The British Press; or, Morning Literary Advertiser.
London, England, 1825-12-05 00:00:00

PLYMOUTH B.4lVlig.

We are sorry to find that the statements circulate.] on
Tuesday respecting the probable resumption of payment by
Sir IV. Eiford and Co.'s Plymouth Bank, nppenr, from the
statement of the Plymmalt Jowl-nal, to be founded on a
mistake. IVe believe they originated in a notice to the
following effect, published, not by the Bank which failed,
but by another house, the naval bank of Harris and Cu. of
the same town, upon which there was a run, but which
was enabled to meet all demands upon it:—
" On the arrival of their supplies from London. they are per.
fectly able to liquidate every dement that can be made upon them,
without selling sia acre of their landed property, which is entirely
unertailed and imencumbeted, and liable for all the engagements
of the Bank, or without even pressing severely on those who are
indebted to them. They feel happy to add, that they have at this
moment a considerable supply in their bank for any present
exigency."
The Plymongt Jonrsal says For the convenience of the
',abbe, the doors of the Naval Bank were kept open some time
after their usual hour on Saturday. and on Monday they were
opened at an hour earlier. Before two o'clock, on the latter day,
• the run on their five pound notes was eshausted. This firm issues
no notes tinder five pout::ta value."
" The third meeting of the Commissioners of the estate of the
Devonport Bank rook place et Elliott's Royal Hotel, on Saturday
porning last. The throng of persona who CAIII2 to prove their
debts occupied the time of the Commissioners the whole of the day,
notwithstanding the number of attorneys and clerks in attendance.
so that the final examination of the bankrupt, Mr. Johns, could
not Like place. On Mondamliey again men, and the day was
spent in like manner ; at thWlose of meeting it was adjourned to
the 19:h inst. when, we understand, Mr. Johns will be quite ready
with hie balance sheet."
The Plrowth ,Antrnal, speaking of the stoppage of Elfonrs
Bank, says, • We sever remember witnessing such a strong ex-
cite:nem of public feeling, and Iris heart must be utterly callous
who could he ineensibl; to the prevalence of so much misery.
From the high character winch the Plymouth Bank had maintained
until the recent bankruptcies in the neighbourhood had in a mea-
sure unhinged the system altogether, the confidence of the commu-
nity was unbounded, arid the calamity is, therefore, peoportioratCy
great. The shock to the labouring and industrious classes in par-
ticular will be long and severely felt, the connection of this esta.
blishrnent with the commercial and trading interests of the port
being of the moat extensive nature. and a great proportion of their
issues being in one pound notes. It is the severest blow that could
be given to the rising prosperity of the town; and the near ap-
preach of winter will render its effects still more lamentable among
the poor. who may be thrown out of employment by the general
regnation which must inevitably follow. A most tremendous run
on the other banks was the immediate consecjhence of this failure,
which continued unabtted during the whole of Saturday, and
part of Monday, when the applicants, finding that every demand
wet promptly discharged, became gradually satisfied of the security
of the remaining establishment,, and a cessation then took place,
though up to this hour much feverish anxiety continues to agitate
the public mind, nod a deep. gloom pervades ail ranks. "stifles
and contradictory reports are in circulation respecting the reaotircest
Which remain to meet the demands upon the insolvent firm, tut
little is yet known that may be relied on. The moo favotirable
accounts reyreeent the deficiency to be upwards of ninety-3re thou.
sand pounds. anti the probable dividend lets than ten shillings in
the peunti. Should the landed nttates of the partners be available.
sumca tour mere will, of course. be r,!,1•.1 to the dividend; but to
tlile ecbject we shall egnin allude. when cerrcrt itifbruation can be
o'itaj Ind. A goanniselon of binkope was granted, against the
above firm on Monday. and ve..tc-Tday morning it was .opened at
Plymouth, "by Mr. 'rink, solicitor, of Devonpnet. There were
three other applicatlots fee the come:salon, and the cheat seal de,
cited by lettn.y."

LAW 4VOLICRS.
•1 t • COUIiT Of CHANCERY. a'
NoTtcr.—in case his Honour the Fier-Chancellor shall 'met,
*do the hearing ot• original causes, to the, cauu of X'opelacil
Stride inclusive, before the serond seal, lie *RI take orikinaLotWes
nest beyond Copeland ts,*ristity uhail ouch seal...-Dated Deena:
ber 3. •
. .
ifiroar Tue. soul!' Eigireln. TRH nins7l7o2 AS-TrOZ.
.Bankrupt Petition to be spoken to, exparte Leyland* v. Hio,Ael
Per Older—Codper v. Thorpe.
Appeal and Supplemental Rill—Load Grantley T. Gartha/4,
Garthwaite v. Lord Grande,.
Appeals. etceptiont, and further directinno—Oar T. Ot?#h
deatosie, Oshahiewone a. Askew, anti Roth rell Arkew.
APperl—Donn v. Watson. • •
isppealt eTceptiona, and further dtrectierne, per order--Attortsty.
General v. Mayer of r. enter, Same v. stone.
BEFORE' THE VICE-CHA4CELLOII YRTU Itol3lllo Ajl
Ii•LE-PN.
To be spoke to—Mason r. ACT
TE
Part heard—llarras e. Lesion, Barber v. Banner, Barber it,
Stock, and Minot v. Festott.
Further directions—Priestley a. Haeloek, and Hartwell- ta
Priestley.

