The British Press; or, Morning Literary Advertiser.
London, England, 1804-11-30 00:00:00

. • ',

this army, and the English and Irish Guides ware
on board, the general report at Brest M Mil that this
armament was neither destined for England nor Ire-
land, but for the East-Indies, because the ships had
taken in sir months provisions, with such clothing,
Inr the crews and troops, as are only worn in warm
climates. This may, however, only be a trick of
t .e Usurper, to deceive as to the real destination of
this armament. Captnin Tax 13 EKG said, that Gia
r irEAUSfr'S fleet consisted of twenty-one ships of the
line, nine frigates, and ten cutters, with twenty-
eight stout transports, all ready for sea, though
badly manned. It was reported, at Brest, on the
11th, that Garrrcr E•ussa would have sailed before
this, had he not received orders by the telegraph,
to wait for the arrival of a Courier from Spain. The
troops yet encamped near Brest, were said to amount
to 12,000 men. The Officer who favoured us with the
above particulars, added, that two ether neutral
Masters of ships have confirmed the report of
Captain TA UB ERG.

A morning Paper of yesterday stated a report,
that the French had taken possession of Hamburgh ;
but, at the same time, expressed a belief that there
WAS no foundation for the rumour, but the proba-
bility of such an event. We can add in confirma-
tion of that opinion, that the King of PRUSSIA, in
his rem sustrance against the arrest of Sir GEORGE
Rum ttot.o, and demand of his release, declared to
Cie Corsic.tn Usurper, 4. That he considered all the
Foreign Ministers, residing at Hamburgh, as ac-
credited to the Circle of Lower Saxony, of which
His PRUSSIAN MAJISTY is one of the principal
Members, as much under his special protelion,
as if they were accredited to himself." We can
farther add, that when the RUSSIAN and Swerstsit
Isfirtisrxits, alarmed by that aggression, for the
safety of their countrymen, residing in the same
quality in that city, demanded from the Prus-
sian Minister of State, Baron HARDENBERG,
whether any farther violation of the Laws of
Nations were to be apprehended in that Impe-
rial and neutral territory ? they were assured in
positive terms, " that any future attempt, on the port
of France, ag:sinst the Diplomatic Agents, accredit-
ed to the Circle of Lower Saxony, would be resented
by his Soyereign." Relying upon this information,
we do not hesitate to assert, that the report of the
occupation of Hamburgh by the French troops is
totally destitute of foundation.

An exchange of private signals, and other rnitters
of importance, have, we understand, been agreed
upon by the Courts of St. James's and St. Peters-
burgh.
We are happy to state, that the loss of lives, on
hoard the Vearrable, is not so great as it w.ss repre-
sented. It dies not exceed two Mid,hipmen and
one Seaman, drowned.

The Hannibal, which was wreckt'd near Sand-
gate Castle, is gone :o pieces but her stores have
been saved.

As a cartel with Holland has been agreed to, and
will !won be signed, we shall receive back in a very
short time the crew of the &meaty, wrecked on the
Dutch Coast.

The Lady !Wart, Lot.ostrom, from Attica. is
lost nn the Henega.—lt is expeaed the people will
be saved.

A brig cutter privateer, of lfi guns, 18-pounders,
and 150 men, WAS cruising off the Spurn, cn the
20th instant. She previously captured a sloop be-
longing to Aberdeen, laden with porter, and was
repotted to be looking out fur the Hull traders.

Between one and two on Wednesday morning,
the town of Yarmouth was very much a:armed by
the repeated firing of minute guns, which proceed-
ed from L'-ffrirairie frigate, nearly in with the
breakers, and with the loss of her mizen mast ; the
gale continuing, she cut away her main and fore-
masts between ten and eleven that forenoon, and the
general opinion of the nautical men was, that if she
rode ont that tide (low wiser) without striking,
the would take no further damage. Her main an I
foremast were on shore, and a party of the Fifeshire
Militia were on guard am the beach opposite, to
take care of what stores might come on shore. At
I q. )Is. the gale was somewhat .thatctis

