The British Press; or, Morning Literary Advertiser.
London, England, 1824-02-25 00:00:00

COWS? r. HARRIS.

Mr. HEALD, on the part of the leases, seeing the parties in
Court, applied to his lordship to continue his order for suspending
the appointment of a receiver. He only required the suapension
until the loth of March.
Mr. HART :Aid, that the order for appointing a receiver had not
been suspended ; his Lordship had intimated a wish that this case
,should be mentioned to him on this day, unless the lessees should
previously hat e consented to an amicable appointment of a receiver.
The Learned Gentleman was instructed, that, up to the present
moment, his client, Mr. Const, had never received Asia& commu.
niration of that nature from them. If his Lordship would now
consent to suspend the or.ter till the 20th of March, he would, at
the expiration of that time, be asked to suspend it further till the
tkith of August.
Mr. Hs ALD declared that his clients were quite willing to enter
into an amicable arrangement of the affair.
The LORD CHANCE 11.0R—I.Ct the order pass. The Court
cannot be trifled with. I ant anxious to give every assistance and
facility in my power to an amicable arrangement, and to the ay-
pointntent of a receiver by the parties themselves, as I am pretty
well aware what a disagreeable sort of visitor a receiver of the
Court would be in such a place as a theatre. Whenever the parties
wish to make an amicable appointment among themselves, let them
signify it to me, and then the order may be suspended.

COURT OF KING'S BENCH, TIIIIIDAY. Frs. U.

I Sittings in Westminster. before the LORD CHIEF JIJITICK and
Common Jarace.]
ECT3I ENT.

DOE V. DOE.

The plaintiff in this cae—Weis. the ancient, renamed, invisible
champion of claimants of invaded rights. This legal shade hap.
penes, by a rare coincidence, to encounter a substantial, real, ob.
scinate cosseasor of his own tormidabls name of Doe.

Na. SCAMLETT could not conceive any title the defendant
could plead, except the relatioeship with the great legal assertor of
possession.
Mr. lixse LEE replied that Doe was never the wrongful posses-
sor. It was Richard Roe.
This proving to be in reality the merits of the question, John
Doe got the verdict, and his trusty and well•beloved cousin, Wil-
liam Doe, was ousted.

COURT OF COMMON PLEAS. TUESDAY, Fri. 24.
Adjourned Sittings at Alai Prime after Hilary Terra, at Guild-
hall, tin Landon, &lure Arr. Jualwc PARC aid Common Jurkt.]

CARI.ILE AND OTHERS P. DR. RADT.

31r. Sergeant PELL stated the case. It was an action brought
to recover 1141. 1 Is. ed. for goods sold and delivered by a bankrupt,
of the name of Russell, o the defendant; and the present action
was brought on certain negotiable securities, by the assignees of the
'bankrupt's estate. Doctor Lady was a man of very great notasiese ;
his name was upon every wall in the metropolis; all who ran might
read it. " Long life to Doctor Lady !" and he wished he could
add to his patients. He (the Learned Sergeant) had not the honour
01 knowing this modern Esculapius of hapless love; but if he were
present he would have the sanstaction of hntliog his history detailed
in a Court of Law. The Doctor was formerly a linen-draper at St.
Ives, in Huntingdonshire, and the beamed Sergeant believed that
port of the debt now sought to be recovered from him was incurred
for articles of haberdashery, be while he resided at that flan. He
subirequ. nay came to London, where he set up the business of a
quack, and became one of the loudest quacks in the whole country.
Phis illustrious gentleman (continued the Learned Sergeant) wee
not only a lioa(X, but, judging front his declaration, he was also a
lawyer, for he pleaded—lst, that he did not owe the money; 241 y,
the St,eute of Limitations ; and idly, that be had been a bankrupt.
fkese several pleas the Learned Sergeant would call witnesses to
refute. With regard to the plea of bankruptcy, the Doctor had
been a bankrupt twice. The tint rime he did not, as the Learned
Sergeant believed, obtain his certificate; sad, by an Act of Paella-
ment, if a person became bankrupt a second time, and did not
pay Iss. in the pound, his effects were afterwards liable. It was
proper that the Doctor should be made to pay his debts; but
instead of so doing, he had retained his Learned Friends (Sec.
greats Vaughan and Dusanquet) to defend kin In this cause; and
they looked quints; grays on the ocassiw as if they had taken some
of the Doctor's physic. (A laugh.) He (the Learned Sergeant)
should prove what he had stated ; and the Jur, would give him
their verdict.