Lau fear T. Vincent
Wiley v. Leant
Oilbank‘ y. Cox
Codtington y.lialfour
Owen v. Flack

Fownes v. Taddy
Same ♦n White

CAC SEs.
Daticoigne v. Lynn
/II u nt myr, v. Bred/11
.Yeo v. eo
Poland; v. Collard
Bann W.BoHi
RO cOVT.
The Ai as'er of the Rolls wilLMt hear eau use., farther directions, ar.d
petit on, by coni4nt, on Saturday next, the loth Instant, at nine in
the morning. Causes and further directions must be stt down on
the preceding day —Dated 'Dec. 3,1825.
CONSENT CAttsEs TO BE HEARD THIS ETENINO AT stw.
Hooker v. Hooker, to be spoke to.
Earl of Darlington v. towling v. Smithson Picknell v. Trickcy
('dringtonl Whaley v. Hodgson Henry v. Prothern
Rsyner v. Earl Sam. 11. Smith v. E. Smith I Whaley V. Chaweer
turd Martin v. Earl R attget v. Messy
Bayonet,. Maim I Spencer I Willis v. Brown

S‘tne V. Smith
Same v. Coon
Same v. Friend,

COURT OF K—IND'S BENCH.
mergoraceese Cy TO BE TRIED BT COMMON JURIES
- - TMIII MORNING AT HALT•PAST NINE.
Snorer v. Tabor , Chadwick v.Running M.Callum v. Tom .
Stewart,. Whittaker Woad v. Wooller linsoo
Dolman v. Orchard Kent v. Curtis Dixon v. Deeeridge
Younger. v. Brookes Melton e. Gomperts Newman v. Berkeley
Bond V. Clark Willis v. Walker Ames V. Browne
EatTy v. Barret tatty v. Isaac Townson v. Green
Fuller v. Wigley Doe,dr.c. v. Robson Iselin r. Fatton
Draleforthr.Clamese Doe, Sc. v. same Doe, &c. v. Johaecn
Chanipney r.Qulyer. Doe, &c. v. Hum Hewett v. Gov/land
house Bailey v. Brandram I Sharp v. Sold
Richards v. Anderton Wright v. Abbott Same v. same
Porter v. Jones Pilcher v.-Mulkey.

COURT OF COll MON Pl
MIDDLESEX CAUSES TO BE TIIIEp THIS
Special Jury—Doe, A. Ware, v.
Hicks v... Clark I Jenkins v. Biddulph,
Firth v. Batman Esq.
Gommtv.Sargeaut Same v. Perry, Esq. I

----
MORNING-AT TIM.
Evas.

Dariq udartbers r
Burton

The Dub equei Court *a the Exchequer
Thurxlcy 'Nat.

