The British Press; or, Morning Literary Advertiser.
London, England, 1824-09-15 00:00:00

MANSION HOUSE.

-----
Yesterday, Mr. R. Thornton a shipowner acid merchant, resid-
r off at Old Swan-stairs, appeared before the LOUD MAYON, upon an
w.turrnation preferred under a meat Act of Parliament, charging
/inn with haying refused to pay • seamen whom he had employed.
the wages which had become due. The case involved a question of
rather is novel description and a great many persons engaged in 11
'nor:Lime business attended to hear the decision.
_ .

Mr. ROBINSON conducted the prosecution for the complainant,
Edward Burns, who swore, that on the 24th of July last, having
previously been applied to by Captain Moffitt, he went to the count.
mg-house of the defendant, who engaged him to go as cook on
board the Maria, a voyage to Batavia. Captain Moffat spoke of
the defendant as owner, and the latter acted as such. He told wit.
.ness that he vierabl_give him t"e same pay as the other men, which
was twenty-six guildas, or 21. 4i. pet month. Witness agreed and
went on board. The defendant came on board before they sailed,
arid paid him three sovereign% in advance. She took on board a
cargo of chain cables and anchors. and sailed fur Batavia. When
they got out she hoisted Dutch colours to the first shill they met.—
W mess had not seen her hoist Dutch colours before. Witness felt
himself very uncomfortable on board, as all the crew except himself
were Dutchmen: and when they got to Batavia, he requested that
iss might be discharged, which was done with 'he consent of Miss
Thornton, the sister of the defendant. She told hint that her bro..
thee, who wit.. the owner of the vessel, would pay him his wages._
She gave hint a paper, which he understood was a certificate of his
discharge. He could not read. Captain Thatcher, of the Henry,
sho was plasent, took it from him, and It.id never since given it
back to him. He was immediately enrged by Captain Thatcher.
and returned home with him. He was obliged to take the latter
before a Magistrate, in order to obtain arrears of wages from him.
NS lien witness presentinl himself on his return to Mr. Thornton's
calming-fins:se the latter, after be had attended several time pm.
*direly refused' to pay him, and told hint that he might go to bell
and seek redress. -

Tins was the case fur the complainant, and as the ship has not
r.'crned to England, *question arose whether the provisions of the
dirt were applicable, except in eases where the voyage has been
cJinpleted and the ship is actually in port.
The Cityl.aw Authoritits were consulted, and they were of opi-
i,ou that the case did come within the meaning of the Act.
Mr. Thomism, in his defence, denied that lie was liable, BS he
is as not the owner, and had never acted othmwise than as the
agent of the ship. ile denied also that the rase came within
the jurisdiction of his Lordship, as the Act only related to British
veisek, and the ship in question was a Acne ship. He as-
serted that the sailor w:oi perjured when he stated him to have
acted as owner; he never did any such thing. Captain Main
I.;red the seaman, and paid hint the three sovereigns. That th.:
sidor had perjured himself was evident, as he must have known
tkat the ship was foreign, for by the last Registration Art, the
Captain and awo-thirds of the crew of every British ship must be
ltutish.

Captain Moiliit was called, but his testimony was objected
ta by Mr. Robinson, on the ground that he WIIIS en interested wit-
lms; and the LORD Hama held the objection to be d.
Thornton—Captain Moffat, now tell his Lordship whether
al, did rot pay this man the three sovereigns.
Captain Moffat spunk his head, and replied that he did not re-
c.illect such a thing.
The Loan Maven said, when the case came first before him
the ground of defence wail; that the wages were refused b.ecause
the seuman had no certiticate of his discharge. It was not now
attempted to he deticd that his services had been received ; and, to
avail paying him for them, it was alleged that the ease did not
come within the Act. Now, looking at the equity of the case, he
would ask whether this was an honest defence?

Mr. Thomtim—No, it is not ; hut I ant not tha owner of the
Jig, and nave: was. I have nothing to do with it. The
stir had not behaved well ; hut if your l.ardrlup gives it as
your opinion that he ought to be paid, Clown 31A:it will
pay Lim.
Mr. FOIIIN.Om, the Solicitor, said that the sailor had gone to
great costs on obtaining justice, anti he would not consent to ace lit
111. debt without the costs.

