAL QUARTER SESSIONS.
—The Quarter Sessions for this couoty commeticed
yesterday se'smight, heroic the Rev. Dr. CuoKi:,
Chairman, and other :\lagi.trates. The calendar
contained the names of flti prisoners, hut their trials,
owing to the multiplicity of other business which
occupied the attention of the C. url, could out be
proceeded with till Friday risorsting. On Saturday
evening oull• 43 had been disposed of, when Oleic
remained upwards of 50 fur trial.
A most alarming fire broke out on Rlontlay
eS•etting at Buntingford, on the Canibtielge road.
The dames, when observed. spread rapidly fiou►
two farm-yards, which were soon demolished, with
several cottages adjui ss itt g. The back putt of the
Bell Ind narrowly escaped its revues. At one
time the inmost terror and alarm prevailed for the
safety or a number of horses, but lustuouttly by
finis perseverance awl pitimpt Exertions of the in-
habitants, they succeeded in removing the whole of
the animals froth the Mottles, and placed diem in
security will t any at cidestt. 'l•he l'oik mail was
detained for some time out the occasion, before they
could change horses. The Postmaster, we regret
to state, has 'tottered a must serious loss; about ,250
load of corn, and live tat hogs, have fallen a ten-
hi eto time deetturing element. l'he lire remained
burning at one o't leek last monolog, with the
6tcrtest impetuosity.

LAW INTALLIGENtfi.

COURT OE CHANCERY, I.avctot.m's
'fu►snAl, JAML:AIIif 19.

The Imen (7:l4Nct.i.t.on. sat in hie private room
at tltvr►► o'clock. •

In the mailer qr. PIAS, a liankrapl.
°MP LORD CDANCI.:I./.OD—" 1 %11l give imig-
int ut in Olio Pall i 4444 ois Ihe flame of
Lords *Would not riton ttiht elwe, rm.lhr pnrionoe
In-wring animas ; but if their koorth6llll4 do ril fur
ilsat iiiirimor, I will give my juilgint:iton Tocinlay
Lordship wMt oceopleil it remainder or the
tiny iti hearing motions, of no interebt except to the
p.: ties concerned.
. _ .

VICE-CHANChILLOWS COURT, lancoues-Isw,

Ybe.oir. hiumiir 19.

EICEPTIO?iB.-OPERA.CIOUSt.

WATERS E. TAYLOR. •
Mr. HULA I.D. Consist' for the Defendoot. stated,
thethis.clieut had tikes, fire exceptimig to the Mop-
ter's report. Ity • decree or theCtiort. of the lath
of December. 1813. it was directed that the Master

should inquire and report' what debts hod accrued
in carrying in the liwinores or ihr ()pent-house, since
the year NO% which etreeted Mr. Waters, - the
executor of Mr. 6.)01(1, and the Defend/sit, jowity.
The Minter had reported, on the 1 Ith May. 1815,
that Charles I.ouis Dedetot had beer► engaged by Mr.

Taylors, Ballet Master of the <)prra•hou+e, fur the
years 181 e. 1813. and 1814. at a salary or 1.150/.
per annitinostid that his salary was to he pail] by three
iu,taltarntsiu each parotid that 111 r.Tay lor had paid
two instalments in the years 1813 and 1813, hut that
one instalment in each of those years remained due
to Dirtelet, and in the year 1814,_%1r. Taylor

egimird to br sumine,ter of the Opera-hour.
Mr. Didohat ?Nord foe the tifter.ieirt of the seii.on
with Mr. Waters.. for the %sn of 5501. with the
knowledge end convent of Mr. Taylor. The Mu*.
ter ball deducted the win ..1 550/. received by lii.

delot. Waters' rruin the 1.1501. lie ought to

have rectified from •Taylor, if the latter had re-
mained getepager. reporting that the s of I,OM.
was due to Hidelot frosn ate joint concern. The
second excepti 0000 ins to the satiety of Dideint's
wife, which the Muter had allowed in the sante
way. The Learned Counsel contended that the
Rider's report wee COlitfiliy to the air gof the

decree or the Court.
The VICE-CHANCELLOR—I' The Master It..
adopted tiw substance of the decree in his report-, it
would certainly have been better that belted used the
word+ of it. This was s decree for 11w purpose of ■
dissolution of partnership, and the Meeter reports
that I)idelot's was a joila debt of Waters and