ChambiLiii

1.AW7,:NTE1.1.10 NeE. •

.. . ---
COURT. Of CUANCERY, Eamotrietw, •hDuo .. ".
SAItiER v. RAT.
Mr. HEALD said Mr. Shades II was now to inform his Lordshipwhen It would be convenienstior Mr. Scarlet to attend here to argue
this motion for a new tnal. It was necessary that it should be
heard immediately, because if there was to be a new trial that
trial would hare to be at the next Lent Arreisen, and it might be
necessary to have the case go through the House of Lords ptevi.,
etude. Ile understood that Mr, Scarlet had intimated that it
would not suit his convenience to attend till the next Term : but
surely the justice of the cog..was not to be tampered with for the
purpnseof suiting the eonvenience of any Conned.
3lr. SHADWELL Said Ma Inntstaip's courtesy was-almost pro-
verbial towards the gentlemen in the Cettett below. and in this
case hymn hoped that the on e etor.esp.wetald be continued.
The LORD Cntarcett.on sold ne should have grist Mannar, in
seeing his old friend, Mr. Barite, but he meld not' help remark-
ing, that though Me. Seerkett .was the leading Counsel at law on
the former occasion. when the core was last here, Mr. Scarlett did
' not attend : and really it would be too hard on the suitors of dila
Court to have it said that their cause would have to stand over to
suit the convenience of the Court of King's Bench Counikel : there
would, however, be some Christman holidays at the Court of
King's Bench, and if Mr. Scarlet though[ proper to give up one
of them, he (his Lordship) would hear him on any thy,
Mr. HEALD protested against both this Conreamt Ita 0.073r05tl
being called upon tout, at ume when It own tiebermaryfar.thent
to have cessations ea the Court of Late Conned. iliroarotaited
against a sitting here upon n holiday-to aeconimodateothers wha
did not choose to attend upon regular dove of sitting.
Air. SITADWELL said, to put an end to the whole, his clients
would make inquiries so as to enable themselves to state oh what
day tidier Mr. Scarlett, or some other Common Law COltntel,
would-really attend.. r
iiiiiiis •-
Mr. HEALD considered that this would s tlt Mu just
a
thelineof conduct that ought to be adopted:, —.-'nt .. :
,IN 111 cotgit. : • - -
Mr. Baal. said he Ind an application to make itii 41i) brkkrapt•
ey, Whitt war of most vital trhportance; ineartitteli et 'that, if lie
did rot make it to.day, Ms client. woutd-be in the teethe to-night,
though perfectly solvent and in goad credit. Thurnse Was this :
'Wni. Cather had been declared d baokettpt ty tire rommissldnern,
:as Mr. li art conceived ander t• grows Mistake, in not calling for
further evidence than was- before diem. • The present pinball was
the petition of Mrs. Cattier Ithe bankrupt's Rife), led It rayed
' that the co:Ueda/3mi :Might be superseded; et -ttiveniimitisioneye
called upon to review their adjudication. Mr. O. had for.r
cable time been established at Commissiod agent it) boelf4tte
States of North America r his peeler Cell, ankh in lb* meant year
he came to this country with a•view to establish himself io Liver-
pool r he had hod dealingi with Messrs. James and WilliiinTliciem.,
of Liverpool; their -aementn were under distention tfefween the
different parties, but net fen, "sailed whim Mt. C. was here, but
no dina.israction was exprelied,or the,least suppb.sition then elites .
teinc-1 on the part ot :tient.. Jamie sit/1 Millen Brawn that Mr.
C. was not in a situation-amps.-any Winne slue frent-*htto., Mr.
('. then icsbited that abut accoarits were taken;Ote bitartee would
he due to him. In Septettbei Toe Several lettere were written by
Messrs. 1.1, to respectedire istmaint, inteldeitlegoVra. epre,geod and
safe roan to do business Web ;,tt was irtille eadson'ettlared that it
would bees well ftrehli:e. to return to Nottlr Atnegek; tderititirue
his establishment there; he did roam, with the full knowledge exit
spprohation rit. all his conettjnosA bilthertily find the side 82i1C-t
from Liverpool, bhterlifcliers: B..keiniehies ;truck -the prern:
thicket, fdr.O.:bivilig rmaktrowledgewrottspieren of snyieclrstep :
and therefore the mment anctitipti irm, at„op)•an..te,, matey the a.l -
vettisernent In the Cantle, • • ' -,.. ' '
Mr. At °me at) tf *aeon theatmeildtt - • . .
hlr. °LYNX NI • •
eared On the other shit- Ile submittad_that the
Court had never interim ed to 'elej ouch' anAlles.rtisement, except
ttpon theelfidavit Of a bankrapt hidlbef, stating kit-Sortie Meat im-
portant requisite to support the coanniathara tpsr...jraatinjc•- 4n[' es
to the Commissionexi being called upon bareilorhbeiradjudimtlon,
no a th' unheard of. '1 .1 •:ti.`:": t'r• : •
The I is CIOANCELLOR conaidered thitamiewirrmbleh. there
were a g t many peculiarities, requiring very acute diserilincetiot .
It was utterly impossible to have the affidavit.' of Ali. elhlmseif,
he being at this Inman at sea; and though it wllis a-entry stror.g
interference on the part of the Court to stay the advertisement, ye:
his Lordship was of opinion that it was a case in which gotten to
be stayed till Wednesday, giving the parries an bpportuoity of hav-
ing the proceedings wider the commissipn in Court la.tho time,
with leave to its being again spoken to. .
COVENT-GARDEN THEATRE' •-7.:..z.i. .
Mr.. Ilnato moved that the accounts of
..11,r-- Se* Re.
bertson, Receiver of Covent.garden•Theatre, of his d isbursernenta
for rent, tom salaries. Arc. should be kiithakli illoaeid,by the
Court. These disbursements had bees made pennant to. the att.
thority which Mr. Roberts-ti had received,. qedey Ins r.,, ocalLip's
order of May, 1824, to defray the nightly torrent expenses' ef the
Thearre. The accounts in question had been passed by the:l./stater,
but owing to some objection' nrg'd against thent by Mr. Cense,
and to the want of the sanction of Mr. Ilarrir, the 3lieter hill re-
commended the present application to his Lordship. .. • •
The I.OaD CRANCELLOIL said, that it would be ireptanible for
the Court to them any judgment upon the horns of such an scents' rat ;
they must be judged of by the proprietorithennelrea: , The only
question was, whether the Receiver had acted cerif,AmtiblA to the
order of May. lft24 1 That order gave the right of &teeing the
expense' of the theatre to the Proprietont; and it were imsattel.
whether 3lr. Worn did not stand in the relatien. both or_ partner
and lessor, and whether the rent of Proprietor did not cricked: hies
and all the other parties ? If there was any objection to else.Alse-
ter's sanction of these accounts. the motion ought to LAIR Ana by
way of exception to the Master's Report.
Mr. Remit Amid, that there was no objection nassie,to tie
steps taken by tl* Master ; and the only coarse, therefore.l6l4, for
him to more for hie Lordatip's order for the payment 4 tlinsdetedt
included in the Receiver's account. -• a.
The LORD C:Atarcttleaa postponed the furtho htmlituf dt*
Out until Monday.
._

