The British Press; or, Morning Literary Advertiser.
London, England, 1824-09-13 00:00:00

{II■.I.M►:RfIHI v. 11 S:D9R'LLL.

This was an action on a bill of exchange fur IW. The plaintiff
is a paper-dealer, and the defendant keeps as eating bowie, in j
Manchester. Some time ago the latter was in difliculty, and corn.
pounded with his creditors for seven shillings in the pound.
ham Sheitrerditle, the brother of the plaintiff, who was if creditor,
at •edetl to the competition, and the defendant accepted fur him ,
t.ae bill which was the subject of the present action. The bid
Was pad over by the drawer to the plaintiff, who endorsed it',
t.rer to other patties. The bill was afterwards returned disbo.
twured, notice of which was given to the drawer, sad be Went
to the de .s lent, who told hint that he could not pay the
; but that he would take it up with another bill, sunk.
I tent to cover the amount, with expenses. The second bill was
given; it became due or the let of February, and was paid. but
v.e former bill was out given up to the defendant. and in May the
present proceedings were commenced by John Shelmerdine.

Foe the defendant,William Shelmenline was called, to pmce the
circumstances under which he receierd the latter bill. He stateil
that the second bill had been paid away by himself, and that the
termer bill was not given up; and he attempted to account fur the
fact by Fraying. that the defendant agreed to pay his deniand in
fell. He was then asked if the plaintiff knew of these transac-
liens, but be darned that he had had any communication with his
brother foe eight years.
Justice BAYLttr told the Jury they must dismiss the whale
o; what had been said by the Last witness, as it was not s!tewn that
the pipintift was cognizant of what he hail done; what he hail said
was flat legs' evidence. The plaintiff was entitled to their verdict.
Tile Jury deliberated for some time. and did rot sheet inclined
to come to a conclusion, when ill. Justice Palmer repeated to
them what he had yreviously said, as to the plaintiff being entitled
to their verdict. Though they might surmise that there had been
same collusion between the pbantambl his brother, yet they hail
tie legal evidence of it ; and they must not find a verdict en sue.
rose and supposition.
The Jury spun deliberated far some time.
Mr. Justice BAYLEY repeated that the plailita was legally en-
titled to their verdict; if they did not find for hint, they would cut
bp tt.e paper credit of the country by the roots.
The Jury again deliberated.
Mr. Justice BAYLEY—Gentlemen, I tell you that it is your
den, to find for the plaintiff
The Jury again deliberated.
Mr. Justice BATLEY said that if they could not agree upon a
verdict fur the plaintiff, lie would discharge them from giving
any verdict, and send the cause to be trial over again in the utter
('hurt.

The Jury was shacfore discharged.
_ ALLEN v. WILLIES.

Mr. PARKE opened the pleadings.
Mr. tearer ET T stated to the Jury, that this action wss on). 1
rnenced by Mr. Allen, a gentleman residing in Alanchester, and
who for many years had been extensively engaged in business, as;
A merchant there., against the defendant. Mr. Walker, who was a
respectable solicitor, also residing in Manchester, to recover a
compensation in damages fur a wanton as cult committed upon
Mr Allen b Alr. Walker. The circumstances leading to the as.
sault were them.. Mr. Allen had fur many years been in partner-
ship with a person of the name of Ireland, and some disputes hay-
arisen between them as to their accounts, Mr. Ireland cm- I
ployed Mr. il'aiker as his solicitor in the matter, and it was'
finally arranged that the books of the partnership should be in.
specied by an accountant of the name of Broome, on behalf of Mr.
Ireland. Mr. Broome accordingly
.did examine the beaks, Lid
detected several errors, amounting in the whole to a eontm:eiable
som. The account. as drawn out by Mr. Broome, was finally sub-
mitted to arbitration, and the arbitrators having ascertained a
'w be due to Mr. Ireland, the amount was paid hint.
ly to this, another error, to the amount of IM!. er
was disfavored by Mr. Broome; and on this being
to Mr. Walker, he at once stated, that in that error
bad committed a fraud. This assertion getting to the;
tbe soikitor of hit. Allen, that gentleman

