The British Press; or, Morning Literary Advertiser.
London, England, 1824-07-19 00:00:00

rt tnsos V.m'onwet.tx

Thia was a qui lout art on the at:mat-12 Ann., N. e.
to rceoccr Knaltita pram an uattriour contract Inc the loan or

Mr. sr.% n TT and Mr. I.Er conducted the plaintitra case;
and ilr. Dr • •: AN and Mr. )11'N the dercntinnt'..

Thi; case fer the plaintiff' was. that • Mr. Joseph flottertll. a
!milder. bring in want of a sum ut :kW to enable hint to pay to Mr.
lit four. his landlord, a premium for the renewal of the 'raw of
his house, applied, in March Inn, to the defendant, a publican,
to 3441.001111.11111te hint. The defendant agreed to lend hint the
money noon his bill at • year's date, prnvidril he gave lint 411/.14
the lute of the money. To this propustition the plat:lntl' acceded,
give the defendant his bill for Ult. and the defendant gave him a
check loton his Inoler (itt 14 F which was paid. 3lr. Dotterel'
afterwanls paid the bill he had given the defendant. 'I hi. case Wit*
prott.l by :11r. and .Ira. Dotterel', Du FOOT, and several
other witnesses.

I In the part of the strfentlam it 14114 Clllltendt4l, that inasmuch as
the money al. actit.itiv paid an 1.4411101. th g t the corrupt eon_
tract as itta,le in Matitilesa.s, the action ought to have bAxti brought
t•I I oulthin.

The 1.41 le 11 CHIVE .It 4TI.E said he RhOtt Id not decide this
pant at Nett I'llll4, but re,er.e it for the whole ',tart.

The ileteuLe tilei; suggested WA,, that there %AS 3 running ac

DUNCAN V. THWAITCII MID °THEW,.
This 112,1 an action against This Moroi*, Ilenthi, for a libel
upon the plait:tiff, contained in a repast of what took place at Bow.
street Police-office. upon a complaint against the plaintiff foe an
assault upon a young female, named Chandler. The declaration
contained thirty-four counts. The defendant pleaded specially,
that the matter ONOrigtheti of was a true, correct, and faithful it.
mit port of what took eon the ecrssion in question. To this OW
plaintiff demo that the defendant by Ins plea hail not shown
what really took p eat Dow-aureet Police-offiewon the said nos-
sion. The demurrer now came on fur argument. lilt. Pattetna
was pan heats. but
The Conn* thought the ease of so much general imeortane*,
that it ought to be argued before the full Court, and therefore it
was postponed until the sittings in October.
1111111.11A11 CURT!! AND OTHERS 9.. THE HUNDRED OF
CODLF:T.
This was an action against the inhahi•ants of the hundred of
Findley, in Surrey, to recover two hundred pounds as a partial corn-
penFation in damages, for the wilful, malicious, and felnld.uts de"
tructiun by lire, by some person or persona unknown, of a qnant ity of
young trees. planted on Bagshot Heath, the property of the plain-
tiff; in the character of triton e. At the trial before the Loud Chief
Baron, at the last Assizes for Surrey, the Jury found their verdict
for the defendant, on the ground that there was no satisfactory evil.
dente that the tire had been °mllioned wilfully, maliciously, and
feloniously, by any person or persons unknown. It was objected
for the defendants at the trial, that at all events this action should
have been brought on the Statute 6 Gen. I. e. lA, against the pa.
fish, and not upon the Black Aet, 9 Geo. I. c. Se, against the
hundred, inasmuch as the plantation in question was not a plan-
tation within the meaning of the linter Statute, which ap-
plied " to trees planted or growing in avenue,, orchards, or
planted far ornament, shelter, or profit ;•' :old not to a plan-
tation (as was contended) of trees growing in an open, unin.
closed place, like Baeshot Beath. The Lord Chief Baron lied
saved this point. In Easter Term a rule Niri for a new trial had
been granted, on the ground that 11,,i verdict found for the defend-
ant was against the weight of evidence. Upon bearing the report
read, the Court now desired that the point reserved should be Mu
cussed before they would determine whether there ought to be a
new tend.
Mr. Bost-awn was heard for the defendants; and Mr. Mah-
al sr* and Mr. CHITTY for the plaintiffe.
The Coen T. for the present, declined deciding the point upon
the statutes, and therefore the case stands over for further con-
sideration.