• .• •
COUR': OF Km vramnirietipt.
*T1471930'9 Drc •

xi 1.0
31:1tReser 4Po; clicelrint-ThrprA-grite
LORD Cuisr Jtstide • it Cansiiliii
• •

.i,"7"

s•GeliDeAti.- 1%, it teasilikoefietc.i. .
This Wit-al ecktokfor eianikeretiler.prft lie Pr:4Np "..6,440
&Tone. The *dercederit first, NOT ty; lied 014.464 448
the charge,sas twe
Mr. Se rtettyndi ME WiiiTrtiTihi-ecirdielltn.- Pain!ira caNt.;
anti 111 r. and 3; r:Tlilcater, theletendanei. -
lb The case proval a" paw sElthe idaintit 11/1.11 is imtaimicip
• . :721 ;:sia: bed of.gdw

~.

a~

I~
ti

Ii

1

Wsadbit Awes eltommlw to the defendant, man is a
leasilmin in 64liptkenwelL The plaintiff was a native of
it th•ilikad 17 or 18 became arrant to his brother-
/44in & pseltsbatelsep In thee town. After being about two years
le dalleflaitienifratest into the senrioe eif a butcher for a short
dada lad Ibsa basun Amman to a grocer in the town, with
' trailiallielleaddned.abont four years. He then taint me to ion.
'di& wall samead teas service a a Alt. Home. a grocer, of Calm-
leeasatta Win: of 116 L n. year. In ?sly, 1824, Mr. Homer sold
• Jilt Were to dish defendant, who, eta a short time, *grad with
the plaintiff to rnmain in the situation at the same celery which he
.!tad Arses paid an.ilia. Renner. The plaintif remained in the de-
tesient's minim until the month of May last. a hen they agreed
so pail. at was ellezed, an.'er the folloning circumstances:—The
1010SW4 in ail. thie situations which he bad pretiously held,
mu allowed Tyner with his merle, bat the defendant would
allow only etsii:ll-bear, wi-leit the plaintiffcould not drink, on ac-
count of ha bad quality. Fintliog himself ill. he was obliged to
'Li-continue drinking it, entrenting himself with water, and
. purchasing twins -a• week, out of his own funds, a pint of
beer, which he brought front a neighbouring public.house. This
gave great offence to tbe defendant, who expremed bimseif so
*sante neon the' snbieet, that the plaintiff gave him a month's
settee .o quit his situation. At this time the derendmn owed the
plaintiff alma a year's 'salary. On the 6th of May, the plaintiff
lehig shout to kite the situation in a few days, the defendant
called him into a room, when, to his surprise, the latter charged
'him with hating fobbed the till. This accusation was made in the
mance of the defendant's brother, who is an attorney, and or' a
-11 f. Scott. The plsinti,ffrepelled the charge with indignation, and
an-media/1v pulled out of his pocket all the money he had; the
eh:fa:dam diced upon a sixpence which he said had his mark upon
it, having 03t it, with other marked money, into the till the day
WM. The plaintiff became more indignsrd at this, and said he
Tad hid the slatter:lt in his possession for three days, having taken
it in canine. Ile they: submitted his person to teach. and desired
. that his boxes should be examined. In his nook was found some
• Old money, end a promissory note for 301. The possession of this
alone, he accounted for, by saying that it was the fruits of his eco-
nomical wrings whilst hi his previous situations, and that he had
bad a legacy of 2111. and interest thereon, which he had lent to his
brother-In-hew at Brighton, who repaid him, with interest thereon. '
He then underwent a rigid examination as to how lie had accounted
tor all the money which he said had been in his pomession, which
he did to the best of his ability. The plaintiff then determined to
nquit the situation which he did immediately. He then consulted
cis attorney, wh'o wrote a letter demanding the payment of the
plaintiff's wages. The defendant's attorney emote an answer to
this letter, saying, that if the plaintiff proceeded he would do soat
Piterrii, but that the salon would be defooded. On the 9th of
MillWdit defendant caused • the plaintiff to be apprehended by
at. slice °Roar, anti taken before the Magistrates at Marlin,
toe, upon a charge of felony. The Magistrates imme.
destine& the char. The muted sixpence was not pre-
vail)* evaininatiott. The plaintiff then commenced an action
vanes. The defendant afterwards preferred two several
Imileimmit stamina the plaintiff,bot they had never been brought to
eisl.• Older these circuit-lemma the present action was brought.
It was MISS by the plaintiff's Counsel, that if the defendant, find.
ring himself minalten, had made some apulogy, the plaintiff would