Mr. Thornton warmly denied that he was liable to oasts, neither
was he liable at all, tor he never had the ship iu his charge. Nu
agent was liable for the wages of seamen.
Tht, boars MaToe—Sir, I believe that in every point of view,
in law as well as in jwtiee, you are bound to pay this poor man.
If c swears (and he is unamtratlicted by any evidence) that you were
represented to him as the owner, and that you exercised the act. of
an trifler with respect, to him. This I. an Act forrhe Ite:tef ul
itinerate Seamen, which every respectable merchant trust wish w
s-c brought into the moat perfect operation ; and how is a sailor to
know who is the owner unless you, who have been poit t •ti out to
tint by his Captain,. and have so acted, arc to be considered as
arch ? Here a poor seaman on his return front his voyage, on ap-
plying for his weary its the person who engaged hint. is driven
Con) pillar to post ; end unless he can obtain relief under this Acr,
it is a nonentity for all useful purposes. As to his having behaved
id, he is not to be deprived of his wages on a mere allegation of that
kind; but if it were true, it is singular that Captain Thatcher
should be so prompt. in obtaining his services. His Lordship then
adjudged Mr. Thornton to pay the amount of the wages.
11r. rigor:, in addition to the amount tin watt'es, submitted
that Mr. Thurnion was bound to pay the full costs. The Solicitor
wen teniered a bill of costa.

The Cut cr t. E said, it was unusual to allow an Attorney
:oats bltere a Magistrate, or any thins beyond the *willowy fix*
of the oilier.

The right of the euniplainant's Solicitor, under these circum.
stances, to his costs, was considered to be a question of great int.
portance, and it was veferrcd to the City Jaw Authorities, to say
whether they egad be included in the ordtr.

Mr. Thornton vehemently protested against these proceeding*,
and said he should appeal to the Covet of Admiralty.
The LORD MAYOR expressed his determination to issue his
warrant to compel the payment of the wages.
Mr. Thornton repeated, that he was not the owner of the ship,
and said, on the Lord Mayor inquiring who was the owner of the
sliM, that it belonged to Mr. West, of Antwerp.
The Lo MAYORon asked how the poor man was to have known
thin, and how he was to get at such an owner ?
Mr. ROBINSON declared, that he pursued this case from feeling
as well as from professional duty, and that he would see justice done
to the pour man ; he would pursue it to the High CORD of Ad
miralty, and compel Mr. Thornton to pay.
31r. Thornton..—lf he (the sailor) succeeds I will give bhn all
my ships.
Preparations having been made for issuing the warrant, the
parties separated.
GUILDHALL.
Batas two GAS LAS: 1.1.—1 t is not generally known, and it
perhaps may be important to the interests of the grown young
gentlemen who indalge themselves at night in what is termed
larking in the public streets, to inform them, as well as the parents
of the idle boys who amuse themselves with throwing stones at
each other, that by the City of London (las Light and Coke
Company's Act, power is riven to the Magistrate, upon com.
plaint before him of the wilful or wanton breaking of any of
the gas lamps or lanterns, to inflict a penalty of three times
the amount of the damage done, and in default to commit
the offender to the House of Correction for any time not exceed.
Mg three months ; and under this statute a mischievous little
urchin, named William Field, was brought up yesterday before,
the Sitting Magistrate, Mr. Alderman Seholey. He had been seen
in Smithfield, with a parcel of other boys, throwing stones and
oyster shells at each other, and though frequently admonished to
desist, they continued their amusement until an oyster shell, from
the hand of the boy Field, broke a square in one of the gas
lanterns.
Mr. Omens, the superintendent of the Gas Company, said the
loss occasioned by these sort of tricks was very considerable, and he
would almost venture to say there were thirty lamps broken in this
way in Smithfield in the course of a week. The value of the,
square broken was 29t1.; and the Alderman accordingly convicted
die bey in the penalty of :is., being three times the amount.
The mother of the boy readily agreed as to the propriety of his
being punished, but declared her total inability to pay the penalty.
She had s sick husband and three children depending wholly upon
her personal labour.
The Alderman directed her to make her appeal to the superin-
tendent and contractor, and in the sequel, out of comtniseratson to
her family, Mr. Gronous cemented not to press for the. penalty ;
and the boy, who seemed to be in a great fright at being sent to
prison, was admonished and discharged.

