The British Press; or, Morning Literary Advertiser.
London, England, 1825-10-31 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH, SATURDAY, OCT. 29.
Middlesex remnent Sittings. after Trinity Term, before the LOMD
OUR), JUSTICE, and COWING*
TE•RSOR v. WHEELER.
This was an action fora false and deceitful repnventatina, as to
the ralu't of the good-mill and lease of a public-house, purehavtl by
the plaintiff' of the defendant.
Mr. Scaaczyr and Mr. JARDINE conducted the plaintiff's
case ; and Mr. BROUGHAM and Mr. R. V. Rteunatis, the de-
fendant's.

The public-house In question is called the "Two Spies," in
Catherine-street, Strand. In the spring of the present year, the
plaintiff entered into a treaty for the purchase of the good-will, and
the remainder of the defendant's term, about 11 years, in the house,
and he concluded the purchase at the price of lOW. which he was
induced to pay upon a representation made by the defendant, that
during his occupation of the premises, " he drew from four to five
butts of beer per month; that he drew from two to four hundred
pounds per month over the bar; that a neighbour of his had offered
him, some time before, 1001., but that he refused to take less than
1,6001." The plaintiff was admitted into possession in March last.
but he soon discovered that the receipts were far over-rated by the
defendant. Upon inquiry of the brewers and spirit-merchants who
supplied the house with liquors, he found that during the last year
of the defendant's occupation his whole receipts did not amount to
more than 75/. per month, and that the value of the good-will
and lease did not exceed 700/. These facts were proved by several
teltneases.

The defence set up was that the defendant's representation was
true in substance and effect.
Mr. Nice, an auctioneer, proved that he had been employed by a
Mr. Wake to enter into a negotiation with the defendant
for the purchase of the house; and had actually offered him
1.6001. for the lease and good-will. The witness thought that
was the fair value of the house; he thought so still, and would even
now give that sum of money for it.
Mr. Wake corroborated Mr. Nice's evidence, and wns of the
same opinion as to the value of the premises.—Another witness
who had lodged in the house during the defendant's possession,
proved, that in the theatrical season, the house was frequented by
persons who had supper and other refreshments, independently of
beer, and spiritous liquors.
The heap CHIEF JUSTICE summed up the case.
The Jury retired for about half an hour, and found their verdict
for the platntiff.—Damages Two Hundred and Fifty Pounds.

PATTERSON V. TRONA,.
This was an action on the case for running down and destroying
a wherry of the plaintiff's on the river Thames.—Plea, Not Guilty.
Mr. Gurney and Mr. Reader conducted the plaintiff's case, and
Mr. Scariett and Mr. Maule, the defendant's.
The plaintiff was stated w be a poor waterman, and the de.
fendant the owner of a fishing smack, called the Adventure. In
the evening of the 31st December last, about seven o'clock, the
plaintiff's bast was attached to to schooner, called the Diligence,
then lying at anchor in Long Reach, near the Kentish side of the
River. The plaintiff's apprentice was in the boat taking care of
it. It was a moon light night, and whilst in this situation, the de-
fendant's vessel, comilig up the River laden with live fish for
London, ran the boat down, and in the concussion it was com-
pletely divided. The boy, who was thrown into the River, clung to
a rope, and wu taken in safety into the defendant's vessel. Under
there circumstances the action was brought. The question was,
whether the mischief was produced by the negligence of the persons
on board the smack.

Witnesses were examined on both sides upon this Issue, and as is
usual in cases of this nature, they differed widely from each other
io their account of the transaction.

Tlst LORD CHIEF JUSTICE summed up the evidence on both
Bides, and left the Jury to determine whether the accident arose
in consequence of the negligence of the def'
endant's servants.
The Jury found for the plaintiff—Damages, 121.

OLD BAILEY SESSIONS, SATURDAY, OCT. *9.

[Before Mr. Justice PARK and Mr. Baron GARROW, And a Lon.
don Jury.]