lave ro els; m to conside table datnages ; but tenant If doin,g so, he
had thellardihond to pm a justification on the recent. '1 his was
stated**, be an action et vital importance to the plaintiff, a young
ONO whose way oxieteres depended upon his character. Mr.
hi".tat'ett left it to the Jury to determine whether this story, which
was 'toted to thenprejudire of the plaintiff, was nut trumped up
.tyr di ir itetteident , its order to get rid of the liability to pay the plain.
tiff'a wages.
✓ s Ara'43habman. the plaintiff's brother-in-taw; Mr. Cook, the
ir•mer, of Brighton ; and 'Mr. Horner, were severally called, and
the/ proved that the plaintiff was a young of most correct habits;
WAS remarkable for his economy, which amounted almost to pan-
i ideefet 11114111.141wahrovx saved money out of his wages. In 11122
he had had a legncy of 201. and interest thereon, which he lent to
hie brother-in-law. 'They all spoke of him as a young man of tan.
blemished charaCter.
Reid, the police-officer, proved the apprehension of the plaintiff,
a; theanalsoes of the defendant.
Mr. alailett, the clerk at Marlborough-street (Ace, proved the
dismissnl of the charge preferred by the defendant.
el' 'MT I,lledis a young man lodging in the defendant's hones at
Wee period ht question, proved the words laid in the declaration,
pond added, that the defendant said the plaintiff was a rubber, a
• ' hegsten, and a rascal.
. . his wan the nature of the plaintiff's esse.
Ail
. Jr. Dvgteasr addressed the Jnry, and proposed to show, that
:Ikinetillaation pleaded was well founded ; and if not, ye: that the
ideletedent had acted in good faith, and under a conscientious belief
~igite the plaintiff had robbed him, in which cue• the defendant
would he entitled to a verdict.
.-, Mr. Itheloesd.ea, the defendant's attorney and brother, proved
rePI. 111 the 6th May ho went to the defendant's house; be there
met An Stott. The plaintiff was called into the room, and told
. defendant suspected him of having robbed the till. The
Immediately produced about a pound's worth of silver. A
• Mae fixed upon, which the defendant identified as one
l !Phi lieseld be had marked among other silver to the amount of
, PIN mil pet it in the till on the night before. The defendant pe.
abisely denied the imputation, and said he bad taken the lid. In
.change throe days before for a pot of porter. The defendant said
14M mal4l oat heave, because he had himself marked it the day
before. The plaintiff, however, positively denied the charge, and
sishf he knew nothing about the money. The plaintiff submitted
!Voids box being searched. and there four sovereigns and a half were
.11talid. and a promissory note, which the plaintiff said he had a
flag time:bad in h a pouresion. He said also that he had 401.
alien bespeimad Mr. Homer's service. He wee then required to
ateount for hit tenement. sad the manner In which he had disposal
imfillbsslioollp-mbieb he mid he had had. He accounted far the
seeninsp,f bet mable the satisfaction of the defendant, there being
. smimisfriLl s. whichhe did not account for.
t ..Charlen Scott and Mrs. Anne Knight were cell examined,
filllitlbeW me ebies was Wunder to that aimed" produced.
Mr. SCARLET T, in .reply. ridiculed the attempt made by the de-
fendent to evade the paytnent of the plaintiff's wages., and insisted
apse the improbability that the latter would commit such a theft
.as bad been imputed to him, while be was known to have saved
illgney be, his economical habits, and to have had it within his
00,4 for any purpose he thought proper. He also strongly dwelt
nOon tho eareumstance of the proceedings respecting the marked
*enema not having been concocted into a protecutton until the
plaintlf hid shown a determination to proceed at law for the re-
inivery of his wages.
The LORD C/I/EF JUSTICE. in summing up the evidence to
the Jury, left it Mr theta to consider whether the defendant had
matte out such a case as would justify the course he had pursued
cm this oacasian. The Jury, after a short consideration, found a
dialiet foe the plaintiff—Damages, 1001. Ayala was then taken,
be Grant, in another action between the same patties, fur the
plelntiff's wages, 201. Ills. Bd.

COURT OF COMMON PLEAS, Serruna, Drc.3.

Ntilites= Atosmed Sittings befure the LORD CHIEF JUITICT.
CRIM. CON.