• - • . - .
Muni betweeh the defendant and lime-ell, and that the latter owed plain brave leek to it ;It wss a settee, hook, well brand. tie toil
the former a suns of Inca 7 which formed ran of the amount of the me it was for writing cctrae% or memorandums. Them was a bey
bill of exchange which Dotterel' had given the defendant. No wit. ;to it. He asketme 39.... or 35a. for it. I. refeeed to purchase it.
nesues were called for the defence. !I have every reason to believe the priarmee iss the man who offevei
The Learned Judge summed up the ewe foe the Jary, gad they' the book ferule, Misquote he was then dressed very differently 11./
foorryl roe the pleoludf__danutgesllool. being treble the amount of , what he I. ogre. Be had then a black coat and Inman, on. I
the money lent. I saw him again at Marlhonswgii,steeet„ and thnueht I knew Mn.
[ Refire Mr Mrre Pssisisr Japs. I . Creeeoemosieed by 3lr. CAPirreet re :—lt was between three
it.oxsome V. WILLIAIMIL • . and four o'clerA when the person I believe to be Pie primmer ennui
This was an action fill the warranty of a horse. At dm trial. br. !so full •he book. ~ The shop winrinir was tilled with goods, which
fore Mr..lusitice Park, at the lot Assign for Derkiklfe, the rase tae use deg,t", darkens the "1"11. .
,Il canna say orit
r. my own oh.
was this : -.l'he dereedant was a coachinaster, and aloe moist' tut . arevalinn of the prisoner Mat namor his omit was, 07' hi* trnweeva.
the businues of a horse-dtaler. In the course of a • , when . Tbey n:ay have bean, bleck, or hlpe, or brown. I did not notice if
driving his em:ch of a Sutetay, he met with the plaint/feu mad. ' the "liar was velvet la cloth. Ilia got was • very fmMetvalge in
p
and agree., to sell him the horse in qaeation upon a waeranty or i the eat '!
he.; I cannot speak to the colour of hie ebbing osittrelys
perfect soundness, and that it was Sc, ly seer: years old. Next slay . Ite-eitamened:.--I noticed his features more than his ditches. i
the price, 3.i guineas, was paid, and on the Tuesday the horse was : ha..." "(MOM of the Taivonee helot! the man.
delivered. It turned out that the horse was completely toesounil, ' meniamin. SPholefietde an after of Madiamoillehhalveete avom r
I took the prisonerlAn cherody. I have walked bon Mt. Ates and was 17 years ..141, and therefore the present action was brought
for the breach of the warranty. )n the pot of the defendant it was Man'shouse, in 31aritiorough-sto. to she preseemees home, wt
am nom tended, that the action was n maintainable, inauntich to the ' Regent:r mr
ivet. in two miniu
. Frnm Carburtemetreet to the pre;
contract of sole took place on a Sunday, veteran to the 25th becutre'e house le little more than a mile. I as* • mob iteatestidek
Charles 11. e. 7, wh ch prohibits any per cam from eeereisieg an, and Aliens Lucy Denham haying hold of the pi reit* in Cleveland- ,
work, labour, or business., in his ardinsry calling, of a Sunday, Street : he am endeavouring to escape ram' her, and the la" 1"14
sprier the penalty of five shillings. The Learned Judge was hot ens outvoting Ilini. The primmer, on my taking him Into costady,
inclined to favour the objection, but hr sawed it, anti the plaintiff 'militated me that he knew itie. and had onee been :n my esseposy.
I saw no watch in his powsroion. The prisoner did make mute gi-
bed a verdict, with libertyto he defendant maniere to enter a non.
.lesion at the time he was taken th the watch.hotoe, sad mid the
suit ; and its Easter Term a rule Nisi was granted for that purpoee.
Mr. Tar.ror en now sheeted cause against the rule, and lair.partici should be puhished. I did not notice that the Priounci had
11 1: e v Igo was heard in support of it. . no watch or ring on the following day at Slatiborourtomeo.
The f'o rite discharged (heretic., upon three grounds; finds that : DI:P64CI:.
•
the defendant was not t.ngrigeel in hit ordinary calling, as a horse.. Mr. Justice Bi, mitotTon—h.i,„tr. now is the time re, yOf di
address the Jury, if you think fit, or you tos.y lease your moril
dealer, at the period when the ermtract of sale was entered into ;
seated, that the contract was not complete until the horse was de. the Minds of your CouneeL •
livered, on the l'uesday ; and third, that. supposing neither of . Prisoner—Al y Lord, and Deutlamen of the Jury. I stand btu
these reasons to exist for discharging the rule, it was not compe_ an object of your eammi.enulan, and I may
say, mernwaili4
tort to the defendant to take advantage of his own wrong as against at
...• appearing; beluye you to answer 10 the 11,1lfgell that have klieg
the plaintiff, who we% not aware that the defendant came within . ,„, ',,,,,i ag.dntst use, is entirely 'o„irg to as unturtwnete re,
the operation of the Statute in qaestion. . 'semblance which I strongly bear. to some di...henget individsuiL r
Rule discharged.
. declare to . Lord and ft- • --.e. that
,I am tio -' - • -- /

