The British Press; or, Morning Literary Advertiser.
London, England, 1824-08-06 00:00:00

3oxrs r. DAYRELL.

1 • •fr in this The plaintiff
who sought to recover certain sums of money alleged to be due to
him from the defendant, a gentleman resid:ag in Buckingham-
shire _ _

W. Collington, a clerk to the plaintiff, deposed, that in June,
1823, or some time before July. m that year, he received orders
front the defendant to repair a gig, the charge for which was 255.
That money was not yet paid. In July Mr. Darrell came to his
master's shop with the drawing of a Stanhope phaeton, and asked
what the price of building such a carriage would be. Mr. Jones
told hint 120 guineas. Mr. Dayrell said he would have it built,
and the phactun was put in hand t it was built in two months.
Witness recollected Mr. Dayrell being married. Before that time
he came to bin master's about the phaeton, and a landaulet, which
he wanted to hire fur a week or tun, on a job, after it had been
altered. Witness told defendant that the terms tar the landaulet
were twenty guineas fur one month, eighteen guineas for
two months, and so on. The defendant's crest was painted
on the panels of the landaulet. independent of other re.
I pairs done to it for his use. The expence of these repairs, &c. was
about 18 guineas. I)n Sunday thew received a note from Mr. Day-
rell, in which he said he had that day seen a Luidattlet which he
liked better, and which he could have for 81. a month, but he had
no objection to make Mr. Jones a compensation for the expence be
bad been put tn. The two carriages are now m the plaintiff's, and
he has written by his attorney to Mr. Dayrell, to take them away,
which he hen not dune.

Oa his cross-examination by Mr. Sergeant M'tt.rm, the
witness said he believed that the phaeton was finished in two
months. but he could not swear that it was completed in four or
five. The building of it was discontinued by the defendant's dirre-
tions, and afterwards resumed. The witness never heard that the
bargain between the parties was that Mr. Jones should build a
phaeton accenting to the plan in the drawing as a speculation, and
that the defendant was to be at liberty to take it or not when it was
finished. In the item of IS guineas for repairing the lsadaulct,
every thing was included that bad been done to it, new boot, drag-
chain, &c. All the alteration*, excepting the crest, would improve
the carriage.
Stow, Jones's herald painter, proved having painted Mr.
Dayrell'a crest on the landattlet ; but in his cross-csamination be
said he could not swear that Mr. Dayrell gave the order for it.

Mr. Sergeant Wit.cv. fur the defence, admi.ted that the plaih-
tilt had a right to recover the 255.. arid a reasonable compensation
for his trouble in altering the landatilct. Ile denied, however, that
his client had finally determined either to purchase the phaeton or
hire the lantlaulet.

The Jury found a verdict for the defendant as to the price of the
phaeton, and for the plaintiff as to the acd fog alterations in
the laudauks.

Du ett.two.—lt seems that a Captain of brigade of ar-
tillery, belonging to the colonial militia of Antigua,haa re-
cently fought a duel with a private in the same corps, who
had challenged him on account of his having been Presi-
dent of a Court Martial, under the lusitence of which the
private was smarting. In consequence of this the Captain-
General has issued general orders, in which he comments
on the tend, ncy of such conduct to the total subversion of
all discipline, and proposes to the whole of the officers of
the colonial militia to enter into a joint resolution. "That
no officer, under such circumstances es have been de-
mi& (1, shall think himself warranted in going out to fight
a duel, and this recorded opinion and resolution of the
whole shall bear the r,:putation of the individual stain-
less."