The British Press; or, Morning Literary Advertiser.
London, England, 1808-02-20 00:00:00

LAW INT E LLIC
dcUt. or, KING'S BENCH, Wcstmtmatst, Ytl. I.

° I , ,

Sittini at Nisi Prigs before Lord ELLtrisoßouos.
WISHER v. SaInIULLEN.
'This was .an action brought for damages, the
Plaintiff having bought twenty-tight puncheons ofn
weer, at 44d. a barrel ; the quariity, agreed for was 1
!behest exportation heer; the Phu of complained
it was not ►uch, awl on account of which he sus-
tained a great loss. In dofeoce it was 'contended
it, was of fife quality agreed upon; that the Plaintiff
nude no complaiut of the beer, until six mouths
,After the delivery ; that the Defendant then scut a
person to try it, who attested it was good beer.—
Another Witieae proved, that be tasted the beer
in. November lust, that it was of the quality of
good exportation beer'; that it wad then rather
hind by having been kept so long, but it had the
• Streogth of body such beer required.
The Jury, without heditatiou, returned a Ver-
dict for the Deft ndant.

sotostoe O. ostotagiut..
This was au action brought by the Plaintiff. for
goods send and delivered. It appeared, that the
Defendant had • contract: for sopplylng 1116 Mu-
jebtv'b ship St. Albans. then lying at Portsmouth,
with stores ; not being able to get them himself,
he applied to the Ph.mtiff, who ordered different
tunics-people to let the Defendant have goods to
the amount of 841. the greater part of which sum
the Plaintiff had been obliged to psi.
It wits conteuded by Mr. P.tsaa, for the Defend-
' ant. that the action could not lay for goods sold and
delivered, as theRRods %Ile not sold 'by the Plain-
; til* to the Defendant.
Loyd Ettxs:gcntovou was of a diffenistopioion.
Mr. PARRS theft artiued, that the Plaintiff had
no right to a verdict fur more than what he had we-
t...talky paid- .„
Lord ELLEMIOROUGII observed, that it had been
iiroved, that the Defendant had ackooaleglged hini-
belfto iudy•ted to die Plaintiff in the sum of 844.
'and if the. jury btlievett the Witless, they must
give him a verdict for that amount.
Verdict (tie Plaintiff, flil. with costs.

FEB. 19.

FIELD V. HARRVI.
Mr. GAIRSOW stated that this was an action
brought to recover damages from the Defendant,
on account of the misconduct of his cOaVilinati ; he
did not wish to attribute any limit to the Defend-
apt, but he was fearful that Ilia Juvy, after hearing
the wintessist for the loiairsZfilauld he of opinion
that there was a vast deal e to be attached
his conduct in this businiso ; but whether there
was or not, it did not make any consequence; the
Defendant was answerable for the. conduct. of his
coachman. The I'laintiff, a tradesman, was going,
from Clapham to Gieenwich, accompanied by a
3..oting woman of the noise of Cole, in a the.n-
eut.( ; they were going at on easy rate in HOPW-
monger...lane, and fora very geoid reason, for if they
wivlied to go faster, they could nor: theliorse was
one of those small pones, so lunch used by taco of
the description of the Plaintiff. The Chariot of the
Defendant came rattling along at the rate of ten
miles an hoar, the poor tradesman use frightened at
the neighing of the steed*, and drove his chaise.
cart ou the foot-path, to avoid the pending
danger when the coachman, pleased at the anxiety
of the Plaintiff, drew still closer, although there
was roam for two carriages to pates on the other side
of dui road ; and, being an adept in driving, ma-
naged to entangle the Plaintiff s ehuise-cart be-
tween-the wheels of the chariot, and in that situa-
tion drugged it about 40 yards, until the shafts.
broke; the Plaintiff calling out to the ctitteltinan,
who only smiled, and whipped h's homes. The
PI mai nt i n and the y onftg woman were throw n out (tithe
chaise-cart under the chariot, and one of the wheels
went over the Plaintiff. So far (rain the Defend-
tint being affected, or commiserating the 'situation
of the lianatiff, he allowed the carriage to con-
done its career until it was stopped by force,
and afterwards r(-fused giving his address. He did
not feel himself equal to describe the atrocity of
the eau Innen, or the passiveness of his master, who
was it Niko t spectator, if not an *bettor. The Plaint-.
i not demand enonnons damages, he only asked
for the repair of the chaise-cart, and an equivalent
for the time he had lost by the hurt he had re-
ceived. He would observe to the Jury, that there
was a law which pointed out the side of the mad
that a traveller should p.m on, trovnipg or going in
the suhurbs of London ; and he 'cold prove that
she Plaintiff was on the proper. side of the road.
This case might appear simple, as it did to the
Df fendant, as it was only a poor tradesman ispiett
but he believed it was aelinowledged, that there
was no class of. men more entitled to the protection
of the laws of their entinter, than that which the
Plaintiff belonged to ; and he trusted, that the
eniehmtut of a person not more respectable than.
die Plaintiff, only that he kept a chariot, und the
Plaintiff only u chaise-cart, would not be allowed,
withoitnpunity, to eildaer the life of a peace-.
able citizen, He trustedr that the' Jury, by their
verdict that day, would manifest such a marked dis-
approbation of the Act, as to prevent the same
kind of atrocity coming again before that Court.