A letter from Dublin, dated November A!, says,
" The utility of Mr. FOSTER'S measures is daily de-
veloping itself. He has canted, this day, a notifica-
tion to be made at the Royal Exchange, that, after
the sd of next mooth, the Lords of the Treasury
will, for the public accommodation, draw nit Lon-
don for any sum above ten pounds. Formerly, the
Treasury did nut draw for less than SOOl. and the
bill trade was made such a monopoly of, and
exchange c,iisecittently so high, that all imported
articles wet: becoming most intolerably dear to the
,ns.tatsynaire "

The Danish army consists of about 74,000 men,
and its navy of 27 sail of the line, and 14 or I!,
frigates. The Swedish army consists of about
t 7,000 men, and its navy of 30 sail of the line, and
14 frigates.
We hear that JOHN JULIUS ANOCILST LIN, Esq. of
London, and Geoace Krioss, Esq. American Consul
at the port of Hull, met by appointment on Saturday
last, at Grimsby. It is understood their objet' is to
form some plan for a further immediate improve-
ment of that place.
The Loan Paovosr, Magistrates, and Council,
of Edinburgh, have conferred the freedom of that
city on Dr..l. Gi t.c nem., late Professor of the Hin-
dostan language in the College of Fort William,
Bengal, on account of bis highly distinguished cha-
rafter for eminence and usefulness in his profession,
and for many valuable works published by him,
particularly useful for every person going to the
East Indies.

171.1.:ATRE,

• Dat.xv-tsst.
Mrs. Cowt.tv's Comedy of The Re/4'e Strnta.,,,
WAS last night again brought forward, arid Cs
DN UCAN personated, for the Ara time on the,.
boards, the sprightly heroine, Laitia•ii„,.dy. the
part abounds with varieties, which, to fee) and eke.
cute with effea, require not only great judgment,
but a degree of taste, humour, and versatility
look and ilaion, which rarely fall to the share at
individual. It is, therefore, with infinite pl.,
sure we feel ourselves enabled to give
unequivocal and decided approbation of n
young Lady's last night's performance. 'll,,
scene, in which she assumes the Gawky and the
Hoyden, was truly excellent. The twu eliara&t,
were, iadeed, most happily blended ; for neither"
seemed to predominate over each other: and she.,
Dspersurt, at the end of it, pronounced her a ;.;
and an idiot, he could not but allow, sv•t;;
whole audience, that her folly and idiotism
highly humourous, playful, and whimsical, s •
diverging into caricature : the first v-as
broad, the second was truly natural, anti the ; ••:
tirely divested of the ridiculous. It 'sac a Sr, • .
criminating, well finished piece of .s'ting, a,
crowned, as it richly deserved, with a most ge•
and rapturous applause. The after piece of
mony followed, with, if possible, encreased
FASHIONS FOR DECEMBER.

N a ;rent dress has yat appeared in Loudon, arid we sera
remember to have seen on litt..! variety. We benere ow
elegant(' fin I it i:up.isiible to adopt may style that staid I sa"
more fassinati nt or loveliness Ira their appearance. Maw
satin dresses hats, and turbans, are the moat I:revel:m.l4
are justly admired for their simplicity. The o,k7Ta relies, 4
very I,ght colours, French grey, fawn, pearl colour, it. unsung
With whet 7 fur, are very beautiful. Mantles, of high
satins, arc also much worn. Draperies of every kind are ell
fashionable. A great number of fur coats brought from Er:r:t,
have been made up, with 'Turkish caps, of sable and rent,
match; they are worn by ladies of very high fa ;him,
have a very care sail elegant appearance. Garnet, ruby a .11
mulberry velvet pelises, trimmed with very deep black he,
with hots, flowers, and wreaths, to match. Tre preva.,reg
head-drass at present is the simple muslin turban and es
ano:ads c moot be introdired in the dessi-earnre, les evillest,
have become the fashion for the head, mit, and ne:lc, and ars
very ele;ant. The cmusi: r4er are beautiful shells of Merest
a iris.

P.s R 1 Sfi N FASHIONS.

