The British Press; or, Morning Literary Advertiser.
London, England, 1822-12-16 00:00:00

IMP

dant to the Cart ofßequests hir the injury aleck lie said tr,
,olstist•:;tierl. lathe p. esi i;t instance, tope I:taint el bad threat•
cried t•J thrash the Defen•lnnt ; and, in ,lifiSettilVti=es be went
intoshis garden to sue if lie would put this threat in eNecutilini.
flbstficrwards retired, and as hr,, son was also retiring, the
• ''srtPlaintilf struck hint with a willow stick sorer.] tiniels serous,
the arm ; and It was this provocation a hich lea to the violence
complained of. After this, lie thought the Plaintiff sus as tin-
iest in bringing this action into Cmirt, as he was in ',minion-
ing the Defendant to the Court of Requests, to pay for the
ni it ry his fowls had done alter the fua Is had been kilted. To
!,t • prove this statement the folios ing witnesses acre called :.
Charles Frost, servant to Mr. Settles, saw the Pinintirs son
stud tiw dug into the pond on the day in question. Mr. Reales's
doe ks were in an upper pond. The dog. was a tierce wire.'
haired terrier. Mr. Stales w.s clearing weeds out of the pond,
and the dig conic towards him, intending to bite him ; but
• Mr. Searles st rock him two or three blows on the head with a
fork. Tat' or liner hours atm-nag-its Mr. Dukes came down
the garden, and said he wished he had been present when
lin best his dog ; tOr if be had, he would bare given him a
good Swabbing. Mr. Scales then sent into his garden, and
raid, '• Here am I, who's to thrash me ?" Ile was accomps•
Stied by bis sou. They then had a plod mans words, and
beaks and his son telt Mr. Dukes's premises. Dukes tben
drew lip a )rising willow tree, and struck !kaki's sun over the
arm three or four times silty grew! force, The Defendant•
then went into his own grounds, and fetched the spud
which lie had been using. As he returned Deer the dam of
tti; pond, Mrs. Dukes set the deg at him. Mr. Scales
struck the ling ogler with the spud, and a pit cc flea off. He
then sinsit Mr. Dukes three or four times with what remained.
Mr. Hamilton lived next door to the Plaintiff aunt Defend.
net. ItertrihDirkes tine:oer' Mr. Seale+. and saw scales and
his son come over. After some words Scales and his son re-
tared, wben Dukes struck 'ming Scales three times. Scales
then hit Mr. Dukes a ith the spud. Knew the dug in ques-
tion ; it was a fierce Russian terrier ' • he had just such a one
shot four %ears Sen. He did not shoot it himself, hut gave a
In have it shot.
Scales. daughter of the Defendant, saw her hro-
ther's arm after this transaction. It was much bruised. She
knew the dug ; it had worried and killed some of her lather's
She saw the Plaintiff shoot 15%e-end-thirty of her
;
tat,a s iinearv.
. • .
--ply, said, that his friend did not deny
dialed to's verdict, but had desired to
:5 to a slight loin. Nov., iu answer to
'ray in aid the pieces of send which had
ibieb, when need by • powerful botcher,
ic li ruaily of the attack; nail ha trusted
ry would teach hint to retrain from simi-
TheJitry would also take care and keep
nett, of the Mimic mono the dog, which
Le the indignation of anti humane man.
having summed up the evidence,
mrdiet fbr the Plaintiff—Damages, tel.;

r

.11L SOH V. ASHLEY.

to recover compensation in damages for
is a widow woman, lodged ins room of
with her six children. On September
mine In demand his neekll rent, which
would giro him in three minutes. He,
mit, but took the door oil the hinges, and
;0111T1 fur four weeks, placing them under
m a blanket to keep out the air, and to
.om iihseri ation. _

witnesses' to prove these facts.
ended in person, and, from his defence,
ens desirous of getting the Plaintiff dad
he.i. oat he took this ewer's of erect._
round of objection to the Plaintiff was,
isi Sc; and to prove this, he called scve•
loti;,•1!J inThe same house, but whose
tevcoce to the act imputed to the De.
ig replied,
.tr seemed ttp the evidesee ; and the
fur lbw Pleinti6—Damages, costs,