Taylor."
Mr. HEALD slid. then It cense to tiny question—
If Didelot held Taylor to his agreement, he ought
not to have entered into a new agreement with
Waters without the actual consent of Taylor, for if
he received is greater sum from Waters than he was
to have received from Taylor, the latter would be
entitled to it.
The Vlce-CliantELLoa—" Is It not for the ser-
vice of Didel•st for the three succeeding years
that the Master has, allowed the sum?"
The Sotictrolt-GENERAL. Counsel for Mr.
Didelot, said, that the Opera-house did soot open
till the roil or march, 1814, on account of the dis-
cussion in that Court nu the subject. and it was for
that tenon aa ia ig part of the season that Mr. Waters
paid Distant the 550/. which the Master had de.
duCted out of the 1,1501. that Taylor ought to
have paid him.
Mr. IJEALD said, nothing turned on whether
Didelot was engaged fur a part of a season or is
whole one, for Taylor agreed with him for the
yearly sashay of 1,130/. but if he thought proper to
engage afterwards 0 ith IVosters for 550/. there was
au curl to the original agreement, and the ohject of
his dicta was i 0 strike out of the Master's report
the difference of Gun/.
The VicE-Citatict:i.l.oa—" Taylor was
an engagement to pay 1.15111. for the year 1814, to
Uidelni ; they might have put an end to this con-
tract for the purpose of the latter making an en-
gagement with Waters—there is sin evidence that
they doll do so : then the prionafiscte evidence is.
that Dodds'', making at new engaveinent, rescinded
the first ; for this reason, that %%raters would have
been obliged to have fulfilled the agreement of
Taylor with Didelot."
The SOLICITOR-(;ENF.ItA said. that the Mas-
ter hail reported that Waters having had the ser-
vices of Didelot for time remainder of the season of
IEII4, and paid him 550/. fur it, he gave Taylor the
advantage of it by deducting at ft the sum of
1,1501. It never could he supposed that Didelot
would give tip the greater Witt for the lesser, and
the Nlaster found it was a dell against the joint
estate, Taylor having consented that Didelot should
engage with %Voters.
The VICE-01A N CEL Lett —" MICH WIIP time latter
agreement made ?"
The Souct•ron-Gstreaar.--" It does not ap-
pear ; but I admit, if Didelot load salved time first
*guru's-sit when lie made the one with Waters, lie
is not entitled 10 the balance he claims, and the
Master has allowed lOon ; but I think I shall be
Nile to slew that he did not do so."
The Vit;e-Ceissct:i.Lon—'• There is more doubt
in this question. Mr. Solicitor, than you seem to
be aware of. Didelot engaged with Taylor for the
years 1111.1, 1,1. alai 14, and he allow. latinself that
he did ma oche inciter the agivesio i.t iu 1814,
which lie niaile a iii 'Taylor; then oio! ii.varation is,
if he entered into a new agreement with Waters,
whether it is not prima facie evidence that he oban-
dotted the first agreement ?"
The So LIC ITOR-G e 3 ER A Then the mean.
ing of the exceptions are, that Water. ought to pay
Distrito the full salary of 1.130/. ?"
ItICE-CHANELI.I.OIt—" Certainly not. for
Waters and Taylor can liner but one and the saute
interest here. The whole question is. whether the
new a4res intent with %%fosters released Tat) for, or
whether Taylor is only to have credit for the suds
paid by Waters to Didelot, nod that he is MITWer.
able for the hiolasice accord's% to the lirst agree-
ment, I du mint see how I Itil)Ofie of !belle
cXerptlllipi nu die evidence lit fore mac. I think I
must send thew back to aster, to iiiiiiiire mod