A Parisian Petite Maitresse, before she puts on her Amiga
her handkerchief, her st.ic;inr, he► gown, and her storey
takes are to put all this part of her toilette, three or fuer dui
befoee, is one of her sultans: ovum:rues in the sultana la r•.y,
sometimes in the sultan s I s mar, or in the sultan es MIN
accixdies to the perfumes she wishes to lsfivas around her. bs
Turkey one sultan has several wives, in France a petite seriqms
has several snftse• ; but this Issiettige, in France, eel, mess
that an elerinte at Psais has several baskets of portent's, is
which she pots her toilette. Formerly straw hots were ed
with satin ribb.Mlllll; at present it is quite the lever*. A
petite isimitresse of bean ten must bare a ;aria bonnet w:th stay
ribbanes.
On of those fashionable presents, which an ell rote roc
with distinction, and wiliM can he tarred without reser,.
as intim= in one of those caskoti, eAlcd Sultans. The lo
of the day preimt almost twilling else to their mi.trenee

d114./.41•.

On Wednesday aftesnoon Thvir Nisat.rtes,v
Duke of Kerr, an i PRiNcesses, honoured th
Countess of text! [Area with a visit at her boast i
Sheet-street, Windsor.
Sir W. and Lady Pirr are on a visit to Their
MAJESTIES.

Yesterday morning His MAJIIIITY, accompanied
by the Dukes of Kati r and Cosmic lout, and Ge•
avral Frrzaur, reviewed the Oxford Blues i 2
Windsor Great Park.
The Princesses Sn►HIA and Aottra took in
airing on horseback by Cumberland Lodge.
Her MAJCiTIr and the other PasNcaa►s tOOk an
airing to Frogmore.
His Royal llighness the Duke of Yoax, and Ow
whole of his Staff, General WIPIYAVD, and Mr.
Gitrauwooo, will leave town to-morrow for Oat-
lands, where they will remain until Monday.
The Duke and Duchess of GLot.,:cstra. acrd
Princess SOP t• of GLOCC Urea, ate returned fruns
Windsor to Grosvenor-street.

Yesterday morning was married at St. Georee't
Church, Hanover-square, by the Hon and it, 1.
Mr. WELLESLY, Mr. Covert:its'. eldest t'" "`
the late Bishop of ExEren, to the lion. La.; H
nIZ ET A LESLIE. daughter el the Gnanens 01
1101'14[A. Lord and Lady LASL Ito and Sir Ltcs.
Pie vs, the bride's father-in-law, were pi went. Im-
mediately after the cererniaay, the new married
couple set off for Juniper Hall, Dorking. Bogert
The Hon. Celonel Pane will. an taw days. lad
to the Hymeneal altar, the Hon. N: i.. Baton , sister
to Lord BA 00T.
Mr. ED,4OIASTONZ. of Great Russell-street.
is a few days, receive the fair hand of Miss
H--
THAx, Of 11100Insbury-NuAre.
The Marquis of Aasscoan will, on Sunday, en-
tertain a large party of Nobility at the Prizay.
The Earl of CLIIIIMONT, yesterday, ratettaiireal
at dinner, Earl BP InCLIt. Mr. CR AV rt:RO. A
large party of fashionables, at his house i.. Eserke-
ley-square.
The Marquis of AtIERCOSII was in town yester-
day. at his house in Crzen-street, giving dare.ftans
for some alterations, preparatory to the receptaon
ad
his family after Christmas.
The Duchess of Butt ON and her sister will lease
Richmond to-mocrow, for her Graces seat, Burk,'
Lodge, New Forest, Hants.
The deer that His Maarstv hunted on Toeiday
showed great sport. At starting he made tot' arid,
Bagshot with great swiftness. and changed his
course back near Swinley, taking to the lent across
the Forest towards Illackwater. where Ise sea'
taken in a piece of water, about three miles this
side of Hartford Bridge, after a chace of above ti-aty
miles. The Royal Sportsmen, were in hill v°l
daring the whole hunt.

LAW.