I waited upon Mr. Walker, and required an explanation on behalf,
of Mr. Allen. lie. Walker then again said, that Mr. Allen bad
not only been guilty of a fraud, but when It was pointed out to
him he had chuckled at it. Mr. NVilson stated that there might
be an emir, but he denied any fraudulent intent on the part of hlr.
!Allen, and requested that Mr. Walker would appoint a time to in-
, mitite the account. and, if possible, prove his assertion.
I Mr. Walker did afterwards, by kite? to Mr. Wilson, appoint
i the 2lith July last, for a meeting at his office on the subject, and
t requested that several books might be brought. Accordingly, at
the time lined, Mr. Wilson, accompanied by Mr. Allen and
Say, a friend of his, attentiod, and were met by file. Walker and
Mr. Broome, the accountant. The books were produced, and it then
, appeared there was an error in the account of a person of the name
t of Charles Ainsworth, the amount entered as received from him be-
t ing less by 130/. then what he had actually paid ; but this entry
was not made by file. Allen, but by his bookkeeper. Mr. Wilson,
on seeing this, said, certainly it was an error, but nothing more
could be said of it ; but MrAl alker said that it was a fraud, and he
had proved it one. Mr. Wilson then required file. Valker to
substantiate the other part of the charge against Mr. Altai., viz. his
having chuckled at having committed a fraud, on which Mr.
\Vanier referred to Mr. Broome, who stated. that on discovering
the error as to Ainsworth's account, he had called upon Mr. Allen,
and stated it to him, and that Mr. Allen, on being satisfied of the
t error, patted 31r.ltrounie on the shoulder, and said, " there, Broome,
you see with aU your keenness and cleverness you did not find
out that." Mr. Wilison, on hearing this, said it amounted
to nothing like chuckling at a fraud, and that the most that
could be said of the matter was, that it was an error committed by
the bookkeeper. file. Walker again said it was a fraud, and was
committed with a rascally intent, on which Mi. Allen, who had
been seated the whole time, said, " that is a villanous assertion,"
when Mr. Walker. without further ceremony, went across the room
and struck Mr. Allen a blow in the face. Ile (Mr. Scarlet° had
known Mr. Walker many pars, and must say of him that he was
one of those gentlemen, who, when they hail formed as opinion,
would not depart trims it; but surely Mr. W. if he had formed
such an opinion of Mr. Allen as lie had stated, ought not to Issue
asserted that opinion in the presence of Mr. Allen in the manner
belied done, without being prepared to receive some answer to it;
and he (Mr. Scarlet° would limn to the Jury, whether the answer
of Mr. Allen was not such a one as any of them would have given,
and have given too, without especsing to receive a blow as a re-
plication. Dlr. Allen did not complain of any serious injury done
to his person, nor did he come there with any view of putting da-
mages into his pocket; but although there was no serious injury
dune to his perean, his feelings had been wounded by such an in-
dignity as he hail received, and as no offer of compromise had been
made, lie had no alternative but to bring the case before a Jury,
who, lie was sure, in estimating the damages. would take into their
consideration the provocation first given by Mr. \Volker, the place
in which the assault was counniited, and die manner in which it was
committed.

........
Mt. R. H. Wilson, the solicimr of Mr. Allen in the dispute
with Mr. Ireland, was then called, and proved the circumstances
as stated by 31r. Scarlett.
31r. Say, who had acted as the arbitrator foe Mr. Allen, was
next called, and fully corroborated the evidence of Mr. Wilson,
and added that he did not consider the errors fraudulent.

j On his cross-examination, he stated that Mr. Ireland was an il-
literate man: he believed he could :trite: had seen hint sign his
name. Did not remember the exact amour.t of emits in favour of
Mr. Allen in the accounts better m him and Mr. Ireland, but
thought they were upwards of 4,t0,0/.; there were errors fur and
against.
31r. Sergeant Caoss foe the defence, stated, that biaelient, Mr.
j Walker, feeling that the whole facts of the case were not before the
Jury, instructed him to call a witness before them who was present
at the whole of the transaction, who was not in any way Interested
with any of the parties, and rho would prove to them, that die words
" rascally intent." were not used by Mr. Walker, and that Mr. A.
had. on Mr. Walker stating that it was a gross fraud (which words
j he admitted having used) raTlied, " that is a most notorious lie and
a villainous assertion," and if he proved that, who, he would ask,
would sit quietly, or who would not have acted as his client had
! done ? For my part, said the Learned Sergeant, I ant free to con-
tra, and with reverence in this plat z be it spoken, that if a man
had teld me that I bad told a notorious lie and made a villainous
assertion, I should lime knocked him down. The Jury, in esti-
mating the damages in this case, would take into consideration the
situation of Mr. Valk. r, who was professionally concerned for an
!Illiterate man, as Mr. Ireland had been proved to be, for whom
I Mrs Walker, through the agency of Mr. Broome, had disco-
raved that errors to the amount of upwards of 6,004.1/., as lie
I :mould prove to them, had been itu!de against him by his partner,
jlllr. Allen, and placing themselves in the situation of 31r. Walker,
would say whether these was nut some excuse for 51r. Walker's
forming the irion he lad stated (though he might have formed
it erroneously. Mr. Walker was himself satisfied that he had not
used the words rascally intent," and was naturally anxious, as
the case was before a Jury, that the whole of his conduct in the
transaction should go furl, to the eouruy ; he did rot mean to say
be had done so, but he felt it his duty to lay the whole facts of the
case, from first to last, before the Jury, in order that in estimating
the daniages, they might make some allowance for his feelings at
the time the assault was committed. _ _