.
report whether the aft,iteeinent Made by nidelit
With Waters put tin'erid to his ',retina's row oith
Taylor. lam not :satittlled that the Master run.
141,i1-1. it this sohjectimmerly, frirbidelot did Dot
want tiny new n;,7reenseist with Winer., or the latter
with him, fur the act of an anthorised otitiager
most hind hint successor. otherwise it would he
+we're. indeed, to load the discarded manager with
she roosequene-s of till the tot:gements lie had
made for this- It appears plainly that
the Nlanter was or opinion that the original scree-
Input stood, but he hoc* on e.virlenee before lout
I';vt oistglot to hove lien it lii lit to that cosset:lotion.
I ll:a:town., nosy tie g if, hut there is no esti/mice
to ntipport It."
Rum., nn tl same !tile as the SolTeitnr..
General, sato, that tl dose of tie new agreement
Vi
:11•• that Nlf. Wet ers'vras appointed in inagrr
1814 by the Coon, nod had to account In the
Clout for the receipts of the theatre, and if lie 1...1
paid ()Melo' according to the agreement wills
Ta)lor, it would nut have been atlowd by the
Court.
The VICE-ettatrccr.t.on—" Legit be ',erred
hark to the Muster to consider and repoitighlarter
the agreement with Waters was without pirsitstlice
to that with TaylCr, with lelwrty to state any special
tire staiscel as it rrhoteto t.. hods the exceptiotts."
Mr. HISALD Oleo stated that there were three
other exceptions to sums allowed by the Master iii
his report; one trl,igracir Naldi, the others to
tiig-
tun. Pricetto nod wife, in the year 1814. But the
Master reported that they were entitled to their roll
salary from Taylor. although they had accepted a
less salary fritm Waters. However, it was nut
stated that they had anode any subsequent agree-
ment with %Veers.
The Vict-Citifice.t.r.oit—" I think they will
come under the order I have already made as to tie!
two lir ht. exception.."
51r. lIEAED In NII claretroCe to you, Hollow,
you are sending hark to the Master to decide on
point of law."
The VICE-CIIANCEI.I.OIt—" I mast do so, or
semd show performers to tiring their oortiotis at how.
Witter* and Taylor have the sone interest. and
will not put ilium parties to the er.pruse of hi ing-
lug their actions."
Mr. Hext.D.--" The performers are only no-
minal liarties--their debts have been bought up
by Waters."•
Mr. Mit.t.s, Solicitor TOr Mr. Waters. said it
was us such thing, it had been attempted to bt
proved that it was sO before the Master, but it was
nelmtived. , .
Mr. HICALD—...“ It would appear SO. far the
same Contact appears for Mr. adelot arid Sit.
Waters."
The VICS-CflialcaLoit—" Are you, Mr. Soli-
citor, Comore' fur Waters?"
The. SOLICiTOL-GENBItAI.—" Certainly."
Mr.. Ibuti.ese. Tiw Ittoroo utters :ire hoot only de-
fended by the we Couuml as Waters, bat by
same Sulteitor."
TheSoLtctrolis-Gstaxitst —" I thought I was
Counsel for Mr. Wooten, but I am informed I.y the.
Solicitor that I am not. that Mr. Hart is Waters's
Counsel, and he submits to say order the Court may
please to matte."
The VICE-1211ANCEILLOR—" Take the reference
to the Master as I have Wore pronounced it."
Referred to the Master.

COURT OF KING'S BENCH, Cumuli...cc,
Tucaoh.t, JANUARY 19.

Adjourned Sittings otter Michaelmas 7'ertit Wore
(.hit/ Justice Asuorr and Special Juries.

SLANDER.
DIXON v. HEDGES.

Mr. SCARLETT ststrirl, that the Plaintiff in this
ease, who WAS prol,rietor of a Rep ,sitory ill Bar-
bican, for the sale of carriages and horses, sought:
to reiiiiver a compensation, in damages, firma the
Defendant, a hurse-dealer, who had made a gross
attack on his character. The Circumstances of the
case were these •t—Oti the 27th of February last the
Plaintiff wes employed in selling looses. The De-
fendant bid fur one, and a person of the name of
also bid. The horse was knocked down
to the Defendant, but Goodwin insisted that the
bidding, was his—wad, to end the dispute, Mr.
DI XOll was a ppeuleit to. In the printed condi. tlills
of sale, these words were to he found—" The
highest 'Ader to he the pureliii4-•r—niril, of env
dispute arise, the lot to he resold." In coin i.liaiste
with this coridition, the horse was again put of) for
sale. slid was knocked down to Goodwin'. The.
Defendant immediately began to abuse the Plain-
tiff, and, in the presence of a great number of
persons, said, over and over again, " You ate a
thief—you are a liar—and sell none but unsound
horses." This charge being made deliberately.
the Plaintiff, in vindication of Ids character, found
it necessary to bring the present action.
Thomas Barker knew the Phintiff, who is owner
of is Repository for the sale of horses in Barbican.
\‘'itiress was there on the 27th of February, when
[Mourns acting as auctioneer. The Defendant.
Hedges, seas also there. A dispute took place re-
lative to a horse which had beers sold. By the
conditions of sale. when a dispute arose, the horse
Was to be put up for sale again. The Fosse was,
ill consequence, a second tome put up, and was
knecked down to a person of the name of Good-
will. The Defendant, who had bidden for the
animal, immediately began to abuse the Plaintiff;
whom lie called " a thief," " a liar," and a
" r;e..ler in seretee." By screws he understood
ionic horses were meant. 'lshere were many per-
sons present, and the Defendant repeated this lana
gunge several times.
Cross-ezeorined.—The horse was sold for 41. 104.
He did not know whether it was a screw um riot.
The horse, after being knocked down, the tint
thus.. was taken to the Stable. It was afterwards
brought out, for re-.ale. winch ocrasioncrl the ob-
servations of the Defendant, who supposed the
horse bail been sold to him. The slid nut
use oily improper language to the Defendant.
Alarm Grey was at the Repository in Barbican,
on the 27111 of February. The horse ill rlursrton
Was first kurecktil down to Hedges; but the hod.
ding wan claimed by a perms of the name of Good-
win, ai.d the horse was put up isgatu for sale.
Ilcili;e3 immediate!, called the PleintiLl " a d—rl