101:RT OF KING's BENCH, W g4II4,IIISTEN, Nmr.
Sittings Wire Lord ELLEN no aouon.
i Lot° soRTHwicK. MARY STANWAY.
T
is was an anion on the case, to recover a fine
ar4 the admission ofila tenant to :t part of the an-
cient copyhold premix-, of the Min' r of Harrow.
The Defendant had occupied a house and pre-
miss on Harrow Weild Common, formerly known
by Tie name of the Old Nag's Hiad, which had been
a public house, but is now called Harrow Mild
Lodge, and is a private dwelling.
Some few years back, these premises were greatly
improved and extended, so as to take in a small part
of the common, which was included ia the old copy.
hold estate. According to the custom of the ma-
nor, a jury was empannelled to assess a fine to be
paid to the Plaintiff. as Lord of the Manor, and
they found a verdis for 201. only, when tie im-
proved rent was 201. and the Lord of the Manor
was entitled to a tine of double the amount of the

improved rent.
One question, therefore, for the Jury was, whe-
ther that or any other sum was a sufficient fine for
that part of the copyhold premises, on which the
Defendant had encroached, and on which the im-
plored rent bad been assessed ?
A vast deal of evidence was gone into on both
sides, which is un•!eeessary tolay before our readers.
Messrs. GA unlit, Glass, and MARNVIVIT, ori
the part of the Plaintiff, contended, that the value
was 301. per annum, though the fine assessed Was
out 201.
For the Defendant. Messrs. EISICINE and Win-
Lc It argued, that the premises were over valued
at '2Ol.
Several legal objeninns were taken hy Mr.
ERSKISt. which were over-ruled by the Court; and
the last Witnen for the Defendant having admitted,
on his cross-examination, that the premises
in ques-
tion were worth upwards of floi. ; which agreed, in
a great degree, with the evidence t. r the Plaiiitiff,
the jury found a verdia of 401 for the Plaintiff.

PIKE r. LEDVVEI t..
This was an Action on a Bono conditioned fi it the
veinier of St. ck in the three per Cent. consolidated
Annuity Funds, be mace on a certain day.
To this there was a plea of usury.
Mr. Gm's, or he part of .he P►aintiff, who was
the administrator Mrs. hlonteterratt, proved the
exectitior of the Bond.
Mr. ERSKIP C. na the part of the Defendant, en-
deavoured to slew that this was an usttrions tear•
action. The stock to be transtorrrd was 4001.
Annuities, which, at the time. according
to the marker price, were worth 24.01. tor nhich
sum of Itilth or!) had been paid, ar d the transfer
was to b 4 made ia the event of -he death of Mrs.
Alotneferratt's son, which afterwards happened
The learned Counsel, therefore, contended this was
an usurious transaflion, in as much as the Defend
ant had given a smaller sum for what was Anal./
of much greater value, and had entitled himself to
dividends spun a much greater sum than the pur-
chase, from the date of the obligation ; be ob,erved,
if it had been an annuity charge, the case would
have been different, as then it would he only a con-
tingency, and he shnuid be entitled to a much larger
rate, in consequence of the uncerttinty of the tenure.
Lord Et.t.►v soeot GU suggested to Mr. ER►KINE,
star the funds being a fl•tattsssiag pnipertv. Rid a
thing in itself uncertain in value, he was apprehee-
nye the Defendant could not support the plea of
usury, whatever he might that of a catching bar-
sc,tirt, in which opinion Mr. Eassatic haviag coin-
cided, the jury assessed the damage; at ‘.r.01.
movesdov v. iAKEk aid AstrrTllErt.

This was an Aebon brought to recover the sum of
fn. 12s. 11d. for gnus!' sold And deiiv• r‘.4.
It Appearei upon the evidence of Mr. J. F. Nash,
who was A cl.a k in the Et,sort Office, that the Plain-
tiff bad deposited with him A qu.int:ty of canvas at
his house in Thant -astr -et, for the convenience of
sale: these goods were made up in whAt was wined
bolts, containing trout forty to forty three Tat ds
eas.b, and weiel.6 or 27 in number. Ttie f)eferd-