PEOLT.Y U. BURCH.
Mr. CHITTY opened the pleadings. This was an action for
cr:minal conversation, alleged to have taken place between the de.
fazdant and the plaintiff's wife. The defendant pleaded the general
lame.
alt. Sergeant VAIIG/LAN stilted the facts to the Jury. He ob-
' VlVed, that it fell to his lot to open to them the circumstances of
• Ibis case, which he believed would be fouad a mo't disgraceful one
ha the part of the defendant. Thsy had already learned from the
opening of the pleadings,. that this was m action for criminal eon-
vecsatiao srith,the plaintiff's wife. He had peculiar satisfaction in
"lievinx to address himself, on this subject, to tradesmen, who were
• au Alen in the same class of life es the parties concerned, sod than
;sebain none could better appreciate the loss of a virtuous woman's
lerespecially in that rank of life to which they all belonged.
°old; therefore, be the better able to estimate what damages
woo he commensurate with the injury, and to give them and no
mem% Ail these cases differed most materially in the shade and
derma of the offence. according to the citaumstances under which
the{ offence was committed. It would be necessary for them to at-
• ar.icularly to the peculiar facts of this we, in order to see
"elle:her the offence here was not marked by peculiar circumstances
of aggravation. The Brat fact which a plaintiff was bound to prove
1,64, that the adultery had woolly taken place, 8111 a that he be:
tiered he should be able to give such evidence as would put that
=Bast beyond the possibility of doubt. The plaintiff was a per-
mit residing in Holkorn, and carrying on business by the sole of
mineral waters and gincr-beer. He had also tinted up some oyster-
Teem', for the accommodetion of such persons as might wish, at a
sate tenor in the evening, to take a supper of flak, which perhaps
they noel l not conveniently have at their own lodgings. Thedefend-
air. was a man of affluent circumstances t he carried on the busi !Iva of
a jeweller and silversmith, and added to that a share in a livery.
reble yard. He was a man of taste, and he thought he had proved
bioverif no by the seduction of a woman who it was stated was
pawned ni many personal charms, and perhaps too he !nigh t
imagine that he had confirmed his claim to the title of a man of
taste, by apisearing here in Court to-day ; but when he heard what
wild he mated against him, perhaps he might be led to imagine
.Hilt his taste would be shown by withdrawing.
The Loan Curer lorries said the defendant was very 111-
10 veiled to appear in Court upon such an occasion an the present.
(The dr fendant, taking the hint, a short time af.erwards withdrew,
' weilie due lammed Sergeant was tweaking.)
• Mr. Setgeant VAUGHAN, without hayit,g observed the effect of
his Lardettip's observation, proceeded. The crime of the defendant.
•bodiefni 32 it was in the eyes of every honourable man, seemed to
have been a source of !exultation with the defendant. He looked
t upon Lis crone not as a crime, but as a fine adyeature, as a benne
fertrute. and forgetting alike what was due to the opinions of
'llpßiely, aid even to the feelings of di: woman whom he had
.aduce.l to become the partner of his guilt, he hcasted to the
synefd, of the r criminal intercourse—he seemed proud of stand-
ime before the Jury this day in the character of a sedueer,-end Illf
of etting them and the public what be teemed gram ly to imagine
was a day's amusement—aye even at the expense of hieloritne
Ise liked it. The plaintiff lived in Holborn, and the defendant
carried On the ,business of d silversmith and gun-maker, in a
'house *seedy opposite. This circumstance, if it had not induced
tea indium, that afterward' took place between the parties, served
greatly to forward the views of the defendant in obtaining that in-
t.macy which lie had remind only to abuse.' The plaintiff was
im3. of a mineral water manufacturer, and he had taller in love
wets thin lady when they were both under age; in fact, the mgr.
air .414,11 had taken place during their rminprlty.. The lady was
selle ilaeghter of a respectable statuary, and on aeconnt of the re-