I

Ir

Cog," " a liar," and said, " he sold nothing but
erews"—nr, in plain terms. unsound !tortes.
('rots-erutgined. —The dispute arose in cause.
ay.poire of she violence of nedges, whin fell into a
grrat pasPtnu, 'serialise Dixon persisted iu putts.
op the horse attain. Dixon said, he must so, in
t•soiformity with hia c litions of sale. He never
Thrratrurd the Drreadasit.
NI r. M A !MYATT. for the Defenifant, conteinhol
tP,•t the wools " You're a d—d thief, and ali sr,"
d;tl not initiate specific felony, and virioaiporidly
.ere slot sc able. With respect to the exores-
iost, " You sell nothing but screws or 'inswind
horses." it was In be observed, that the Derrittimit
did not say he an!il them, knowing dorm to hr Its-
sound. fir sound horses—and. as horses of tl:. worst,
.s well as of the hest description, must be '1..1..
there was nothing slanderous in merely s.iyilig,
that a 41/1111 pia them up for Lila. It was is aliaisle,
he observed, that such a trivial business should be
brosight lir fore a Special Jury.
The Jury found for the Plaintiff—damages Is.

St A L1C101.14 ARREST.
THE MAROON n'anutst r. 61.MORIt.
Mr. Coittetor said, the Plaintiff in this action, •
French Nohlernen, complained, that the Defen-
dant, su ruttnent horse-dealer, had, maliciously,
and arnmest soy probable canoe, occasioned him to
he erre-steel. mat held to bail for a considerable runs
of money. The Marquis D'Aoul.t, it appeared,
came to this country, for his pleasure, in the year
Is p--and, M it was • great °hire' to obtain
prime Esiglitill horses, to send to France, he, with
(he ronostatorie of • friend, looked oat for some. In
The month of September, its that year, 1w was re-
.- mitutended to the Defendant, Elmore, a well-
kuuww As 1w could not speak Eng-
lish. be went to his stables, ticcompaniert by an
F. glish I,eentlentan, a Mr. Bradley, who understood
French ats well as E,stglish„ and v'ewrsl a great
many Napes. Two, a brown and a bay horse, par-
ticularly attracted his attention; arid for these a
very large price was demanded. The Marquis,
Wore he pnrchased, wished to see them in the
held, obser.ing, that, if he liked their action, he
would give'-20 guineas for them. The Defendant
was not present at the time—hut his brother, who
meted for him, consented that the horsts shnnld
lee tried—and he mounted nue of them him-
self, the other being ridden by his groom-
boy. The Nbuquis expressed a desire to see the
tu.amill4 leap, not over a liar, hot in the field, as
he wattled them for hooting. When they arrived
at a corivenietit place Elmore gallopped his horse
round the field, and, being directed to leap over a
ditch, he Said he did not like the side lie was on,
bat would go to the other. When he viewed it,
however, he refused to leap there either, declaring
that he had not nerve enough ; hut observed, that
the Marquis and his friend tni.,;ht leap the bore's if
they ideresed. The Marquis mounted the brown
horse, and in a few ttttt utes, being dissatisfied with
Elmore's. conduct, left the field. lie was manor's-
ell, in a short time afterwards, to observe Elmore
titling home at a quick pace. The Marquis sent
back the brown horse, by the boy, with this mes-
sage, that he was ready to purchase him et a certain
litce, bust that lit did not like the bay, sod would
tint have it. To his great astonishment, two or
three days afterwards, lie was arrested by the De-
-km(low, on the ground that he haul absolutely pur..
citased the horses, and that they had been delivered
to him, although the younser Elmore rode one of
them back to the stable'. The Marquis, after hav-
ing been in a spaluging-house two or ilitee hours.
procured bail—and, when restored to lilierty, got
oust of this country as fast as ever he could, fearful
lest lie might lie again arrested without just cause,
411111 1111 t iinpressed with a very favourable sentitneett
towards the initials in which he had been 'thus
treated.