ant, oli. Defer, the elder, came and purchase.: these
goods, which were afterwards sent home.
Upon his cross-ezarnination by Mr. 6 c Now, ho
and, he had known the Plaintiff, who was his half-
brother, upwards of fifteen years ; he did not carry
On any busuress to his knowledge at present, but
was fOrmer!y a clerk to an attorney ; hoatterwards
turned hog•leeder, and porsued that profession for
scoot years, at an extensive concern, which he oc-
cupied at Pentonville ; Ix'. did not know any person
of the name of Weft ; and never heard that the
Plaintiff used the name lit West and Co. in the
equrse of 'susiness; he did not kouw where the
• ,':itiff procured the canvas, but understood he
boogot i .
'lle delivery of the canvas at the Defendant's
warehouse was then prov.:d.
Samuel 6.igweil rowed, that he went with the
Plaintiff to :he Defendant's, who auknowledged the
receipt of the canvas, and the sum he was to pay for
it. On his cro,s-examination, he said, he had
known the Plaintiff for ten years, who had been an
irttrialiPt tog-feeder. and :old one of his hog : for
• tztraurdinary sum of 13i.; tie understood he
WAS Still in that line of heel:less, and never knew or
diearnt of his dealing in canvas, or ktoping lofts
fir that pure, c. Ile did n.it know an) wen Iwo-
sons as West and Co. ; a went by mere accietrio
and lint intentionally to the Defendant's warehouse,
when the latter acknowlee'.::ei the canvas.
Mr. Ga ago's', in aaiin the dcfe::ce, observed
Mr. Rose, a gentleman much interested in this cause,
WAS an cmine,a sail and canvas manufaeurer, re-
siding at Briiip ot, and received a large order from
Messrs. Wes: and Co. for canvas, hut being a little
swore circurnspeet than Cie generality of men in that
uadts he took ca:e to make enquiry, who this Com-
p...y were, and while he sent the goods up
billby
aiso sent a letter by post, enclosing a for
them ; when application was made at the house of
Messrs. West and Co. the doors were shut up,
there was no one to answer, and the only way they
were to know of the existence of such a firm, was
by the name on the door posts; t e Notary was
the next visitor, which, wised these gentlemen
uncovered, they wrote a letter to Mr. Rose, stat-
Sois that the Bill was sent after office hours,
whets their cierks wet e absent ; they expressed them-
selves sorry for the incoeveniei.ce which tee::
Occur, and begged leave to inclose their promissory

• ••
•
note, payable at seven days sight, which they hoped
would answer every purpose; but Mr. Rose, not
liking this proposal, sent positive direaions to thy
wharfinger not to deliver the goods to Messrs.
West and Co. on any account. However, they
were before hand w:th him, for they irnposM
upon t!.e master of the ve,sel before he arrived
at the wharf, and persuaded him to deliver up t:!,
goods to them. His case, therefore, he said, wit •
that the Plaintiff, Mountjoy, was actually one of the
party of West and Compau.y Upon what au-
thority he made this observation, he contended,
was, the evidence of the witnesses who had been,
and the others who would be produced. The fur-
ther defence he relied on was, that, in order to reco-
ver, a joint contraft on the part of the Defendants
must be proved, of which there was no evidence.
He also understood it would be proved, that one
Of the Defendants, Mr. Baker the younger, was
a minor, not vet twenty-one years old, and had
no share whatever in the businYss, except occa-
sionally transafling it for his lather; but he did
not mean to make this the grounds of his defence,
as his clients were honourable men, and above such,
their only objeft being to get and keep possession of
the goods, in order to have it determined by law,
to whcm they fairly belonged.
Lord ELLSN BOROUGH suggelitYcl to Mr. CAR
that it he could bring evidence to prove this latter
part of his statement, there must be an end of the
case.

Mr. Giles Hanwell was then called: he stated,
th it he was brother-in-law to the Defendant, Mr.
Baiter the elder, who was a respeCtable and exten-
sive sail-maker ; he knew his son, the other Deiend-
ant, perfettly well ; he was not of age, nor was he
a partner or sharer in the business in any way what-
nver, except sornetirnes assisting hi, lather, and. he
hover knew of any firm of Baker and Son. The
Plaintiff was accor dingl y tionsuila
CLARKE CoURTIMLY.