The commission of bankruptcy against Russell sod others was
put in, dated Nov. It3t2 ; us were various loom sod edam poen
,connected therewitb, and read.
Mr. William Russell, examined by Mr. Pexxocz.—l am the
bankrupt.
In oonsemsenee of au objection made by Mr. SengtisitVanotraw,
this witness was withdrawn.

Peter 11airriirible;;;raa called to prove that the bankrupt
was 0141 of the way three days before tbe commission Unwed.
Croes-examinW by Mr. Sergeant VAI; 11•3 i—I am an account-
ant ; I maw him three days before the commission issued at my
office. I wet hint at the foot of Wulbrook, on Dow ate-hill, in a
hackney- wen* en the day following his departure my office
lon the Ith or foth of November. He said he into the
Borough to keep out of the war.
Mr. W. Unseen recallrd—th. Eady was indebted to me, in the
early part of 1810, for goods sold and deiver&
Air. Justice PAIII—W hy do you call him Doctor ? I cannot
consent to call pastes of such description by ushooourable an ap-
pellation.
Witness resumed—l obtained security in promissory notes. I
settled with hint to pay me by such no:es as should send me,
and he paid rue a vnuill balaiire in cash. He sent me the notes
produced, but I cannot swear they are in his hand writing, as I
never saw him write.

John Riniington proved the hand-writing of Mister Samuel
Philip Lady un the notes produced. The notes were sad, six
number. Lady carried on the business of a linen-draper at St.
Ives when I first dealt with him. I repeatedly applied fur payment
of the notes, but they were not paid. 1 last saw him about two
years since; 1 had previously seen him at his residence, where I
went for payment of the notes. His general answer was that he
could not pay them sow, but by.and.by he should be able to pay
them. The Imt dins I saw him eras at the top of Walbrook.
said, " Now Eady, you must pay those notes, for they tell me you
sreabout to set up your carriage." He said it would be all rightby-
and-by. ; they should be paid by and by.
Cross-examined by 51r. Sergeant Vanialts.w—l understood
when he said he would pay by-and-by, that he would pay when
he bad the ability. 1 have stated all that passed. lir said it would
be all right by-and.by, and they would lie paid, and every body
else. He untied when I said I heard be was going to set up his
carriage.
This was the COW for the plaintifE
Mr. Sergeant VAUQUAY addressed the Jury for the defendant.
This cause had been introduced in a manner that had excited in
him sonic surprise. Ile did not know why his Learned Edited had
gone out of Ina way to detail the birth, parentage, and education
of Samuel Philip Lady, to whom his Leaned Friend had given
a diploma, unless he wisibed to acquire a belle posthumous thaw
by concretinglns name wi,h that of the died character fa;
, whom he (Mr. Sergeant Vaughan) ap as caused. The
Jury would stein see the name of E yon a wall again without
thinking of Mr. Sergeant Pell. It really did appear that his
Learned Friend sought to share the celeb, ity of this geodeman.
" Oh ! while &Wog the stream of time thy name,
Expanded, dies and gg.uhers all its fame,
Say, shall his little bark attendant sail,
Pursue the triumph, and partake the gale ?"
His Learned Friend had entered into the history of Dr. Eady, of
whom he (Mr. Sergeant Vaughan) knew nothing; but from the
knowledge which his Learned Friend had shown of him, he sua.
pec.ed his Learned Friend was a iderpiag partner of the Doctor's,
Mr the purpose of raising II prejudice against hint. The Jury
must be satisfied, that what Dr. Lady was stated to have said to
Mr. Russell, that " it would be all eight by-and-by," took it nut
of the Statute of Limitations, before they could give their verdict
fur the plaintiff. The Learned Sergeant was proceeding to advert
m the Doctors bankruptcy, when
Mr. Justice Pane expressed a strong opinion, that the declare.
Lion of Lady was as acknowledgment of the debt and • promise.
to pay, and that consequently the Statute of Limitations did not
attach.
The Jury immediately gave a verdict for the plaintiffs—Da-
mages, 1601.