Elinor*, the Defendant, had instituted an action
against the present Plaintiff for die supposed debt
n 1 220 guineas, hut, in Isest Easter Term, he thought
tit to sign judgment of won pros. The Marquis
D./lomat now brought his action against the De-
fendant for his eery• reprehensible conduct in ;ar-
resting him withoutcallbe.
William Thomas produced an office-copy of the
strit sued out against the Plaintiff,
leon, the Sheriff's Officer, who arrested
the Plaintiff, put in the warrant which he hod exe-
t•nted glisigitt him. Witness arrested the Plaintiff
the ;day miler the warrant was issued, and took loot
to his luck-up house, iii Warwick-court, Holborn.
lie was in custody three or four hours, when lie
found 1.111.

-- Took produced the hail-bond.
Win. Bromley put in the judgment of won pros.
in the case of " Elmore v. the Marquis D'Aassist.
—The resent Defendant's attorney paid the
coos of the Igen pros. The declaration was &h-
-eeled in Jauntily last, and the present Pleititiff, by
that action. wini put to the expense of 241.
Mr. Parkin, the Defendant's attorney, stated,
that John Elmore, the Defendant's brother and
assistant, gave isirtructione to his and his partners
to bring the action soggiest the Marquis. He also
gave directions relative to his arrest.
It was given in evidence, that the Marquis's
ettorney. in November, 1817, applied to the Mine-
so-v for the present Defendant (who was then Plain-
tiff) to try the cause in Michaelmas Term, but that
they refused.
Mr. Joseph Bradley was untainted with the
Marquis D'Aonist, whom he accompanied on the
"4th of September. 1817, to the Defendant's
stables to look it *none horses. Their attention was
pario.uhrl) directed to a brows horse, and after-
'studs to a bay bone. They were saddled and taken
east u. 1, field at the Plaintiff's desire, in order that
hr might Tie thesis lest'. Mr. John Elmore rode
the I,as horse, mid a groom-!say the brown horse.
Ile .4,01 I rO guitteas for the brown, and 180 for
'lv loal. lie Margins proposed 240 guineas, for
11*, pill. if he liked their action in the field, which
refused at tirrt. Ist the mean time the horses
...re *hewn to some lit liet (;eistlemett, particularly
t a Mr. Lee. The Defendant afterwards took
.:.toss low a stable, when they were by them-
arit•••. toot offered so take ItiO guineas. He men-
Itoord this to the Margins, who *mitt, if Mr. El-
moor would take the two . °roes out, and make
locos leap, lse would pa)' that suns, provided he
nktti Ihrir too& of kaialq. The Marques wanted
the Isis..,‘ • huts buuting. Witness commusliceted to
Elmotr itely an% the Marquia raid. El.
virile and the boy fade the luasee to liallptels.