'COMMON PLEAS; GtTLI/niu,
Daesessa 14.
•
UR CNCE—VESSEL RECOVERED.
'.191A11.0 V. CLEGG.
dated this to be an action brought for
lel loos wenn a poliey of insaratiee for
Winn Neisoe. on her homeward-hotted
to this country. Orton after hese. rating
bad weather, got stranded, and it the
Aril, there was no hope of uttlinetOy
wt this action was bronght She had, by
Boated again. There wiliold he no clues-
to the tarts of the cr.se ; but .the only
hrllrnr This alteraton of cirennedinees
ion was brought altered the relative si-
at issue, or whether (hi Plaintiff had .a
tiling to the loss and injury he had ins-
sought his legal remedy; 'there was no.
n t a total has when he gave the in -
rut-; the subsequent eircumstineets,be con-
erittion in the nanny of his etatat, which
as resting en the state of things at the
wought. Nothing. hapillaing alter issue
ne taken into consideration. The uvula
the less, sod the abandonment, was thus

Wittiest Nelsen proved the saiiing of the
• on her woysee to Litorntiot last febru-
pd strong mid lout gales until the I ttli
!pt them still in the Text! Reads and
on that day; she went onlher hrniaside,
- the topowest she riehted with two fret
settled in the sands. ille obtained an •

...shore and made an ineffeetuftleff;rt to
MOO the gaud ; they then of out the ballast
^opt %Allot success. After they got every
her position beearne altered, owing to a
-cast, and she kept still settling so the
tg evert effort.
stated, that alter he gave op the
the agent of Mr. Woulcombe, who iteled
, sent two men on board to tale charge
lay. The place in which she was two-
deb the Dutch duet formerly lay. They
t sufficient rise of water to uplift We
in was at last got off by other persona at
;her rimer water.
aair, for the Defendant, contended, that
tit 9riNwrance, this never could be coo,.
,Iptrilos, t all that had occurred was
',liege 'for a time, until the stain
lett wits it mcre matter of time, depradatit
tit*, to be expected at a W
'oe-
*. eel le the interim the ship was
pst4at of the harbour where she could
Vol.. Insurance was an indemnity for
juts) bi,s, add it was an absurdity In
Ilrinstrilienthip should exceed the amoupt
iteedz." 'ffhe question as it stood, was
, was the tirsftlthe ;n which a ship bud
tbcFin'hitd trern brought on the sub-
objection' itigi a 'special ease should be
tatter of ht. There could be no doubt
tie for the amount of the injury done to
Iv net for a total loss, Where the ship was
;loomhe.
miner—l tell yon how I shall put this
n (tether the underwriters must toil
rug atl objeethm to the si,andonment,
110o:comity, and by his taking ,upon
ingentent and chances of recovering the.
deposed, that he went to Holland in the
',Mine the state ands teasel: he found.

, yell, perfectly safe, and about two feell
sn the stand and mud: she was perfectly,
N uninjured. Ile attempted to base thef,
esibles ear!, in May,-nut without, poe-
m-telt to !Otters for the same purrose,,
roast in constAnence of a gam. In the:
de a contract with the Datel: people to
ease of failure), for *boot riot. ( 2 ,FlOn
Orr in the end of Septemhet, and placed
w Deep. She was got off by heaving
tog occasional excavations trirtdigh the
the ship meet red ass in the attempt
~. She is now in a condition to emuc to
'alien he said that be was fourteen days
sperimetit, early in May, to get her off.
r he was again its Holland, and lamed she
of September.
stion from the COURT he said, that from
no dinlbt whitlow that, bOUller ur
be cot off.
said, that a question of law must utti •
.se; for if it were eontended that this
so of the veeer, then ites ould be for the
. scale that retardation was to be esti.
.w near a a. the period when a party welt
e for hip reins:sty. Here he held st clear
matte es cry effort to recover the vessel ;
Piaiutiti lad united all remonablh
vory reasonable excetion ; they waited,'
add May, and the rise ought to be colt-
latter period, end snore particularly as
:de to the Pt:until]. to abide the issue Of
lustier said, that the only question for
er this was a mere retardation of the
; and they most decide it upon a matter
lance. li, at the time this teasel struck,
file prolt•itsuity of getting her off, meta
to proceed fir (tali! has ir. on the
hops: of getting her off Its other and
ten the res.' e,•uld be only lied upon
se Tositge. The Cation at tirst had a
up off, bitt lot afterwards abandoned hu.. ;
,thlir %r id user, emr.loycd at both sides,
the ship ; mud his spit:ion at the ()utast
could b.: gut oft rah safety; and ulti •

nt.ttelv th opinion ems Terilied by Cie fact of her bein: so got
off Li'a tit stab: to pursue her tro, age. I lie I;,ree of Ibe t.%
deuce was Meador% against tho total loss, and eAteithshing
'ooh u retardation of theAone.
the Jitry returnedi'veMet f..r an a% crap lose, ULCre ip-
peating to lave been only a retardul
IMPROPER DRIVING OF A WAGGON.