BOW-STREET.
Yesterday Mr. Pitt, the Adelphi Auctioneer, who has so often
appeared in Courts of Justice and Police offices, as his own 'vivo.
cate, attended upon a summons to answer to an information under
the Metropolis Paving Act, for having refused, upon proper notice
bring given, to remove a certain railing erected in front of his
house, the same being an obstruction.
Mr. Stately, the surveyor to the Commissioners for the pariah of
St. Martin, appointed under the Act of Parliament, was sworn, and
deposed, that dlr. Pitt was the occupier of a house in Adam-street,
Adelphi, anti that house, until lately, Imd, as other houses in the
same street have, a list railing covering the area, over which foot
passengers walked, as they had a right to do. '.Vithin the last two
months 31r. Pitt had chosen to erect an upright railing, surround.
ing the flat one, and of course shutting out the passage hitherto en-
joyed over the area.
' Mr. Pitt contended that the latter gentleman was not competent
to exhibit the present information, lie not being legally appointed
under the Statute.; or if he were, that he had vitiated that ap-
pointment by acting in violation of the law under which he was
appointed. One section of the Statute enacted that no surveyor ap-
pointed under it, should be a unison, or a dealer in stones, or en.
gaged in any. masonry work, or have any interest in any work of
that description in the parish Mr which he was surveyor under the'
Commissioners. Now he would ask Mr. Stutaly whether he had
not, within the last two years, performed mason's work for Mr.
Winchader, of Buckingham-street, one of the Commissioners of
Pavements, and whether he had not delivered a till, charging 91.
land upwards, for that very work ?
Mr. Stutely objected to answer this question.
Mr. Pitt—But you roust answer it, Sir.
)Ir. Stutely said he should still object to answer the question,
and would throw himself upon the protection of the Magistrate.
The Magistrate said, that if Mr. Stutcly hail offended against the
Statute in the way insinuated by Mr. Pitt, he was liable to heavy
penalties, and an itiforniation might be exhibited against hint ; and
that being the case, he could nu: be called upon to answer the
question.
Mr. Pitt's next ground of defence was, that the erection com-
plained of, so far from beilig an obstruction or inconvenience, was
the very reverse; and in support of this position he called two
witnesses. . .

The case occupied more than two hours in the hearing, during
which sir. Pitt defended his ground inch by inch, and in spire of
the repeated hints of the 31agistrate that other parties were waiting
to be heard.
At length the 31agistrate was obliged to stop further discussion
by deciding the question against Mr. Pitt, who was convicted in
the penalty of Ws.—The 31a4-istmht, in awarding the conviction,
observed, that, by the Act of Parliament, it was sufficient that the
erection complained of should be, 6` in the judgment of the sur-
veyor," an obstruction.
3lr. Pitt said be should certainly appeal, and gave notice
accordingly.
lIATTON-GAIWEN.

THE EFFECTS --------------- frorartr. a decent
ion of &little uu4l Irish personage, resident for the last 16 years in
Jacob's-court, Cow-cross. was brought up in custody of Dennis
Riley, watchman, of the same place, charged by him with having
on Saturday night last kick'd up a tidy/ A hit of is row, in the afore-
said court, to the whiffed annoyance of the gentlemen and ladies
resident therein; singing songs, lie., being mad drunk with the,
crater.

