The British Press; or, Morning Literary Advertiser.
London, England, 1824-07-09 00:00:00

COURT OF KING'S BENCH, THURSDAY, JULY 8.

ntingsfbr Loudon of er Triad,/ Term, bribre the LORD Cum,
JuertcE and a CIMIO{OI. Jury.
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atnralas AND ANODDIN V. DAUM( DF. rinntaw.
Ift.W tt stand that this was an action upon a bill of
esshange for 213/ , drawn by the phintiffit, and accepted by
the defendant, Charles de Thierry, commonly caned Haan De
Thlerry.
The necessary formalities were proved, and thge berg DO do.
frau, a verdict was given for the plaintifik, WI% 94 interest.—
Ha.
enterer n.
Mr. CAltEnEtt stated that this WM an action against the defend.
tat for not delivering goods which had been sold to the pinintiff; a
rupee:able wine-merchant in the city. The defendant had been •
saddler in bone-acre, and had afterwards become an importer of
rape wan. Messrs. Long and 4:4lwards, brokers, sold &consider-
able quantity of wire in the name of the detention. to the plaintiff.
The arta... nt denied that he had given authority to Mean. Ling
and Edwards to sell on the terms agreed on with the plaintiff'. The
question to be tried was, whether the brokers hail atifficieet autho-
rity to sell. The plaintiff had intended the wine for the Irish mar-
ket, and calculated that in consequence of the non-delivery he lost
a profit of 31. per pipe.
3I r. Long gave evidence of the defendant having referred him to
I his son as the person who had the entire disposal of the wines.
The son called on witness, and agreed to the sale of the wino to
Mr. Wheeler at 131. per pipe; payment one.half ,ash, and the
ether half at six months, Ile asked whether the brokers would
not guarantee the bill, which they of course declined. After that he
agreed to take the bill. Breams never guarantee. Th. quantity
was tifty.five pipes ail thirty hogsliettla. The contract was enter.
'el in the broker: book, and signed at the time by the baskets ;
that was on the del of April tau. From 21. to 31. the pipe would be
fair prat.
I'rue-examined by Mr. COEsson-Seunraarr.—The erases.
sirs to brokers wan tes. the pipe, 2a. fol. the hogshead. Th." son
had nil on the preceding night that he could not etre an newer
then, as part of the wino was under offer. The contract was not
entered in the book in Mr. Tilly's pounce. The not e% of " bought
and sold" was sent that cresting. Witness did mention the plain-
tiff's name when the terms were agreed upon. Dilemma was men-
tioned. Next morning Mr. 'ldly came and said he would not deli.
ver the wine. He objected to the discount and to the bill. lie said
he would take no bill whatever. It was a flat market then ; it oat.
Muted very fiat after that time.
Mr. f:dwards, partner with former witness, was present when the
oontnnt was made. He stated the terms as given In evidence by the
'wending witness.
Mr. Dempsey, clerk to Mr. Wheeler, managed his business in
Ireland. Ile tasted the wines, and thought he would nett on
an average from pfd. to 171. per.pipe in Leland. Ile could get
nothing so good at the same price. lie thought it a good bar.
grin.
Eron-examined.—Wines were bought then front 14/. to nt.
Mr. Com now-SF:ROE %NT addrened the Jury. The defendant
wr.a hut well acquainted with this sort of business, and lie appeared
Ito he very unfortunate in his brokers. ll'lten the lowest price, se-
cooling to the last witness, was 141., the broker went higgling about
'to heat down 131. les. to 13/. The defence was, that the name of
Whaler had never been mentioned, and that therefore the defend-
ant was not bound to take the bill. It hail been laid down in an.
other use that when a bill was of': -ed. time must be considered to
be allowed for inquiry. Inquiry .as made here, and :he auk did
not satisfy the defendant. There was also the discount anedged to
have been allowed. Was it probable at such a price that discount
would he allowed ? Then why was it not mentioned in the memo.
randum HI terms? The hill was intended to be an approved bill,
and not one front Mr. 'Wheeler alone. When Mr. 1 dig found
that a disanint was required, he immediately gave notice that the
contract was void, and that he would not deliver up the wine.
SD. Hobert Tilley remembered 3lr. Long calling on him, and
saying he had an offer of 131. for the wine, which was a good offer,
as the wine was bad. Witness had no authority from his tither to
conclude a bargain, but said he would mention the offer when his
father came home. Witness subsequently agreed to take 131. per
ripe all round, one half of the account in cash, the other in bills at
six months. There were two or three sanAing pipes, for which 111.
a pipe was offered. There was no discount mentioned, nor was
Mr. Wheeler's name ever alluded tn.
Cross-examined.—His father carries on saddlery business. Thae
was no mention made of bills at four months. His father had im-
ported wine before.
Re-examined--Some of the wine was sold by auction at 10/.
and 191. per pipe.
The Lout Enter JUSTICE Uhl, the question for the Jury
wan. whether they believed the evidence of the broken for the
plaintiff, or that of the son fur the defendant. If they found for the
plaintiff, a prodt of 31. on each pipe, coating 131. was certainly too
much. The plaintiff had suffered no actual has, having never ad-
vaneed any money on the contract. If the defendant gave no au-
to his son to sail th• wins, the senerset ass not bindings'
tHie had authorised the tentract. this. he was liable. .11 they
found far the plaintiff; they would apportion the damages to the
circumstances of the case.
The Jury found for the defendant.
The Court was occupied during the remainder of the day In
hewing Petty Joey oases of no public interest. They were toostly
actions brought for the recovery at' the amount of promissory sails
for twelve pounds and upwards.