Sesai.scir, in re'
• that his client was eat
cat down the d
this, he had only to pet
beer pruainerdt and sot
a•illicieutly showed the
the verdict of the Jiirt
tar attack-sin (Ware.
in ilicer mind> the tilt
Seas sufficient to elteitc
V The C rr t er JENTICE
The Jury limed a yr
costs, Stn.
STEN
Thli was an action t
the following outrage
The Plaintiff, who 1
Ow Defendant's house
C 7 the Defendant cal
the Plaintiff said slit
*flowerer, would not
iti that slate left the rt
the neeessity of using
protect thew elves fro
Dw UV called
The Def, ndent title
it appeared flint he wl
Per tainiiy oat of his h
top his ~hject. His gr
that she was very abic
rat old women who !.a
Vsliniory hasi flu let
1131,110.
)I:. Un RNEY ha, ing
lie cutos Jester'
.riiry found a verdict I
41.4.
' COUNT OP t
•
POLICY OF INSU
H El
Mr. Sorteant braes sl
4he recovery of the tot,
4.601. on the stilt. It it
ntogaieCrongliniland t
abe C Isll4lllll le rdil very
trait OlefWall•fil wrrel
naming ber ; hut since
:Kraal Salpriege, been it
• 1,01) he 1.. el eved, as f
quoit.* would tvi, at
fare the present artil
- (nation of the parties r.
irblsu recover &Mori
lamed at the time he
sishibt that his was in
caw% an abandontneul
4
hole Lire action was hr
was joined I odlif now I
pvtuf of the policy, tt
;listen. ;. • . •
Who Captain rdlhe
Illethil•flion the Tozeh
ettry,retiley.esseoti et ered
of March which ke
stranded v
them there in
and roletilting away I
water in the hold, mad:
shots and cables fr.on s
statricatetbe sliity.frOnt
and renewed the attem
thin,' out 01 the ship, Is
_kale from the north-c
%Inds, notwitlist andinG
in hi.t cross-examined
ship without hope, the
fuP the ngiderwriters,
• of the ship where she I
ed *as rot that
ranted nothing hid a
sJ:ip; be knew that she
a Injure time, in a bigl:
.Ir. Serjeent VALGUI
idpo:l the real principle
; ordered in the fight.of'i
a relenting brit
wrifil be pit oft, which
Opnn the arrival' ad'..
%swot period of the 'ye
easnefi.ri abist beelded -lb
sustain no further inju
et.mo!.itrativelosa or. to
{;;:tp,ORO that tl,c indFrt
e. the real infttrfr tricot
rAtremely noref; for it
ise,n get off, ann.' titt
Jeiet, and be hattmo ob
t. am,d to nettle the ens
that iraimerit were liahl
she ship .; bet eerteihlv
ei•de, men by Mr. Wont
The Lear (trite Jo
• alight facts stand
be considered as week
lay 'ending over Mr.
I.;,etKellthe whole inane
• • . stranded ship.
Mr. Wools:0+0re dept
re,:tith Aprtl, toes-4,
Ivirig on the eouthi
and a kaif tintrieirseel in
11111 entire, and apparent Is
t‘
ers4el heavers ttM VOA
0.26 P ; and IR! this rte.!,
bat was obliged to del
July retina Mg, he mad
• • get liar off (no pay in c
rider:4 ; sow Wits got C
the ba,iu of the New
teeth i•ahles, and main • .
send. The onto &ma;
raise by her lighters.
U. his cross-examina
rt , es.cagetl his first eat
curt or (1.
Vas ip.l of in thi• mid
LI alts‘ser G, a quest
1.4.0 g there iv,
later, the *bap would I
Zi I'. 1.1:53,1
Oriels art in this cal
gias a n., ie ro:aril:.tion
I+ (1:•,•ile on Oval
rrt..led ; lo.w far or fins
I. abet mice
1r a; tn.• takaain bad
:ts hr huro, the
alter em.f.ing er
Iro:a titans nu
:• rI as tried at the
1.. • •• ••• Wei 14,11
er . atfettivt.
I' Curr.r
ti Whelhe
Vi.!L •.r total Ins, ;
bt lirst instl
ti. • -nab
to , •., 1,0 a ri;;111
there nits a
r sit the
tic c.,t Ke It ins the slii
hut V,l•iv Mr. Vioult.6l.l
the stale of
w• , that the rimier C