Molly Worater baring limed the charge, instantly fell on her
knees before Dennis, and exclainual--" lied love the Lord! 1
never dill the arm, Dennis, and I'll never do the like again." She
NM of course ordered to stand up and look to the magisterial bench,
which she immediately did, and exelr.imed--- I'll river do the
like, your Maj, sty, niece ; I were a washing on Saturday, and got
a little o' the et atue, could I help its de fear, your Majesty, or that
me nose was broke ?" Thereupon she measured her num with due
ceremony, with her fingers.
She was asked how old she was ? but could not tell whether she
was 30, 40, 'Olt, or 70; but believed she was newest seventy. She
assume! his Majesty she nicer was at an office before, or her mother
before her; and the Magistrate, in consideration of her age, her
promises of amenthuent, and after giving her a word or two of
advice, discharged her; for which she duly thanked him, and as
she went out of the office exclaimed—•• God bless your Majesty !"
ErrEcTs OF Tlt E NEW 3100E.—Georze Musters, who stated
himself to have been coachman to the lata.,Lord Towushend, was
brought up by Ball, one of the Bow. suet" patrol, charged with
haviog rubbed, in conjunction with the moon, a fellow-lodger, of
nineteen shillings in silver and four sovereigns. It appeared in
evidence, that complainant, a servant out ut place, lodged with
two ethers similarly circumstanced. at the Gower Antis, in Gower.
street, Belford square. The defendant slept in a separate bed in
the room with the complainant. On the defendant coining home
lost at neatly twelve o'clock. the complainant was um bed.
when he was mused by the defendant to comply with a very old
superstition. namely, to turn his money in his pocket toward the
New Moon for luck's sake. For luck's wake he did so, and com-
posed himself to rest, antictinaing a happy issue from his conforming
to this ancient usage. Ott awaking, however, this morning, he.
discovered that he had not '• turned a penny " by the business, fur
rovereigns and silver were not only mental out of his pocket, but out
tit the room, and both 111.10:1 and fellow-lodger hod vanished. Ile
immediately gave information to Ball, of the patrol, who took the
defendant into custody aLcam he returned to the public-house, but
discovered nothing on his remelt which could explain satisfactorily
the failure of the experiment, nor that he was at all under the
influence of the moon, as aiding and abetting.
Sergeant SELLOV expressed his regret that the aberration could
not at present be satisfactorily explained ; to give time, however,
for the solution of this phenomenon, he ordered the defendant to be
confined until 'Thursday nest, when the planetary system may
in some degree be comprehended by the rotatory inution of a
• wheel."
51ARLBOIMPOIL.STREET.

_ ...
Bear, residing at No. 3, ‘Vardour.street, Soho. appeared
upon a warrant, to answer the conmlaint of • very finc-looking
young man, a foreigner, who charged him with an as•tault.
The swearing-book; horn% been It:Laded to the complainant, and
the fora% of the oath repeated to hint, before kissing the book. he
carefully examined its contents, to see if they weretueh as accorded
with his view of so solemn an obligation, and, haring read about
a chapter of tit. Luke, he kissed the sacred volume. lie then cam.
inenc.ed, in wry good English, considering the short time he Its,
been in this country, stating his grievance. lie said that his name
is Jean Baptiste Dc Vile, a mime of Milan, in the Itulion tita:es.
and was compelled, for his political tenets, to expatriate himself,
sad take refuge in this country, where he hat been for about four
months ; and fur some time past he hats Leen lodging at the Douse
of this Air. Bear. On Saturday lust he missed a large French and
English Dictionary, which he had purchased front a Frenchman,
who had also loegoil in the house, but hail sincegone savy, from
an.ongst Isis honks ; and, on staking Mr. Bear what had become tit
it, he denied all knowledge of tat bosh, and not only that, but
when he insisted on gating some mown of It, Mr. Bear struck
hint, tine his coat and shirt, and bruisel Yis Mee.
Mr. Bear being called on for his detente, said, that the young
gentleman was of a most irritable disposition, and the Dictionaty
of which he spoke did not belong to him at all, but to a French
Gentlentam oh.) is gone out of town ter a short dine, and left
the book in his (Mr. Bear's) charge until Ms return. Mr. Dc
Ville, oa asking about the book. burst out at once into the most
furious rage, called him a robber, a thief, &c.; and he did cer-
tainly tell him (laying 11;1 hand gently on his shoulder) to quit his
parlour, and go to his own room ; upon wilt:ha scuffle ensued, and
m the eoplifnant's coat, he believed, might be a little torn.
•