field. where they could find no ptoper leap—
:,„(1 it wits then propii.eil`Vo go to a field edict!
the Grua! Ground, where there was a
ditch, lie wa- requested to leap the horse
over it. lie looked at the ditch, trial sold,
be would rather leap it at the other side, to
which he proceeded--but he also declined leaping
f that side. There was a hedge in the field,
over ..hich lie arts neat olie(' to leap; but. instead
of vu doing, he rode throogli a gap that was iu it.
He was asked wily lie did out leap ? and answered,
that Inn load riot nerve enough. %Vitro,s inquired
for srlpst they had rouse there ? was it hot to see
tiw hoist.. leap ? To which Elinore answered, that
vvoteesss lid the Marquis might themselves leuo
the horses. Witness intended the brown horse to
see how lie trotted. On coming out of the field.
they mitered the Defendant, whom they saw riding
the bay horse towards 'mute. The brown horse was
put ui possession oft he boy, and a message was de.
livered to him fur his roaster, stating, that the Mar.
(lois disliked the hay horse, but that he would give
100 :milieus for the brown. Witiir.s was present
on the 27th of September, when the Marquis was
arrested.
('rest-exansireetl.—Witness was not one of the
Marquis's bail. The Marquis staid in England
only while lie deposited money with his lawyer to
defray the expenses of this action. lie embarkesl
immediately after for the Continent, and felt very
much hurt. Witness was left to employ the attor-
ney for the Plaintiff. He had never seen, nor
heard of the horses since. Neither he nor the
Nlarqiiis had said any thing of leaving the horses at
livery with the Defendant. for a week or fortnight.
It was all ate tranritetion—they had not gone away
anti returned.
Mr. Scanerre, for the Defendant, stated, that
he %mild prove, to the entire satisfaction of the
Jury, that the y which the Marquis had
molly tweed to give for these horses, might have
been had, at the time, by the Defendant, from dif-
ferrist individual.. That a bargain had hero made.
wmild show, Iry calling the Gentlemen who were
present at the time :—and, if the story told by
Mr. Bradley were correct—if the Marquis did not
introit to ciiiichade a bargain—this, at least, was
must certain, that Mr. John Elmore did not so un-
derstand it. Now, the reason why the action insti-
tuted by the Defendant *UP not pursued, was
merely this—because he found he could dispose
of the horses to advantage ; pendente lite, and, in-
deed, he sold out of them for 150, and the other
for 100 guineas; as this sum of 250 guineas would
corer the expense incurred by the action brought,
after deducting 220 guineas, the price the Marquis
agreed to pay, be thought it would he better for
him, as well as for the Plaintiff, to proceed no fur-
ther. The horse which he had sold for ISO gui-
neas, had been re-sold for 200, and was ultimately
purchased, by an Officer in the Guards, for 300
guniess. This was an action for malicious arrest—
and it would he for the Jury to say, when he had
pruved his ease, whether the Defendant did not
proceed agrinat the Plaintiff on a good and pro-
bable Kronur', instead of a malicious one.
John Elmore, the Defendant's brother, recol-
leeud the Nlaiquis coining to their stables, in Sep-
tember, 1817, and looking at the two horses in
question, which had been left with them for sale,
in the mouth of August preceding. Mr. Lee,
Mr. Gnaw', and others, had previously seen the
horse*. Willies« asked for the two horses 240 or
250 guineas. The Marquis offered 200, which he
relined. lie never asked 180 fur one and 150 for
the other. Mr. Bradley afterwards offered 220
ruitormi for thew, which he agreed to
Brailtry observed, us the Marquis was not going to
give them a trial, that witness must warrant them
sound., which lie promised to do. Bradley next
said, its the Marquis would he out of towu fur
a week or fortnight, it would be necessary that
they shaahl 'einem with the Defendant for a abort
tune—arid asked aka would be the expense ? Wit.
eras stated. he would only charge a guinea a-week.
as the Marquis bought the horses of hint. They then
went away, amid cline back in a quarter of an hour,
wlwrithey reetaested that two of the Defendant's inen
might heath:rived to walk the horses over the stones.
Witness, in consequence, mounted one of them,
and his boy the other, imd•proceeded to Harper's-
' field. There was nothing said about leaping at
this time. ‘Vbeis they arrived in the field, he gal-
lopped the bay horse round, and leaped over a
smelt ditch. They then went to the Grand Junc-
tion field, whet* the Marquis wished him tit leap
over a hank with a double ditch, which he refused,
conceiving it to be very dangerous. Witness, with
Mr. Bradley's consent, then trotted home. A
quarter of an hour or twenty minutes afterwards,
the brown horse was brought to the stables by the
boy, with a message, that the Gentleman would
take neither of the horses. Witness, in conse-
quence, wrote a letter to the Marquis. the same
evening, but received no answer. His brother
Adam, who spoke French, and is now to France.
waited on the Marquei, amid brought a communi-
cation from him. IVitiows made the affidavit on
which the writ against the Marquis was granted.
When he did so, lie believed in his conscience that
the Marquis had purchased the horses. He after-
wards sold the brown horse to the Marquis of
Blandford far 150 guineas, and the bay, to Milton,
the horse-dealer, fur 100 guineas. The only reason
for their stopping the action commenced was, he-
al/Pe they had it iii their power to cover their es.
prose. by an advantageous sale of the horses.
Cross examined—Witness was about live minutes
in the field before the Marquis and Mr. Bradley
mounted the horses. Nothing was said shout leap-
ing them, till they came to the field. The parties,
ouly wished him to warrant them sound. lie be-
lieved he sold the horse to the Marquis of Bland-
ford, it November, 1817. He did not recollect
when he sold the horse to Milton.
Mr. Charles Savignac was present, at Mr. El-
more', stables, *lwo the transection took place.
He went there with a Mr. lee. whom he wished to
look at the brown horse. Mr. Lee liked the horse
very much—but did not bid for him, because Mr.
John Elmore suited to hint, that the Marquis had
agreed to buy the two hones for 210 guineas, and
that, therefore, he could out have the brOwii
!loose. Wituess and Mr. Lee left the stables. being
convinced that the horses were sold. Mr. Edmore
asked 150 gioneas for the brown horse. Witness
thought die pair cheap at 2'20 guissees.
Mr„ Gpsoo, a stationer, residing in Thames..
Wart, coy present %lieu the Minipill and Mr.