OLD BAILEY SESSIONS, FEB. 24.

'had requested a young man, whom he knew, to convey a has ever
the ferry io litrentford, to be sent to London by roach. The hod
was handed by Hogan over the wall of the garden, and it being
too late for the terry, the young man took it over Kew bridge to a
booking-house, whence it was conveyed to the prisoner by coach.
It was addressed "Mr. Robert Sweet, nurseryman, Chelsea." Ho-
gan, the under-gardener, absconded without his wages, when the
eat hstir was made about the mbhery.
The case for the prosecution being closed, the prhoner put in a
written defence, which was read by the other of the Court. lie
stated that be had been between twelve and thirteen years in the
nursery of Mr. Colville, where he was a servant only, and could
have no assignable motive for the offence imputed to him. Ile had
no interest whatever in the stock, and never received the least duo-
, lument from the disposal of any portion of it. He had received a
great many parcels containing plants, without knowing front whence
or from whom they came. lilany hundreds, indeed, had passed
through his hands in that way. They had been sent to him in con-
, sequence of his being known as the author of severs/ botanical
works, and he had disposed of them, as he did of others, for the sole
advantage of his employer. In the course of a long life he had
never had the slightest imputation upon his character, and the
Jury must now believe (if they found him guilty), that he had all
at once forfeited the good name which be had always borne, without
any assignable motive. He should prove in evidence, that the
plants now produced were by no means so rare as Ind been stared;
that thee were to be found in almost every collection, and that he
had, as he had asserted, been in the constant habit of receiving
packages of plants, without letters of advice or any other means of
knowing from whence they crime.
'When the defence was concluded, a Juror called back Smith, the
deputy manager at Kew gardens, and asked him if it was allowed
hie the servants in the gardens to give away.plants to their friends ?
Mr. Smith answered in the negative ; and in reply to further ques-
tions Iran the same gentleman, lie said he knew that Mr. Anon,
the principal manager of Kew gardens, had written some botanical
works, and that Mr. Sweet was the author of several works upon
the same science. Witness believed that Mr. Aiton's works had
been very severely criticised in the Retarded Register. Did not
know positively that Mr. Sweet was the author or editor of that
work. Could not say of his own knowledge that Mr. Sweet had in
one of his works called Mr. Aiton a'• dunce."

Mi. Dunn, clerk to Mr. Colville, the prisoner's employer, de-
posed that the latter was the author of the fietaniarl Rerrioter. It
was the constant practice to have plants sent as a matter of courtesy
to their grounds from all parts of the kingdom, without any letter
of advice. The nursery where the plants in question were found
was always open. Packages were frequently addressed to Ms.
Sweet, as well as to Mr. Colville,
Weary Wiskin, a young man practising for instruction in Mr.
Colville 's grounds. said that the prisoner was well known in the
scientific world (as regarded botany), and that plants were frequently
sent to him for the purposes of experiment.
Mr. William Anderson, botanist in the Apothecaries gardens at
Chelsea, looked at all the plants produced, and said he had seen
three out of the fire in almost every collection. He had often re-
ceived psrcels sent anonymously, containing rare plants. They
were sent by way of puede. The prisouer was considered, he be-
lieved, to be the find practical botanist in Europe, and it was not at
all surprising that things should be sent to him in the same way.
The witness spoke in the highest terms of the moral character of the
prisoner.
Mr. James Ridgeway, the publisher, of Piccadilly, deposed that
he published several botanical works of which the prisoner was the
author. Mr. Alton had been spoken of in these worts. Witness
had often received parcels of plants from various parts of the king.
dour for the prisoner, and had sent them to hint. Had known him
many years and never dealt with a mere honourable man.