Mrs. Bear, a good-tempered reify little woman, e lio had not
beibre interfered, now said, that it was very ungratetul in 31r. De.
Valle to accuse them of a want of hospitality, fur Mt 01001111)&16i4/11
to bin], and considering the circedusumcm which drove him from
his own century, they have, ever since he has been in their house,
supplied hint with breakfast, dinner, tea, and supper. fur Bs. a week.
end he haw owes them fur a niontli, and be alma to leave
them, and take away Ids things without even paying them that
small pittance, and besides, said Mrs. Bear. you know, li,. De
Ville, you celled me " von d--u rubber, ti—db—h."—'
"Oh! no, no. no." exclaimed Ale. 1./e Ville, " Me never k'nw
such a word as ' b—li don't known what it means; and as
for dinner, breakfast, and all dat, nit not skle to rat cry thing all

do time ; mobs sick, and mould not eat; and. Mrs. Bear, you no
forget dat piece roast beef—tie sinell--de terrible oduour." •• Oh,
yes!" said Mrs. Bear, good huntouredly, "1 do remember it. It
was during the very hot weather, w)len it was impossible to keep
meat even a day, arid a piece of roaial beef was discovered, when
brought to table, to be turned, but instantly sent away."
It was finally arranged, after a great deal more discussion, that
the complainant should quit 31r. Bear's house as soon as he re.
calved his next weekly allowance, and paid Mr. lieu's demand;
and in the mean time Mr. Bear must enter into his own recognisance
to keep the peace, and 111r..1.te Ville must also be bound over not
to meddle with Mr. Bear " and not to meddle with me, either,"
to Claimed Mrs. Bear. "Oh, Ino touch you," said Mr. Le Ville,
but 1 must have satisfaction for tie insult I receive, olsomebody."
The partici were then bound over.
DIARY-LA-BONNE.

......
slTesEarous APFAI ie.—lnformation has been lodged et this
[office by the Parochial Officers of Mary-la-bonne, stating that a
woman named kalenßoanor, alias Mad Nell, had been brought
into the Mary-la-bonne Infirmary, with a severe fracture on the
back of her head, and in a very dreadful state, being covered with
bruises. _ _ _

The persons who had brought her into the Infirmary stated, that
they found her on that morning (Sunday), about six o'clock,
stretched on her back, on the pavement of one of the Crescents iu
the Regent's Park, unable to move, and surrounded with congealed
blood. her clothes being completely saturated; she mewl (but
faintly) with pain, and they bought her to the Infirmary. On hie
wounds being dressed, and being somewhat composed, she said,
' that on the previous evening she Will wandering an the Regent's
Park, when a watchman named Quinlan, desired her to move off;
she had sonic altercation with him, and he raised a bludgeon and
I struck her the blow which fractured her skull, and then left her.
She had lain six hours when the people came up.
The 3lagistrates consequently despatched Henry Stowell with a
warrawt against Quinlan, who attended, and declared he had not
seen that wonrin on the evening at all; and where the men found
her was not on his beat, but a considerable distance front it.
Some of the witnesses said it was probable she might have fallen
down, us she was rambling among the new buildings, which was
her continual habit. . .

..... —...--.
The 3lagistratet Garrwrota) observed that there was at
present no evidence against Quinlan ; but as the Parish Officers
wished inquiries to be made, they could bring the CUE forward
again on Petting other witnesses.
WORSHIP-STREET.
Tree SILK Ts *wt.—Yesterday a person of the name of Irilks.
a journeyman silk-weaver, was brought before 31r. Twyfurd, upon
the following charge :
It appeared that a Mr. Coal, a respectable manufacturer In
Union-street, Spitaltields, had, on the fr.hl of July last, employed
the deendant to weave one piece of gees de Naples silk, and that
he had, from time to time, advanced him on account, the sum of
five pounds fifteen shillings, and that he was unable to get the
property back in a proper manufactured state.
The defence set up was, that the materials were bad, and that it
was impossible he coulproceed with the work.
To this it was answered by another journeyman weaver, who had
gut his work out 11 days after the defendant, that he had received
from the same employer some of the same materials, and had some
days since returned 120 yards of manufactured cloth ; the
materials were not of the description stated by the defendant.
Mr. Twrr °taw observed, that in order to afford mutual pro.
tection to both parties, and as the case was clearly made out, ho
would commit the defendant for one month to the House of
Correction. _ _