The British Press; or, Morning Literary Advertiser.
London, England, 1821-10-30 00:00:00

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was not legally liable Tye the damage, the promise
he had given was not sufficient to support an action
of smumpvit. He cited the cases of Tooley o.
Windham, and Manley v. Nott. , He contended
that the Defendant was not liable originally, as
there was • regular Trinity House pilot on board
.the Carolina Matilda.
The Loan CHIEF Justice thought there was
vafficient to sustain the action without inquiring
whether there was orignally a legal ground of claim
ogainst the Caroline Matilda. This was rather a
vase of waiver, by the engagement which the
Defendant had entered into, and which left nothing
but the question of damages to be ascertained,
giving up all right to inquire into the legality of
the original ground.of the claim.
The rest of the Judges concurred in opinion with
the Chief Justice.
Vetelict.for the Plaintiff affirmed.
OLD BAILEY, MONDAY, OCTOBER 29.
William Weston, • silversmith, was indicted for
feloniously causing twelve silver teaspoons to be
stamped with a forged mark, resembling that of
the Goldsmiths' Company, well knowing it to be
such.
John Price, an apprentice to Mr. Upjohn, of
St. John's-square. ordered twelve teaspoons of the
Prisoner, and received them from him, paying
him IL It. 2d. fur the workmanship and duty, and
giving him old silver for the weight. The spoons
Yard been ordered of Mr. Upjohn by Mr. King, •
listen-draper, of St. John-street, and, the witness
delivered them at his shop.
Thomas Mendham, shopman to Mr. King; Miss
E. Wilson, shopwoman to Mr. King; and Mr.
end Mrs. King, proved the receipt of the spoons
from the last witness, and
Mr. King deposed, that thinking them charged
roo high, he sent one to Goldsmiths' Hall by Mend-
ham, and afterwards lie sent six mme by Sarah.
Stmcoe, at the desire of Mr. Barrow, the Deputy.
Wsrden.
Mr. Barrow proved the delivery to him at the
Hall of the seven tea-spoons; and that the Hall
mark upon them, and upon the other five which
were now shewn to him, was not genuine.
George Miles., inspector and marker of silver at
Goldsmiths' Hall, proved the maker's initials,
W. W. on the spoons to be impressions from the
punch regularly entered in the Hall books by the
Prisoner, and used by him for marking articles of
his manufacture since 1810. The lawful stamp of
the Company consists of a leopard's head, • boss
Passant, and a variable letter ; the King's head is;
the Government stamp ; these are produced by one
punch. The punches used are engraved by John
Smith, who is authorised by Government and the
Company. The speoner shewu to witness are
stamped with a forged punch. Witness has no
doubt on the subject. Witness, accompanied by a
police officer, went to the house of the Prisoner on
the 6th of October. They found the Prisoner at
home. They first examined the workshop where
the Prisoiier's sons were at work. They found
there twelve teaspoons nearly fiuished, and also
tour dozen teaspoons,marked with the genuine Hall
mark ; and three pair of sugar-tongs. also bearing
the genuine mask. The stamp mark on the tongs
appeared to have been hammered. The impression
of the stamp might be taken upon atrother piece of
silver by hammering it with • smart. stroke. The
sugar-tongs appeared to have been thus used. An
instrumerit thus prepared would produce a mark
similar to that upon the spoons. The witness being
asked whether the Hall stamp on the twelve un-
finished spoons found on the Prisoner's premises
was genuine or forged—
Mr. ALLEY, supported by Mr. ANDREWS, ob-
jected to the question as evidence in this case; the
forgery of the stamp on those spoons. suppose it to
have been forged, being a distinct offence.
Mr. WALFoRD and Mr. Norroe replied to the
objection, maintaining the admissibility oldie ques-
tion by analogy from the practice its the case. of
Bank forgeries and counterfeit coin.
The COMMON SERJEANT, who presided, over-
enled the objection ; but said that in • case of this
important nature, coming before him alone, he
should feel it his duty, in the event of the Prisoner's
conviction, to take the opinion of the twelve Judges
n the point.
The examination of the witness then proceeded.
The manufacturer's marks on the unfinished spoons
are impressions from the Prisoner's punch. The
Hall marks are forged, and appear not to have
been made by a steel punch bet by • oilveriinstru-
merit prepared as he had before described. The
Prisoner oil being asked for his books denied that
he had any ; but being told that the officer would
be directed to search, he gave up a day-book, in
which was entered the sale of the twelve teaspoons
.to Mr. Upjohn.
The book having been examined, entries were
discovered in the Prisoner's hand-writing of salts of
plate from the 29th May, to the Irt October,
amounting to 914 ounces 3 pennyweights.
Mr. WALFuRD was that proceeding to examine
the witness a. to the quantity of plate appearing by
the Hall bock, to have been stempt at the Hall for
the Prisoner its the same period—
But Mr. ALUM objected to such evidence, on
the ground of its not referring to the precise articles
forming the subject of the present indictment.
The Coate admitted the objection, and the
question was consequernly not allowed to he put.
Cros.-examined by Mr. ALLEY.—Nu silver in-
strumeut liar stamping, prepared as he had de-
scribed, was found on the premises of the Pri-
soner, and the Prisoner had no ieticuation of the
intention to search his premises. Spoons are sent to
the Hall to he stamped in a rough unpolished
state ; and the polishing afterwards ought not to
remove the impression, but it certainly might re-
move the clearness of the edges, and the sharp
ponds of the impression. He never said it was
very difficult to state whether the stamp was cor-
rect or not.
Ke-examined by Mr. WALFORD. He had him-
self tried and obtained an instrument for stamping.
by striking an impression from a regularly stamped
piece of plate. He had done it on silver, and such
an iostrament would not stamp more than five or
six impressions Without wearing out. The impress
stun from a steel punch would not be injured by
polishing. The impression made by a silver pouch
would differ so mach from an impression made by a

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