..... .
111 r. Broome, All accountant front Manchester. WWI then called;
he stated that he was employed to investigate the partnership ac-
counts of Allen and Ireland ; that he discovered errors in favour of
Mr. Allen to the amount of (1,00 1. some odds ; that there were
also errors against Mr. Allen, and in favour of Mr. Ireland, to the I
amount of lOU. sonic odd shillings; this account of errors was
afterwards refarred, and the arbitrators reduced the amount to
3,1100/. That on subsequently discovering the error in Mr. Chas.
Ainsworth's account, he called upon Mr. Allen and explained it to
him ; when Mr. Allen, upon being satisfied of the error, patted
him (witness) upon the shoulder, and said, " Well, Broome, you
sea with all your abilities you did not find out that, but you have I
got enough fur hint." 'Si itness then stated what took place at Mr.
NValker's office previous to the assault ; that Mr. li'alker stated
that it was a fraud, and a gross fraud ; on which Mr. Allen got up
and went to the table where the books were, anti bitting the table
or the books with his hand, said, '• That's a notorious lie and a
villanous assertion;" when t':. Walker struck Mr. Allen, who
was then standing, a blow in the face.
On his cross-examination lie stated, that the partnership of Allen
and Ireland was of twelve or thirteen years' standing- and that the
errors °craned during that period; that a part of the time Mr.
Ireland had only cme.fourth of the profits, and for the remainder
one-third ; the fi,ffila/. of errors was the total amount, and nut Mr.
Ireland's share; the books in akich the accounts of Allen and Ire-
land were kept confained ether rartnerhip accounts of Mr. Allen's,
and were kept, he believed, by u bookseller to the co corn of Allen
and Ireland.

Mr. SC•It LETT re died conviderable length.
After which, Mr. Baton Iit:LT.OCM summed up the case to the
Jury, who, after a few wintitcs' consideration, returned a verdict
for the plaintitl—llaniages .10/.

Tut 11 sartar.—We find with much regret that the
harvest is by no means so far advanced in this neighbour-
hood as we had been led to suritose. Many farmers on the
Cheshire aide of the town had cut their corn, but calculat-
ing too confidently on the continuance of fine weather, had
gone to tuber agricultural operations, instead of at once
housing it. In Derbyshire and on the borders of York-
shire there is a vast deal of corn not carried, which has been
exposed to all the rain of the past week. Thursday and
yesterday. however, were fine days, and we hope the wea-
ther will again take up, so as to admit of the harvest being
well finished. Th 2 crops, we hear, are everywhere abun-
dant, and if they should be well gotten, we may safely cal-
culate on the blesznlgs of low prices.—Munehester Guardian.
Unfortunately for the herring fishers they have this
season done very little good either in the North or West
Highlands.
& few days since, the cow of a farmer, near Middleton,
County Cork, brought forth three calves, which are doing

.
The New Road from Folkestone Harbour, through the
Cliff, which will come Ait on the Samlgate Road, near the
Church, was commenced cutting on Tuesday last. Another
road is also commenced from Sanilgate to Foßtatone, under
the Cliff.

Si cam CAR ZI AG x.—About eighteen months or two,
years ago, we mentioned the invention of Mr. Nathan
Gough. of a steam carriage to run on common roads, and,
its baring been tried on the Stockport road. Since that
time, we hare heard nothing of this vehicle until the pre-
sent week. On Monday evening, however, the inventor
gave it another trial. It proceeded slowly and with fre-
quent stoppages, from his house in Duncan-street, Oldilehl
Road, a short distance up Regent Road, and then back
again. The flue being, u subsequently appeared, almost'
choakcd up with rubbish, had prevented the proper action
of the engine ; and it was in consequence of this, that the
machine performing so ir.differently. On the following
evening, however, the defect had been remedied, and the
carriage proceeded from Oldaeld Road up Regent Road I
down Cress-lane, and by way of the Crescent to lb:. place
whence it set out. Its pace on level ground was about
three miles an hour, and, in addition to the guides who sits,
in front, it carried three or four passengers. The steam
et:gine is on the high pressure principle, and its power. we,
understand. acts exclusively on the hind wheels. Not h.ev..
ing yet had the opportunity of examining the machinery,
we are of course unable to describe it. We conceive, how-
ever, the feasibility of My. Gough's plan has been fuliy
establ abed ; and when the rude construction of the carriage
and its works, which wete intended merely for experiment,
arc borne in mind, it will be evident that its capabilities of
action must not be estimated from what it has in:herto
fortned.—ellancheeler Pape).
Sunday, a woman near Dromin, Limerick, hung herself
in a fit of jealousy. She suspected her husband of an
improper intimacy with a young woman in the neighbour-
hood.

(hi 11 etineaday night, a fisherman named John Bedrock ,
died in one of the Orinag.boata, then !puking for ti>h in Mount's
Day, Cornwall. The pew •fellow had been ill for some time, bet
his anxiety to supply the wants of his family, indneed him to go
to sea when he should have been. in his bed. The hotly was
brought on shore by big comrades, on Thursday morning.

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