,COURT OF COMMON PLEAS, WesrmixsTEß, JrLY 8.

SUtifirs diger Tern.
The CITTTT .111:.T IC E tnuk lns seat on the Ilench this morning
at half-pmt nine but only two MUMS were called on, in one of
which a verdict was taken lur the plaintiff', subject to a seismal ;
and the other was pompom.' till Saturday. The Court sits in Lon-
don to-morrow (this day ).

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COURT OF EXCHEQUER, THURSDAY, JULY 8.

TOINEIIf. SOWER.

This was an action upon a bill of exchange, made payable in
London.
To pane the presentment in London. the clerk of a notary was
called. Ile said he believed that he had presented the bill at
31resrs. Towgoods, the bankers. lie believed this, because he per-
ceived the inttials, tt J. C.," of his eatiolover, Mr. Cummelford,
on the bill, and it was the course of business for Mr. Cummelford
to mark all the bills that had been presented.
lUr. Jinx ES. on behalf of the defendant, objected to this evidence.
In a carbrated case recently decided in the House of Lords, it bad
been declared that the fact of the presentment ot thaw general ac-
ceptances shou'il be distinctly proved. In this great commercial
city it would be highly dangerous to admit such proof of the fact as
that propostd. If hen an immensity of business was transacted in
the office of a notary, nothing could be so harardosts as to admit
the mere signature of the notary as proof of the fact of present-
ment.
The Learned Jttetne was of opinion that it was evident:et° go to
the Jury.
31r. Joe ES, in his address to the Jury, complained of the aims
PIOUS e'ptwse which was incurred by tiling this case in Middlesex,
and bringing a number of witnesses from the wilds of Lancashire,
when it might have been equally well tried in the Palatine Court at
1.1(1,4.75ter.
lilt. etergeant ADMIN. ID reply to Mr. Jones, said, the Learned
I Gentleman knew well enough, it:though, as belonging to the North.
ten Circuit, it would not do for lom to state it, that from the emu-
mons fees of the Palatine Court, it was actually cheaper for an le-
habitant of Lancashire to try a case in Middlcsei, than at the as-
sizes in his own neighbourhood.
The Jury found for the plaintiff: Damages—the amount of the
bill with interest.
'rite question of evidence was reserved.

PR EROUITIVE COUWfr. Togranimr. Ja cry &

?MN-JURORS.
IN THE GOODS OE. MAIO; BANTON..