—.a to you, try _ and Gentlemen, that tam the
cireemstances) I am innocent of the crimes illipitted to /se and
shall tie able. by witnesses whose testimony canna be dastboad,
pester what I assert, Wore this Honourable Court, iii *bow Math
I leave my op*. .
Wm. Aline irotn—l am shaman to tinier mad Millsoitata-
bracts, In oes'ct t, ei.ho pbarc. bit the nth mod glkb Of
May, about a owns of elk hour before I hawed Mr. Deohmee's
'robbery. a person like thk pllponer came to Soy Olaf and allared as
albeini for vile. It arra Iklalord in disc Otorotroa, and had • Oman
lock and key to it : I rodascd at purehmejt: ineetved a hand-
bill anon after he kit the shovp whirl' informed am of the Mobs*
at Mr. Denham's the day before ; I am satisfied that the primer
was not the person, though he resembled him; he was a Ledo
shorter, and not quite 141 fair; about a fortnight after elia taw
proton allied again at our shop, and offered a pair of ratora far
sale, anti I kept him in path.", intending to take him into data;
As soon mat put my hand on the ilap of the coaniet to go round
anti seize hint. he, pmbably being aware of mi intention, rin oar
of the shop and escaped, leaving the ratan with me: I pre Icfm.
motion of the transaction to Gook, an officer, and produced the
razors at M arlhorough-mtreet office, *here I suited whet I pair
have stated. The razors were owr.ed at the .Police Office by Mts.
Clifton (one of the pronorutort in another indictment).
Ctpas.exarnined by Mr. I,asv—l was alone fill. the fop *hen
the Album was brought for sale. When the_rele** *Me left I
gave an alarm to dlr. Mills, one of the partners It was Gook,
the officer, who brought the bill on the ?Nit cif MY. and ft wan
he who solicited me to go to Illarlborough-stteet and lay what
I knew.
Re-examined by Mr. A finer ws—T am convinced the primmer
Is not the man who brought the albiim sod won to My
master's shop.
Gerald Fitzgerald trworn—l am an officer, in the French atm" s
I was at the turner of I7nion.street, Clereignd-sweet, on rho I+
of June, when I saw the prisoner. ands tout" lady crow the
road. They came towards me. The 107. said the prisoner had
robbed her. I said it was a anions charr; and the should be careful
*hat she said. The prisoner did not net to escape he conducted
himself aith great propriety, and went with the young lady
into a butcher's shop, and he said, if a ooac.h was mowed
he would go any where. I advised th'st the primmer Monk/
go to Marlborough-street. to which he assented. Otatenair
the respectful behaviour of the prisoner, and his respectable ten-
pretence. I offered to go to his friendi mind Infirm them of the
circumstance.
Thomas Shorthand, butcher. sworn—l rimember the printer
moiling into my shop on the Bth of June; a young lady Wowed
• . .

hits into the 'lmp ; the did not go with him. There was to mob
assembled, not more titan five or sit peeiont. The Kismet did
nut attempt to go awaj. or he might hare done so.
Cross-rauoined--1 told him toga slam( his business; I awash:.
It was a love affair between him and the yqtinfuladv.
Thomas Limber, a enpenter, sworn—l saw the prisoner asd
the young lady enter the butcher's shop. He atukl Advent++ away
if he had thought pmper. lie did not attempt it, but strati still
in the shop as anything had happened.
Crotet-eramined by Mr. LAW-1 WU due if the persons who
thought it a love aftale.

Milne and Co.. pawnbrokers, of Hanwriy-yarth„came forwarti and
~ (sauced the razors, in conartitience of the advertisement. I never
5..• the prisoner dressed in a frock coat or drab duck pantaloons.
beard of his apprehension an hour after it took place, and
hrought forward witnesses to prove an alibi. I did not do it on
others' advice, but from a belief of his innocence, and my opinion ,
toss not been shaken 4 I would gladly take the prisoner again into
try employ ; I have seen two persons in custody very much resent-
6img the prisoner.
l'nwootaniined by Mr. LAW—On the 2fth of May the prisoner
warmed a rote in a case, and in die evening served it at Staples.
ton ; he did not return to my oilier WI neat naming; I do nut
Lane of my own knowledge, though I believerhat the prisoner
setscil the rule in perami : the prisoner was very attentive to Com-
mon Law business in Tenn ; he was very dryer, son had made
i:'aat proficiency in his profcsidoo.
A great number of gentlemen and several ladies came forward
Slo weak to his character; they an spoke of hint as • most amiable
and religious youth, show character fur honesty hail never been
imiescheti.
Ti. Rev. Mr. Unpailine, a disarming Clergyman, residing at
'Lamborn Green, said he hod known the prisoner, and his respec-
t..ble connections, from his birth; he had received a religious edu-
asm, and always conducted himself in • manner that entitled bias
to the regard of all who had his somaiiitance.
Mr. Justice By n•ovots thought it useless to call further mi.
times to character, an no person could rsceive a la tier. The
Jude then connievivil Ids address to the Jury I he read
ohs Whole of the evidence, and cui 1111 l ented upon the most import-
ant points of it as he proceeded.
Tire Jura were absent about 20 minutes. Verdict— Vnq
On the delivery of the verdict clopping. of hands was heard in
the 117outt, and a general expression of satisfaction was inani tested.
Mr. Justice Do stunt:air amid, if he knew who conimitted .be
okceticy the 11ouhl commit them.