William Hear! Austen, aged 35 years, stood indicted for steal.
ing a bank note, value $l., the property of Charles Gardiner, which
had come into his possession by virtue of his office as a letter-sorter
at the General Post•office. There was a second indictment against
the prisoner for stealing a bank note, No. 7,955. value Si., the pro-
perty of Duncomb Pyrke. The prisoner was a man of gentlemanly
appearance. He pleaded Not Guilty.
The prosecution was conducted by the Attorney-General, Mr.
Bonand, and Mr. Sheppard ; the defence by Mr. Broderick. The
Attorney-General stated the case to the Jury.
Charles Gardiner—l am a traveller, In the employment of Mr.
John Pyrke, hop-merchant, of Oxford. On the 7th of July last,
I was at Wimbourne, in Dorsetshire, and remitted from thence to
Mr. Pyrke a letter, containing country bank notes, one of which,
for 51., wee payable at Fry and Chapman's, and bills, and one bank
of England note, No 7.955, for Si., amounting in the whole to
781. Os. 81. I made a memorandum of all the bills and notes.
IWitness here stated the particulars of each.) I took the letter.
sealed, to the Wimbourne post-office, and the box being closed
paid a penny.
Mary Anne Hussey—l am postmistress at Wimbourne, and re-
member the last witness bringing me a thick letter, addressed to
Mr. Pyrke, of Oxford, on the 7th July. The course of the post
from Wimbnurne to Oxford is by Southampton, Bath, &e. It has
happened that letters have gone by London ; and the letter the last
witness gave me was sent by the way of London.
Charles Paddington, a clerk in the General Post Office, stated
that he received the Wimbourne bag safe on the Bth of July. and
opened it and placed its contents on the table about seren o'clock
in the morning. A letter addressed to Oxford would be removed
to the Shrewsbury table in about an hour, and remain there till five
o'clock in the evening. Thera ware many sorters and messengers
in the office.

Mr. Samuel Johnson, one of the Presidents of the Post-office.
described the process of sorting the letters, and removing those to be
sent to the country. In the office where the Wimbourne hag WAS
opened there were twenty divisions, and four ptrsons at each divi-
sion. A letter from Wintbourae to Oxford should pass through
eight or ten different hands. The prisoner had been employed in
the Post-office sixteen years, and up to the present transaction bore
a good character.
The making up and sealing the Oxford bag, on the night of the
Bth of July, was proved by the several persons by whom it wus
performed.
Thomas Fox Bicknell, postmaster of Oxford, proved that on the
mornicg of the 9th July, the London bag arrived safe, with the
seal unbroken.
John Pyrke proved that he is a hop-merchant at Oxford ; Charles
Gardiner is his traveller at Wimbourne. Witness received no letter
from him on thelltb of July.
Thomas Bridges, a letter-sorter in the Post-office, stated that the
Oxford letters came to his division on the Bth of July, and that the
prisoner several times came and looked at the Tetsworth letters-
saying he had friends living there. The Tetsworth box sdjoins the
Oxford box.

Mr. Watts, one of the Presidents of the Post-office, proved, that
on the Bth of July. the prisoner was one of the seven clerks of the
Manchester division, which is next the Shrewsbury division;
the Oxford letters were made up at the Shrewsbury division ; lie
had known the prisoner from his childhood, and his father for
forty years; they were both respectable men ; the prisoner always
bora an excellent character. The witness appeared to be much
affected.

Charln Wallis-4 hare known the prisoner since 1811; 1 met
him in Horton about ten days before the 9th of July ; I had not
seen him for a long tine before I I had the misfoittine to be in-
solvent ; be asked me how 1 sae off; and I said but middling ; he
told me that he had an opportunity, sometimes, of putting a trifle
in my way; he took down my direction, `• No. 3, Berinondsey
New-road ;" I Mw him again on the 9th of July ; he called at my
lodgings, at Bermondsey ; he asked me what I had got to do that
day? I said nothing, and i was at his service ; he said that he
wanted me to get some notes changed for him in the cite. This
was ab,,,,ut ten o'clock in the morning. He gave me three five
pound country notes, and requested me to get them changed at the
bankers where they were payable at in the city, and to meet him
at eleven o'clock on the Smelt wark-bridge. I went to the bank of
Stevenson, Flemington, and Co., Lombard-street, and changed one
note; I changed the other two notes at Fry and Chapman's, and
gave the prisoner the money at the-plane appointed. I walked with