UPWards'of forty witnesses were called to character, who all spoke
in the highest (some in almost enthusiastic)ternis of the moral con.
duct of the prisoner.
' 31r. Justice Beer summed up the evidence, and the Jury re-
turned a verdict of N'li Guilty.

POLICE.

HA TTON-OA RDE N.

Monday John Red3o;dl,aoeste-riiXieger---,Elizoleth reales, and
Nary Bailey, girls of the town, were brought 'up in the custody of '
m. Wainwnght, the officer, charged by Robert Canes, of,
Hannes-atreet, St. Luke's, with robbing him of a fifty and a flue
pound Bank of England notes.
The complainant stated, list he met the prisoner Elizabeth
Yeats, about nine o'clock on idateaday night, and accompanied her
Mkt Iffillglep in Whiee-aeamaereet, and remained with her till
bolt-peat ten. The prisoner Bailey came in whilst he was there,
and he treated them to some liquor. He had the two notes safe in
his posket when he entered, but on leaving the house he missed
them, and be was positive that one of the female prisonerl
had robbed him 'nit his suspicions were the strongest against
.Yeatee. Complainant gave information of the robbery to Wain.l
weight the officer, who apprehended the two female prisoners that
oseenffig, and also the male prisoner, on suspicion of having re-
it, as he cohabits with Yeates. The officer searched the psi.
Mows and their apartment, but found no part of the .
Natkffitg appoir against the male prisoner, he wisfriselmeigol,
mid 'tie females were remanded till Saturday.
iselkaA Ol)gr..ahlcit, °L. r CASE or Etter a tes—Yeeterdrl a rilregg•
imbed
able looking man applied tp 'the !Sting Magistrate (Setgast
.._._
-see

administee nothing - bersetnpatity, bang
dependent for her. own subsistence upon the charity of some
neighbours. The unfortunate Gentleman retaining an over-deli-
cacy of feeling, and conceiving that he is in a state of recovay (a
fatal Mistake, common to persons 1n consumption) be cannot be in.
duced to make a publie advertisement of his name and case, and
being • attire of Ireland, and not having obtained a local setde.
mem, he is not entitled to any parochial relief.
Serjrant ficxxow, on hearing the case, expressed his deepest
ampstby ; and several gentlemen present, an hearing the name,
fully combatant' the statement of the landlord, as to the gentle-
man's general respeetabaity. _
The IVorthy largeant obsaved, that be should feel most happy
in lending his assistance to any plan of relief which might- ba
=nested-.
Ur. Mallet, the Chief Clark observed, that as he was we thee
the gentlemen of the press would give the case publicity, a benewo-
lent public would not read it with indifference ; at the same time
he expressed a hope that the same might be suppressed.
Any particulars of this unfortunate Gentleman's situation, with
his Dante and address, which any person anxious to contribute to
his Jebel may amine. can be learned from Read, sea., the
head othcer of the Hanoa-Garden establishment.

ikii;rie;Lifaast;;;;ce7;;Tas;Orpecnliar distress.
He stated that a gentleman and his holly tame to lodge in his
house about five or six months ago, of Abase respectability he had
the fullest sesusair. knew him be be eamtected with the
public and
that penroes, od his healt==7ll6llln, Ina
confirmed sad rapid tousamption. Unite I. poem his literary
occupations, the was destitute of every map of support ;
after having disposed of nearly every article a( fdralture, be now
lay *a • bare rula, with his wretched wifeemetebed ea &pallet, after
& dangerous premature accouchernens. produced by her moose
efiliction. An old domestic still-adhetes to them, though she can
admittistar nothing to their comfort but hersvmpadty, being direly