Dr. firshi N OTOS( said. he had an application of a very snip-1
ler nature to make to the Conn ; the deceased in this rinse was I
Mary Hinton, who died the Atli September last, and the unly per.
1 son entitled to take probate under the will was her brother, Mr.
' Francis Ramon, who, however. singular to relate, has refused to
do so., and also refusal to give any assistance whatever in the rid-
ii,i elst,ation of the deceased's property, which is vcry considerable,
imil would actually devolve to hinisilf. The Learned Counsel read '
:he affidavit of 3 31r. Parlor!. who acted as agent to the deceased,
ly
I.tairli it appeared that the deceased's pruivety consisted of a
mortgage. a small estate, household fotniture, &c.; the mortgage
I had since been paid to Mr. l'arlow„ hut he was placed in a very
' ash wanl situation, on acietint of no penon being yet authorised *Ol
',Alive the money. De has frequehily requested Mr. Francis Ran- ,
too to take out letters of atintinistration ; but on being told that ;
lie moist swrtr to the amount of his Lite sister's propnrty„ lie has
punitively and resolutely r.dus,xl to do on. from mere conscientious
st-rop!rs against takinr an oath ; so that the property was now lying i
tionialllt ; one freclietkl house was shut up, and the money in Mr.i
PATII.W.A hand. was lying at interest without any person being au-
thorised to receive it. The persons indebted to the estate were iu a
similar preilieanient. because three was no pawn empowered to give
them a valid diecharge from their debts. Dr. Lushin;.oon wild, how-
ever unreasonable Mr. Francis RilitOWS scruples riot', still they
were se7uplis of cotirtelenc,.. and therefore bil‘gesl the Court would
;unit probate to Mr. Parlow, as agent of the, deceased.
Sir 3 mix N1(.1101.-1)0(4' no creditor apply Me probate?
Ile. lo sit I V tiTO 74 —All the creditors hate been paid out of Mr.
Fremeis Romon's pocket, yet he will not prove the will; he has
I t.lreatly lost twice as much W. his sister's property was worth.
1 Sir Joust NI C 110 L-11 is rauples then will nut allow him to re-
ceive the money from the hands of any person who swears to the
amount of his sister's estate.
Dr. I.t.animarow said. the question was really one of consider-
, able difficulty, but if Mr. Francis Renton would not take out 'no-
, bate. lOWe person ought to be appointed to take possession of the
estate and efects.
Sir Jetts IN truor. said the Court must do the hest to remelt
all parties. and directed that Mr. Parlow might mate out letters of
ijulanniatration, as the repreocitati‘e of the il ourt.

INSOLVENT DESTOIV COMM Tntrawati lust a

W. Poulton awne up for gnalbeasing, baring been originally
opposed by Mr. Pollock on behalf of a minor of the name of
Muirell" It was allet? against the insolvent that he purchased
Oil condition, that if e goods were not approved they would be
returned.
Mr. Merrell was eternalised at great length, and his books in.
'Teeth& by which it approved, them the goods were entered in the
usual way, and it was evident that SO irterlincation "on sale or
return" wee written at a dlffitrentticoe, and with a different pen and
ink.
Thts TiNUMIPOMOS• 6aaatlsd an *potent for Mr. nt &TIT, the
Insolvent's toeusesi, that slat goods arterJ regularly sold, enircially
as by the book isedf, wpm" that on the:Hot of the tuune month
a .2" bill was htpekt, sada memerandum with promise, that
the roam, 131. sias be retupted, which' promise was never
performed, and the Insolvent Mix/ruled-
The Collar said, it was evident the oppming creditor had con-
cealed the facts of the ground of his complaint Irian his Counsel,
and gbeaVeDoe be gave went tt to show that the transaction
wog al fide descelption. T e was, however, great reason to
believe that the Insolvent had aced taishonestly ; and it was rather
from tie informality of the eridense as sinst him, than from his own
merits, that the Court ordered rile to b. disctune&

WESTMLysTER szessioNs,

TUVHDP.Y, JvLi, 8.