1 his was an aeli,,n upon a Bill of Exchange, the
indnrsee against the Draw.r.
Mr. Glass, in stating the Plaintiff's case, said
that the Defendant was an Officer in His Majesty's
Navy, and as he had frequently admitted the Bill,
and promised payment, he shoul I not take up the
ime of the Court, us mAing any ollietvations, hut
proceed to prove the admission and promise ,tfpay-
mem by the Defendant.
Mr. Lyons was then called, who pr-wed these
faas.

He was cross-examined by Mr. Gaitanw. He
stared, that he followed no business ..r present : he
had been a linen-draper at Portsmouth, bot had
retired trom trade, or, more properly speaking, trade
had retired from him. Thi, ras fir •.. notified to the
puhhc, by a wherein again,. him. and Le was male
a bankrupt He knew tile Oetendant very well.
and had many money Lnd bii. trizuaetion, with
him He did not receive the hill in qaestaon ft OM the
Defendant, for the prirline of ge.tirg it liscounred.
He did not recoiled having writtr:ii upon the sub.
jeel to any one. sit id,as might mare been per-
plexed at the tim ; he never wrote or said that he
would get :t disc iu its l .or a large prem:um, or
that he got nn value to it. ile believed h.: might
have correspoaded wit., some one cite about it ; be
knew Aaron, and b..qieved ate did write to him, but
was not quite sure. ..!r Gaitnow then turned
down a letter, and spewed niiu the sib at ire, wh.ch
he acknowledged to be his writing. He then said,
he had not the least &luta hut that he :had written

to Aaron on the subje He received tire bill from
the Defendant in part payment of a debt which he
owed him, consisting of bids paid tor him, .goods,
And money lent. •rnis hill he afterwards gave to
the Plaintiff, who cashed it for him without charg-
ing any disc Junt. He did say, that if he were ex-
amined a; a witness for the Defendant, the Plain
off could not recover ; he said so trt'quentiy ;
and the teasnn was, that at that cane he thought
the Plaintiff was in his debt ; but afterwards, upon
a settlement, there was a balance agatost him.
The level- to Aaron was then iced, which pur-
ported to be a sort of case or statement of the trans-
aftion„ whe.e Lyons says, he may be called as a
witness by his own assignees, or tor Clarke ; and, in
short, appeanng to off..r himself as a witness for or
against any of the parties concerned, saying, that
if he gave a receipt in tuli, in the names of his as-
signees, it might bar Plaintiff's demand, or, if he
should be examined on the poi of the Drfendant,
the Plaintiff weld ;lot succeed.
Mr. G anon.. in his defence, contended, that
Clarke, the Plaintiff, had no right to recover this
debt against Mr. Courtney, as it plainly appeared
he never received arty value for it. He then com-
mented at great length, and much ability, upon
the letter, which was completely contradietory of all
the faas swim to hy the witness Lyons..
Mr. Aaron, a Jew attorney, of Portsmouth,
swore, that he had several communications with
Lyons on the subjeCt cf this bill, who said, he had
several bills of the Defendants, who owed him
nothing; and that be nad various bills from the
Defendant for the purpose of discount; he said, he
had two bills, one which was the one in crestion,
given him by his assignees, upon which he intended
to arrest Mr. Couithcy.
Mr. Palmer, the Plaintiff's attorney, proved, he
had had this bill in his possession upwards of a
year.
Lord Et.r.tesotot; on, in summing up the evi-
dence, observed to the slut y, that the whole of the
faits of Plaintiff's case had been proved by the wit-
ness, Lyons, of whose testimony they were the best
judges. If they did not think this witness deer ring
of credit, the case was stripped of any evidence ;
and, according to the tenor of his letter, offering
himself a willing witness at either side, he did not
well see how they could believe him.
His Lordship was interrupted by one of the Jury-
men, who told him the Jury were perfettly satisfied,
as they did nut beleve one word the witness had
sworn. - - - - _ .

-------
A verdift was, therefore, found for the Defendant.

CO ‘i MON PLEAS.

&Wags al Nisi Prilai drArc .S.r JAUti NIPPISVIIL D.

GOODLIC V. 111../4EIEII.
This wa.. an action fora rti‘ancr, br,ught by the
Plaiutiff. who kept a cook's shop in Blandf,rd-street,
Manchester-square, against the I>rfendant, a tal-
low.chandler ar.d tallow-melter, who lived neat door
to hint. . .