Mirthi Cole depolied, that Mr. Field, the Plain.
tiff, 'called on her on the Ist of august last, at
'the house of her master, Doctor Burney, at Clap.
!ham, to take lace to Chelsea; she accompanied
;him in his chaise-cart • he was driving quietl
behind them heard a carriage them ; the Plaintiff
'drove close to the foot-path • the carriage still kept
_
getting closer to them, and drove partly on, the
foot-path, when the carriage min alongside. and
,entstegled the chaise-cart ; the Plaintiff called out
to the coachman, who sneered; and whined the
rhorsrs, who were going very fast ; they dragged
ltbe cart about 40 yards, when Witness was thrown
;out, with the Plaintiff. The fall deprived her of
oppose • when she recovered, she foutul herself in
the ciaitiee-uut of a Mr. Greett, who left her at
;Chtlsen ; sew the Plaintiff at Chelsea, and was in-
fortue:l the wheel of the carriage went over him;
;he appeared much :Met, and .was old geil to have
a alai-eon to attend hits ; she was told she fell
under the carriage: Mit escaped the wheels. This
,erideuce we. corroborated by the testimony of
Otter:ll other Arifneases.
Verdiet for Plaintiff. 'Lamazes 201.

OLD 'BAILEY, Tut. IP.

The Seesiotte comuieueed this day berore Mr.
Jrostice Ls 111Law.6, Mr. Justice HEATH, Mr. Umiak
Titosegos, the LORD Mayor, aad s‘verat

isCrates. indicted for
Besjassitt Tliornial was capitally
privately stealing, in the house of Mr. Uenry Bur-
ton, esboiet-inaker, lfilenhiiiu-street,
square, several pairs of cotton sheets, besets& tittle_
cloths, two pair of uniform breeches, -siren
three pair of silk stockings, two waisteoate,illibit
pair of drawers, and tele pair of cotton stuckiii‘s,
the property of George Ml Ross, Esq. en Officer
in the Navy.
George Allen Rosa deposed, that the Prisoner
bad lined with him 18 months as groom stud valtt
be bad at several times missed articles,anckno panels"
but the Prisoner having recourse to them, be at
but suspected hint; got an officer and- a search
srarnmt, examined his kooks, and found the are
ticks ; • the Prisoner at first said the Witness hltd
given them .to him, but afterwards begged for
mercy ; could not swear positively to the time any of
the articles were stolen ; had worn some of the ar-
ticles of nearing apparel a short time back, but
supposed the, sheets and the table-cloths had been
stolso List Spring, when the Witness removed from
a cottage he had in the country,. to his present
lodgings in Blenheim-rtsret ; the Prisoner was en-
trusted with tke putting up and the removal of
the thins; Witness could not say what was the
rake of the articles, they having been worn.
John Foy, constable, corroborated the evidence
of Mr. RASA. as to the finding of the articles iu the
trunks oldie Prisoner.
The Prisoner, in kis defence, said, that Mr. Bur-
ton, •tharbose house his usaster lodged, had charged
him wah stealing a pair of boots, mid his master
had threatened to turn him off, without paying
bias his wages, and he put the things in his trunk,
to secure himself.
The Jury found him Guilty of stealing to the
value of mfrs.

MOP- LI FT 1 NG.

Nary fri/sois was capitally indicted for privately
stealing twelve pair of cotton stockings, in the shop
of Mr. Jetties White, haberdasher, High-street,
White ehapeb
It appeared, that the Prisoner went into Mr.
White's shop, about two o'clock, ou the 19th of Ja-
ninny. took the site kings off the counter, and
carried them off. Mr. kl bite was engaged in the
back 'hap with a customer ; ott his coming into the
front shop, as the Prisoner scent out, he missed the
stockings; followed her, and took them from under
her apron.
The Jury found her Csiity of stealing to the
annum of 395.