spectnbility of her family. the affection that esebsiated het wean the
parties. and the hope that their union would render them happy,
that onion was consented to by their friends while she was yet
tinder age. They were secordinely married at Hendon ; the lady
received the sum of 30111. as ber portion, and the plaintiff wcs
established in that butanes., which he now tarried on. The de.
ferdant, it would appear, had seen her while she was engaged in
misting her hushend in business, and hail no doubt been induced,
by that eircumetance, to endeavour to gain ilie friendship of the
husband, in order that he might the more securely attack the virtue
of the wife. The husband was a man of much simplicity of man-
lier and mind, and the advances of the defendant were vary favour-
ably received. In a short time the defendant had so far succeeded
in his plan, that from visiting the plaintiff as a c ' ustomer he now
visited as a friend, and used to take his supper with the husband
end wife as a private acquaintance. In this state of things', it was
found that as the constant confinement of business but taken some
effect on the health of XI Pedley, it was desirable that she should
have the. aivantage of taking a little fresh air before the bustle of
the evening's business came on. Of this necesetty the defendant
immediately availed himself, and having a gig of his own, he
expressed a whit, as any other friend might have done. to afford
Mrs. Pedley the pleasure of a ride in the evening. The offer was
of course accepted, and the defendant drove her out, the plaintiff
riding on horseback by the side of the chaise. There was nothing
on the part of the plaintiff that would lead them to &peon he had
in the slightest &mire been guilty of improper negligence of his
wire's conduct. There was nothing that was not eonsletent with
the atrletest propriety and decorum; such at least was the cue
while these parties were in the presence of the husband. An op.
portunity now occurred which gave the defendant increased facility
far the performance of his wish. As the plaintif carried on the
business of • shell-fishmonger. it became necessary that he Mould
get up very early in the morning to attend the fish market. But as
people who get up early were of course obliged to go to bed early,
and as the great business of the shop was principally transneted in
the evening, it became necessary that some arrangement should be
made by which the husband and wife might divide the 'shouts of
the day. By this arrangement the plaintiff went to bed about ten
o'clock at night, and the vile took upon herself to conduct the
business to the closing of the shop. The defendant knew of thit
arrangement, and he lamely tnok advantage of it. Ile would come
over in the evening, stay till near ten o'clock, when he would bid
them good night and return home, as if with the intention of re.
tiring to rest. Instead of doing so, however. he would go into his
own house, which was exactly opposite, and from which he bad
• complete view of the plaintiff 'a bed-mum. As soon as he saw
the light introduced there, he knew the plaintiff had retired to rest,
and waiting only till he observed that light extinguished, he would
then return ; and introducing himself Into theTttelour, it appeared
be at last so far saweed& in ingratiating himself into the good
graces of this lady, that he finally =mph: hed his purpose. All
these eircumunnees. known to several other persons, were unknown
only to the plaintiff, until after he had, by accident, (theoremd his
dishonour, when this light was poured in • fiend open him. The
accident to which he alluded was this a-0o one occasion, the
plaintiff went out in the evening to see a faientl,and said he believed
he should be absent for some length of time. iv thanes, that
friend happened not to be at home, and the plaintiff returned Im-
mediately. He then discovered, to his astonishment, that his wife
was absent. She returned some time afterwards, soil her confusion
immediately betrayed her. Her face discovered her mind; her
ronerience reproached her for her guilt, and she trembled before the
husband whom she had dishonoured. He demanded en explana-
tion of her conduct, and not satisfied with that which site offered,
he declared his determination of sending her back to her parents.
Although the circumstances of her guilt were known before, yet no
Information of it was conveyed to the husband until after the disco-
very. Of those circumstances, howeverathere would now be abundant
evidence. The actual deed of adultery of ionise took place in
secret, but though there were no supervisors of the parties con.
duct grossly gaping on, yet evidence would be given sufficiently
strong to show that the criminal act had taken place. That evi.
deuce, disgraceful as it was, seemed to be en agreeable to the de.
fendant, that he appeared to wish to hear it to-day.
31r. Sergeant STANIIE. who conduce& the defendant's ease,
here said to his Learned Brother, " he has gone out of Conn with
your client."
.Me. Sergeant VAUGHAN not replying to that remark, proceeded.
—The defendant had boasted of his illicit intercourse with Mrs.
Pedley, and had uttered that boast in so gross a manner that he
(31r. Sergeant Vaughan) cnuld not think of roaming the walls
of this Court by its repetition. The defendant had more than once
expressed his conviction that he was favoured beyond the husband,
and In saving that, he had employed terms too gross to be mee.
tinned. One expression, however, of the defendant's might be
repeated, as it was the least indecent of any he had uttered on the
subject. .On one occuion, he had gone with her to •a notorious
house in Cnandos-street • and on his return, he met a person whom
he knew, and to whom he made this observation ;—" Ah, Bill !
I shall kill you. if yen tell of me; but I know you won't; for
you know that a slice off's cut loaf is never missed." One act
of adultery was capable of being proved, and the discovery of that
had been as accidental as the discovery afterwards made by the
husband. A servant of another house having been out till a very
lane hour, wished to make some communication to a servant in the
plaintiff's house, and going for that purpose to the door, observed
the glimmering of a candle ; he peeped through the key-hole. and
claw a candle on the floor of the parlour. and he paw something else,