This morning their Poston, commenced at the GuildlialL
DISORDERLY HOUSE.
Elias Do6k, a respectshttireti female, was charged on an
Indictment with keeping a Otenterlr house in Ircteht°cl-Itreet,
Dood-street.
Mr. Anospritra opened the ease for the prosecution. It was
instituted by the officers of Saint George's pansh, Hanover.. ;
square, as the inhabitants found it impossible to reside in the
street.
Mr. Samuel Farley, constable of St. Georges parish, took the
defendant before a Magistrate, on account of the inhabitam+, who
' complained of the salience at No. 10, Woodstock-street.
knows the house to be nothing but a common brothel ; it Is a large
house, with two doors, and has the appearance of a ..heatre or show I
house. The defendant adrobted to him that she was the keeper
of the house.
Crowertacuined by Mr. I.EY for the defendant. The indict-
ment was mewed ptetias it the defendant being brought before
the klegheeet• I erit•LiTmbers a young woman being brought
to the watch-house, e with robbing a man at the house
witness has not anything do with the prosecution, any more than
preferring the indictment.
There were sever 'I other witnesses examined. Their evidence
went principally to oorrobetrate the testimony of its being a diger.
dryly house.
Mr. A LUCY, fa the decree, contended. that though there had
been rows in the street, there was no proof of the house being a dia-
lorderly one.
The Jury, after a few minim' consultation, returned a verdict of
Gmiltv.

roLicE.
—...
GUILDHALL.
T. Abrahams, the man who was charged on Monday with steal-
ing a calf, but who, in consequence of the witnesses not being in
attendance. was discharged, was again apprehended on Wetines-
day, and taken before the Magistrates at Mary-la-bonne, who sent
him back into the city, and be was brought up for examination
vseterdly
William Gllhnore. a batch& at Rattle-bridge, stated that on
Filthy Lot he purchased a calf in Smithfield, which he afterwards
to4rked with tiy letter 0., anti three clips on the off side ; he then
placed it in owe of the paw, but on his return, shortly after, be
mond it was gone.
Ocorge Clark. a 'boygt occasionally employed br the prosecutor,
taw the calf in the pa •
•so of Mc prisoner, and was very much
inclined to stop b tool his stating that he was ordered to
like it to rleet-enar let him go.
The calf has not ' found.
The prisoner, in If ence, said a butcher gave him sixperaceto
take the calf to F ket, where it was put into • are.
lie was filly