Serjeant Barr, in a very aSle manner, stated the

ease of the Plaintiff, Ai called.- Owen Edwards,'
who iitmrsed, that he lodged in the- 'rinse of the
Plaintiff, between January and April last—aaj ;Apt
be perceived a very disagreeable smelt, twice a
week ; that he was often awoke out of 'his sleep, .by
a rasty smell, which was so had. tit he was obliged
to get up and open the window, which sometimes_
telieve4 him; hut often, when th, what blew from
A particular point, it ol'.ly made it worse, and
obliged him to shut it down again ; that it pro-
duced sickness in the stomach, and retching; and
his wife was atrefted with it, as bad, if not worse,
than himself ; and that when he got up id the morn-
ing, after one of the melting nights, the house w::s
full of smoke or steam, which had a very disagreea-
ble smell, and that altogether the horse was very
unpleasant.
Martin Odber swore he lodged in the house of the
Plaintiff, about six years and a half, and that the
stench was not near s,) bad when he tits% went there,
as it bad been lately. Ile often struck a light in his
loom, when he was a.vt.ke, but could nor het! the
length of his arm !retort him, on act ount of the
steam ; and that he had often spoken to the DJend-
ant about it, who jeered him, and said it was very
whole mine.

Coverdel had been in the, habit of going
to the Plaintiff's house to get his dinner, and had
been rni,re than once obliged to rise from his meal,
and go out on account of the smell. He had seen
other persons do the same, it made them all se
deadly sick, and that the Plaintiff had not now so
many customers as he had when be first frequented
his shop.
Sarah Edwards, servant to the Plaintiff, raid, the
smell was past bearing, twice a-week ; and that
she had often seen her mistress obliged to go into
the fields with her children, for the purpose of takirl
fresh air.

Snore of the people of the neighbourhood were
then called, who proved, that they were grea!ly all-
norca by the Defendant's workshop.
William Kitchen, a butcher, who lived opposite
to the PhintitT said, that before the Plaintiff came
int s the neighbourhood, the landlord 'if the De-
fendant had come about P.) all the neighbours, and
obtained knee from them that the Defendant might
carry on the business of a tallow-chandler, bin that
he should not melt tallow for his own use, or for the
purpose of selling. lie said, he now sold his fat to
the Defendant, he having come to him, and asked
him for it. The Witness then asked him, how he
could have use for his fat, when he had engaged not
to melt it ? to which the Defendant answered,
that be would have his compliment at ally sate, and
might as well have it from him as any one else ; in
consideration of which, he sold him his fat for the
future.

Richard Rayner heard the Defendant say, he had
trade every thing as agreeable as he could.
Serjeant SIIIPIIERD stated the Defendant's case.
.1 'b Hates :vas called, whet deposed, he lived with
the D letidant about seven years ago, and remained
about a year ; he then left him, and returned to him
about four years ago, and remained with him about
the same time. 'the business had not increased ;
when he was there last, he had often got the kitchen
•tuff from the Pl.iintiff for the purpose of melting,
:tai the smell from irwas much worm than from
fat. They melted fat twice a week, but did not
melt kitchen stuff more than once in six weeks.
that

Some other witnesses were called,wiso swore,
the 134:ndant had no increase of business, and that
he toot much more care to oblige his neighbours
than any chandler they knew..
Dove, a bricklayer, made alterations in
t!;e Defendant's premises, for the purpose of allow.
ing his men more room to work ; that he had
done totery thing by the Defendant's diretgions, for
the purpose of preventing the smell from annoying
his neighbours; and that he had had a ...eeting about
a month ago, with three or four chandlers, for the
purpose of striaing out some way of carrying off
the mail, but nothing more could be done.
The (:handlers who had met the last witness at
the Defendant's house were tailed, who swore, every
thing dial could be done was done, for the purpose
of carry tag away the smell, and that the workshop
wawa well fitted up as it possibly could.
Sir J A sits Mansr lELD summed up the evidence
with his 'aqua impattiality and precision.
1 he Jury immediately returned a Verdia for the
Plaintiff, with 501. damages, and 40s. costs.