which proved beyond all doubt the guilt of the parties. He ob-
served, in a comer of the parlour, the defendant and Mrs. Pedley
in a situation which need not be described. They had, it ap-
peared, taken the prevention of placing themselves in a corner of
the parlour which could not be (sheered by anybody passing up
or down stairs, for there were lodgers in the house; but guilt
could never hope to escape detection, and careful as they had
been in every other respect. they had forgotten that though ifergas
not possible to see them from the passage, it was not impossible
to see them through the shop. The detendant's conversation bad
always been full of boasting of his crime, as of an achievement :
and he made no 'meta of his boasting to any person but the
plaintiff. On one occasion he came into the hum and asked toe
Mrs. Pedley, and being told that she was in bed, he desired-to
be admitted to her bed-room, observing, that she had much rather
are him than her husband, and he did actually go up to her bed-
room, though it did not appear that any criminal intercourse took
place at that time. Still, however, that circumstance showed how
anxiens the defendant had been to disgrace that man whose friend. j
ship he had sought for the sole purpose of dishonourirg him. Linder
these circumstances, it would be for the Jury to ask thetheelves
to what damages was such a plaintiff entitled? Was there any
imputation on the character of the wife before the defendant be
came acquainted with her? No such thing—she had ;Tarried her
husband purely from affection—he had treated her kindly, and.
till the defendant stepped in to blast their happiness, they were
happy. If there had been any previous disgrace upon the cha-
racter of the wife, or. if the pliintiff had so negligently conducted
himself as to Induce the evil, then undoubtedly the plaintiff could
have no title to compensation; but as neither of these things could
be said, at the wife had been chaste and the husband affeetionate,
and as both might have been happy, but for the crime of the de.
fendant, the. Jury must afford to the plaintiff all that compensatinn
which damages could afford. They were never exercising their
functions more wholesomely than when on such occasion' as these,
acting as the constitutional guardians of public morals, they
taught, by the amount of damages which they gave, this excellent
lessor, that crimes of this kind were net only highly disgraceful,
but equally unprofitable.
%Valiant Chassey, the parish clerk of !Tendon, produced the
certificate of marriage between the plaintiff and Anna Maria
Nicholson. The marriage took place on 110th September, 11119.
Mrs. Nicholson. the lady's mother, was present.
Thomas Steele—l am a boot and shoe maker ; 1 know Mr. and
Mrs. Pedley : I have known them since their marriage ; my ac-
quaintance with them continued till within the last six months ;
when they lived in the Blackfriars-road I visited them frequently,
sometime three times a day, for they were then very near neigh.
boors of mine ; they lived on the best possible terms; I always
considered them a very happy couple.
Cross-examined-1 hey left the Blackfriare-road abont one year
and a half since ; I am a married man ; my wire visited them ;
else in net here ; she is incapacited from attending by illness.
Mrs. Anne Page.-1 am a married woman. I have known the
plaintiff and his wife four year; ; I have seen them frequently ;
they always appeared to live very happily; the husband was very.
'kind and attentive to his wife, and she seemed to return his affix-
Lion ; I thought them very happy ; within the last director tour
months, I have not frequently visited them.
Fross.examined—l nin na_relatinn ufaheirs ; I have never seen
on heard of' the Plaintiff striking his wife ; I have been sit their
house as often as twice a week, but nut foe • long tittle.
By the JUDGE—I do not knew of any seperation having taken
place between Mr anti Mrs. Pedlcy.
John Callaghan—l am clerk to an auctioneer; I lived in the
plaintirs house nearly ono year and three quarters; that time
will have expired next Christina* ; they always teemed sell
happ N
y. .
Cross-examlned—l am cleat to Mr. edby, who is the landlord
of the house—the plaintiff was only a lodger, the shop being part
of their apartments—they had only one room up stairs, it was a
bed-rnam ,
_• I am there on the premises all clay long ; I have seen
the plaintiff a good deal ; I always considered they lived very hap-
pily ; I never saw anything to the contrary ; the pieintiff ones not
keep a gig ; I don't know that he goes very frequently to boxing.
matches ; Mr. Nedby's office is on the first fluor; my opponent.
ties of seeing them were by passing in and out ; there were ladies
who used to visit the family; I have seen Mr. and Mrs. Palley go
nut with their friends on a party ; I know a lately of the name of
Morgan ; she slept at the plaintiff's house one night: they had no
other room than one bed-event except the Little bank parlour; I do
not know whether a bed was made up in the little back parlour that
night, or not.
-George Alexander Twhtive—l live with my father, who is a
cat pet-manufacturer. residing in Holborn nearly opposite the
pinintiff ; I know the plaintiff' and defendant two or three years ;
in Febnsary last I had some difference with my reciter, and went to
live at Mr. Pedley's ; lie interfered, and made up the difference
between my father and me, and I returned to my father's house in
• few days; I have ever since been a frequent visii..cr at his house;
the defendant lives nearly oppmite the plaintiff; lit June or July
last I went Into the plaintiff's house, and saw the defendant put
!Assent round Mrs. Pedley's neck and kiss her, and also put his
band nn an improper place; I soon after saw the defendant and
Mrs. Pedley in a pony-chaise, in Chaneery.lanc. in the evening
the next morning, as I wars passing the defendant's shop, healed
me in. and said to ale. " George, mind you due% tell Pedley what
you saw last night—if you do I'll close both your eyen—you know
• &slice off a cut loaf is never missed.' " I was at the defendant's'
house a short time before, wqgn he showed me s hank.note, and
said, " George. If ou wanfwfinoney, this is a that sand pounds
note." lie also total me that the stock in hir .1. on wits worth two
thousand poundi. I her: also seen the defendant put his hand on