leuct*e of the eudbination of ilkse poodle oo diaries of *nod
and swindling.
They were apprehended by Hooke eM Morrill, who bare bola
90111 e time on the alert after them.
John Theeeiter, a )(sung man having the appearance of al
mechanic, was tirst placed at the bar.
Mr. C. Savage, us, Crawford-street, stated, that on Friday even-
ing
last the prisoner came to his shop, and ordered two hats to be
sent to his house in Earl-street, New-road. The hats were sent home
according to his order, and he desired him to call on the following
Monday with some other hats, end said he world give him the.
preference and he might corsider himself as his draper, and mid
he was rang to purchase 3.5 re. weeds of goods, and was then going
into the City to make purchases. The war.ess believing hint to be a
man of property, had no hesitation in leaving his goods with him
and afterwards rent home to him :el. worth of hosiery, but had no;
left the property in the house above an hirer ethers he was informed
the prisoner was ,a swindler. lie immediately went to the
prisoner's house and demanded his pees, el, injuries,' the Ounce
of what he had heard. The pri .nee, on hearing this ran out of
the house and escaped. 'rite witness recovered his exude.
The prisoner was taken int.) custody at the instance of a watch-
maker, named Young, from whom hr attempted to obtain a wat.!s,
in consequence of other charges, in number a ..t twenty, being
expected against the prisoner, he was remanded until Monday.
I. Allen and A. Abrahams were then charged before Ms..
Rawlinvon.
Mrs. Manahan], 2.1, Sloane-street. Chelsea, stated, that in the
month of April last the prisoner Allen came into her shop and
asked for a vial; he sou dressed as a gentleman's servant ; he had
not been in the shop many minutes when Abrahams came in and
said, " Well, shall I have them et that price." Allen replied,
" I wergild:sell them half as cheap 'o anybody sooner than a Jew,"
and tenting round to the witness, said, he had three beautifuljaats ,
to sell belonging to his muter, Mr. Thomson, Sloan-equare, which
the Jew had offered him six sovereigns for, but as they were '• such
I infernal thieves, he would sooner sell then, for less money than
deal with the Jews." Allen then left the shop for a moment, ,
leaving the bundle he held in her charge. Abrahams then came
forward and said, " give four .overeigns for the coats, and I will
give you lSr. to buy them for me." She did so on the return of ,
Allen. who left the shop, but the Jew never returised. The coats
were worth only bs. each.
Mr. • r Isaacs,-Isaacs,-who attended few the prisoners, observed, he
thought what the witness had stated had not amounted to any charge
against the prisoners.
Mr. Reweliesew—Well, if it is not a fraud, how can you an-
swer it under the Hawkers Act ? these men had no license.
Mrs. Sarah Benwell, of No. 23, lityanstone-street, Portman-
sestan4Vvanced, and said that in the month of November last,
the era Abrahams entered her shop in the garb of a gentle.
man a servant, to buy an orange ; he, as in the last case, was fol.
lowed by Allen, who said, t" 1 will give eou all the money for it."
Abrahams answered, " No, you d--d Jew, I will kick you out
of the shop if you follow me." Allen then quitted the shop, when
Abraham's said, " My master has died, and left me his wardrobe;
if you tike to buy any clothes you shall have them cheap." She
answered, " No, my husband is a pace man, and cannot afford to
wear gentlemen's clothes." Abrnhains then left the clothes while
he went somewhere in the neiehbourhood ; he had scarcely quitted
the slier an instant, when Alice came in, and begged her es buy
them absenting. he had a large Family, Lod would give bet Ns.
for bee Muhl& She, on the ream of Abrahams, after some hag.
ling, prevailed upon him to take seven sovereigns for the three
costa. It was all the money she possessed in the world, and had
put it aside to pay her root and taxes. The Jew, Allen, never
returnee:.
Mrs. Martha Slight, of Mill Hillonews, Cavendish-square, was
defrauded is peensely a similar manner, in the month of April
last, of 71. lOs. The three coats were valued at Vo.
Mr. RAWLINSON said this ease came under the Hawkers Act.
Mrs. Elizabeth Sweet, of No. 66, Lisson-grove, stated about six
weeks since the same trick was played off on bee; Allen acting in
that instance as the servant.
Mr. Isaacs here said, as you have now, Sir, received this kind
of evidence, I wish to inform you that bail will be instantly put
in, to answer say charge at the Sessions.
Mr. Item etxsoo— fhere are several other charges, and I will
hue them all.
Mr. Isaacs said, if that wee the course to be pursued he must
submit.
Mrs. Francis Larkman, of the icheat.sheaf, in llolywell.street,
Strand, said she had been defrauded ins similar manner of 71.
Mr. ISAACS—May I ask you, Madam, what was your induce-
ment to bay these clothes ?
Mrs. Larlunan—Why, I thought I should make 10s. by it.
Mr. Isaacs—So much for your own stupidity ; you are sur. I
rounded by Jews, and bad you applied to either 'Mr. Ilan, or
Mr. Saunders, your neighbours, they would have told you the
value of the clothes.
Mrs. Sarah Hare, of Tower-street, Westminster-road, stated she
had been defrauded by the pnsoners in a similar manner, and
Allen had been apprehended, and was held to bail at Lambeth-
street office, to answer at the Sessions her charge ; but Abrahams
was not apprehended.
Mr. Kent, of Crown.street, Finsbury-square • Mrs. Reynolds,
of Turks-road, Chelsea ; Mr. Brittle, of the White Lino public-
house, Leather-lane, and severe' others, were defrauded in pre.
cisely the same way, of similar sums.
Mr. ISAACS asked the Magistrate whether he would receive the
usual bail?
Mr. RAWLINS()); observed he would not then receive bail ; and
he took the opportunity of saying, that had it not been for the pub-
licity gives by the public press to the capture of the priioners, they
would have evaded justice, es all the wit:immeshed said they would
not have come forward, only for the newspapers. The charges in-
volved felony and conspiracy, and he really would take tone to
what
co the body of evidence before him, biked ha decided ces
what course he would puniest. elmlikatly Wha mos es
nature would he produced, thereathe remanduldb• paimasimiC
hi week.