Bradley came to thettablts of the Defendant. null
the inspires:Orin on his 'Mod was, that the horses
were mold. He he ird nohow about leoputig than.
Bradley said lie wools' take the heroes withotit
trial, on condition that Mr. J. Elmore would war
rant them sound, which he promeicil to do.
Thomas Mark, the servant of the Defendant,
witnessed the whole transaction. In the first in-
stance, Mr. Bradley offered 200 guineira for the
horse., which was refused. Ile afterward* bid
,220 for them, which was accepted, and it was un-
derstood that they were to stand, fora short lime,
at Defendant's stahke. Nothing was said about a
trial—but IVIr. J. Elmore prwriiimed to warrant them
sound. It was out Defendant's custom to allow
Gentlemen, by way of trial, to leap his horses over
hedges rod ditches. One of the horses was four
the other five yearn of age. They were afterwards
sold—the brown for 150, the bay for 100 guineas.
Crass. erarained.. —Witness was not a capital
French echoing., but, having lived six months its
France, lie knew enough of the language, to under-
stand the conversation between Bradley arid the
Marquis, which he was desired to attend to. He
would answer any questions put to him in French,
by the Learned Counsel—mid though not a good
rider, could probably ride as well as a Lawyer.
Mr. GURNEY replied. He called oti the Jury to
mark attentively the peculiar features of this case.
It was said that judgment of son pros. in the action
brought against the Marquis, by the present De-
fendant, was signed, because the latter had an op-
portunity of selling the horses to advantage. But
how stood the fact ? On the 24th of September the
transaction took place, and, on the 27th, the De-
fendant caused the Plaintiff to be arrested. Vail
being given, an action was commenced, and the
Marquis's attorney, in November, 1817, invit-
ed the attorney on the other side, to go to
trial in Michaelmas Term, which was declined.
lii January, the declarrtion in the action com-
menced by the Defendant, was delivered—and, in
the following Easter Term, judgment of non pros.
was vaguer', the horses having been, as it was said,
sold in the November previous. Now, with respect
to the time when they were disposed of—or the
profit at which they were sold—they had no satis-
factory evidence, since those who were stated to
have purchased the horses were not in Court. The
Learned Gentleman then commented on the testi-
mony of the witnesses for the Defendant—severely
reprehended the conduct of Mr. John Elmore,
whom he denominated " the Dandy horse-dealer."
in ordering Marks, who, from his appearance,
would not be supposed to understand French, to
listen to the conversation between the Marquis and
Mr. Bradley, for the purpose of taking advantage
of it—contended that the reason of the note was
clearly in favour of the Plaintiff—observed, that
the Defendant's witnesses had supported some of
the circumstances alleged by the Plaintiff—and

concluded with a corifident anticipation of a verdict
for his client.
The CHIEF JUSTICE, in recapitulating the evi-
dence, observed, that, if the Jury thought the
younger Elmore misunderstood the proceeding of
the Marquis, and really believed that he had
bought the horses, then they would find for the
Defendant, as there would, in that case, be pro-
bable ground for arrest; but if they were of opi-
nion, that he knew the contrary, and meant to
pliy a trick or fraud on the Marquis, they were
then bound to return a verdict for the Plaintiff.

The Jury found for the Plaintiff—atantges
100 guineas—coat; 40s:

OLD BAILEY. TUESDAY, JANUARY 19.

Joseph Blanchard and Ceo. Chard were indicted
fur stealing, on the morning of the 25th October,
in the dwelling-house of Wm. Pearls, Esq. Glou-
cester-place, • gold snoff-boa, a gold watch, a
brilliant brooch, and other articles of jewellery, to
a considerable amount. .

_
Mr. Win. Pearls proved that on the morning in
question his hotioe was broke:► ripen, and robbed of
the articles stated in the indictment. .

Win. Peters, the Prosecutor'sservant, said. that
at seven o'clock on the morning of the 25th October,
he got up and observed that a window on the slam,
was open, and a ladder lying on the outsideoll
going into the parlour he perceived the footsteps of
some persons, and that something had been carried
off; he then alarmed the family.
Mr. Pearls being again called, said, that on the
preceding night he left his gold snisfr-box in the
drawing-room, and found it gone when the 'errata
alarmed him iii the morning. He soma discovered
that Mrs. Pearls' dressing-box had been rifled of a
purse, containing some silver amid other property.
James Gideon, a pawnbroker, residing in Staf-
ford-street, Mary-le-bone, proved that the Prisoner
Chard offered for pawn, on the e9fla October, a
small brooch set with brilliants; lie wanted 51.
upon it. He said it was his own property, and that
be had bought it fur 7.. from a Itlall ill a public-
house. Witness sent for a constable and took the
lad into custody. The brooch was loan discovered
to be the property of Mr. Nulls.
Richard Coates, a constable, apprehended
Chard on the day in question. Ile said lie got the
brooch from a gentleman's servant, whose name
was Clarke; hut he tlid not know where he lived.
Witness said this was very strange ; when Prisoner
said. if lie was let go he could find him. but witness
would not agree to this. About seven o'clock the
Name evening witness wss sent for by Mr. Gideon.
who sheered him some silver, which corresponded
with that in the printed handbill. lie went to the
lodging of a girl of the mime of Jones, and found
her there. She gave him a pair of seiner% but
denied any knowledge of Clarke. Wiwi.** found
in her lodgings two packs of cards. The other
Prisoner (Blanchard) kept nut of the way, and was
not discovered until last Wednesday.
William Sellers, a constable, apprehended
Blauchard last Wednesday in Exeter-court.
wa. Witness asked if he knew for what lie was sp.
prehentlerl ? Prisoner said lie did, and expressed a
desire to know the fate of Chard.
Richard Smith, a constable, apprehended Chard
at Mr. Gideon's. iii corollas)), with Coates. Pri-
soner admitted that he had pledged the property for
Clarke, when they were going to Molesey Hurst to
ire the light. %Vitoria found a new pair of panta-
loons, a pair of boots, and a waistcoat, at the girl
Junes's lodging..
Deborah Box said, that Blanchard used to have

Lt. s n ~Heil. Ii 301iCS, ut whose lodgings is
used frequently to be.
Junes wort she was taken up the same
(I.IY as Chard ; knew Blanchard very well,
and saw lion the day stir w. 14 oaken. On the S•i-
tindly evening of st.ti rtilibery, Blanche's! left l.er
lodgings at ten si'i hick :.t night ; got the seessar%
f him either 1111 t Saturday or Mond ; the
silver piece's, thimble, he. he gave her the pomp.
day ; sultl them to Mr. Giolenev, es Pri.olwr
said lw not uivis she should kirp those
The Peteseentor identified all there astlievs.
Mr. l'e,trtv identified the brooch 'efferrrl by
Chard to Mr. Gideon, as being that whirl) s•es
stolen from his divellings house on the night of the
robbery.
Mr. Justice tioi.noYD summed up the evidence
to the Jury, who returned a verdict of Gushy
against Blanchard, and Chard Not
Daniel 111.Vey was indicted for stoats% iii the
dwelling-house of Joseph Wilfred Parkins, Esq.
it rose diamond ring, value 1501. and several other
talusable articles.

Mr. A unt.Pttus, in stating the case to the Jury,
said, that the Prosecutor, Mr. Parkins was a gen-
tleman who had, rlll a considerable period, wailed
in India, and who hid a %hurt time ague, returned to
this country. The Prisoner was employed in a
menial capacity in his house, and tuck advantage
while Mr. Parkins was on a hunting excursion with
Sir Francis Burdett, to carry off the property
stated in the indictment.

The Learned Counsel was about to call the wit-
nes•es for the prosecution. when—
Mr. Justice Buttrtut,oft observed, that the name
mentioned in the iudu•nteut was Joseph Wilford
(instead of Wilfred) Parkins.
This error on the record was fatal to the indict-
ment, and the Prisoner was Acquitted. He was,
however, detained in custody on the ■pplicution of
the Counsel for the prosecution, until a fresh hill
of indictment could be prefcrird against him.
Several burglaries were bird, but they were des-
titute of general interest.