The British Press; or, Morning Literary Advertiser.
London, England, 1803-07-06 00:00:00

MIDDLESEX SESSIONS.

HICKS'S HALL, JULY S.
E,ore WILLIAM MAINWARINC,
Peter Plank was indicted for a misdemeanour, in
having received a gold snuff-box, the property of
William James Maddox, Esq. knowing the same to

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have been stolen.
Mr. SYLVESTER the Common Serjcant, stated,
that the property in question had been picked out
of the Prosecutor's pocket, during the time that
Gentleman was at Drury Lane Theatre, some time
last season. In about a month after he happened,
to be passing through Giltspur-street, near the Hay-
market, when he observed the box exposed for sale
in the window of a goldsmith shop. Such means were
immediately taken to recover the property, as were
found necessary, and the goldsmith, in whose posses-
sion it thenwas,proved he had bought the article from
a Mr. Holland, a silversmith in Bell-yard. The Pro-
secutor, anxious to discover the person who had
committed the robbery, continued his inquiry, and
found that Mr. Holland had also purchased
the box from Mr. Palmer, a jeweller and gold-
smith in Tavistock-street, Covent-garden. From
the latter, it was traced into the hands of Plank,
who was not able to account for it in any other way,
than his having purchased the property of a man
who offered the same for sale, at his counting-house,
in Long Acre, on the 3d of last Decen-.ber. It was
bought for 121. ss. and, as it appeared from the
fashion of the article, that it would be more profi-
table to sell it again inks original shape, than throw
it into the melting-pot, Mr. Plank dispatched his ser-
vant to sell it at the house of Mr. Palmer, in Tavi-
stock-street, where it was bought, and from thence
found its way into the hands of the person before
mentioned. These, the Learned Counsel observed,
were the principal faits of the case; and, when the
same came to be supported by evidence, the Jury
would see that the Defendant stood in a very suspi-
cious situation.
"Ile property was examined by the Prosecittor,
who deposed he was robbed of it while he was at
the Theatre, I ut by whom he could not tell.
William (lark, Mr. Plank's servant, said, he was
present when the snuff-box was offered for sale; the
man who bro,:ght it said it was the property of a
gentleman confined for debt and in much distress.
Mr. Plank offered 121. 3s. 4d. which the person he-
sitated to ta!ze, observing, that before he could sell
it for that he must consult the owner; he accord-
ingly- went away, but shortly after returned and
was paid 121. ss. the witness was then sent to sell
it again in the manner already described.
Mr. K WL Es remarked to the .lury, that the
situation in wl ich the Defendant stood did not ap-
pear to be a criminal one ; he was a respeCtable
tradesman, nod in the progress of his business,
which he had carried in for a considerable time
with credit, frequent transactions relative to the
purchasing of gold, had occupied his attention, and
never before had an unfortunate circumstance like
the prevent taken place. The Jury would plainly
observe, that the price which Mr. Plank had given
for the article was a fair one ; it had been sold
again, and the profit arising did not amount to more
than a iew shillings. From such considerations, the
Jury would feel for the situation of the Defendant,
and believe him ignorant that the property was stolen.
If a doubt did but exist on that subjeet, they were
bound to acquit him.
The Cnatax am made a few observations, after
which the Jury pronounced their verdict—Not
Guilty.

We believe it is not generally known, that the
motto of Lord NELSON is an anagram of his name •
" Honor at a Nilo" being transposed, forms " Ho-
IL AI 10 NEI.SOs.'P
The town of Leeds has seldom been so healthy as
at present; one of the principal Undertakers not
having had a funeral these five weeks ! though iu the
preceding month he frequently attended two, and
sometimes three, in a day. The Influenz.a killed or
cured all that crate within its influence.

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LA WY L ICI NCE.

cotTßT.pr KING'S ISENCII, Ji.o.ie 5.
Befol'al.oktoELLENnOlw%.nal.
WOOD V. D ENY F. 14
This was an aLllion brought by the Plaintiff; a
tailor in Pall-Mall,• to recover of the Defendant the
sum of 581. lls. 9d. a debt contraned for clothes
during his infancy, and a further sum of 41. Is.
for money lent. It appeared that till Defendant,
at the time the debt was incurred, was clerk- in the
house of Mr. Boddington, of Mark-lane ; and that
although he wits only the son of the PeLworth car-
rier, in no very great line of businett, he had had,
in the course of fifteen months, nu let; than sever,
coats, ten pair of breeches, and a propoiti-nre
number of waistcoats; besides which, the Plainta
had lent hint four guineas. The Defendant ha.?
p.tid 301. i Ito Court. It was attempted to be p:•)veJ,
that the Defendant had math an absolute pro-
mise of payment since he came of age, but it ap-
peared he had merely promised to g.,•;.! the Plaintiff
a bond, payable in the event of his receiving a
legacy, to which he expected to be entitled upon the
termination of a cause in Chancery.
Mr. PARK, for the Defendant, observed, that
this was a cause of very great importance to the
rising generation Fie v..as ttell acquainted svitli
the character of Mr. Boddington, and he wa.;
sure he would not have been well pleased to have
kept the Defendant in his service, had he known he
had bees so extravagant as to have had seven coats
in the short space of fifteen months. The Learned
Counsel having, by reasonable arguments, and pal-
pable deduaio+, shewn, upon the face of the Plain-
tiff's own evidence, that the promise of payment, af-
ter the Defendant came of age, was conditional,
and dependent upon contingencies, left the question
to the Jury merely upon the point, whether the ar-
ticles furnished were necessaries for a person in the
Defendant's situation and rank of life. He con-
tended that the 301. paid into Coart was an ample
sum. _ _

_
Lord Etttweo aouc H said, there were two ques-
tions for the Jury—first, whether the Defendant, af-
ter he came of age, had completely ratified and con-
firmed the obligation entered• into during his non-
age, so as to make it now liable, or had only sanc-
tioned it conditionally ; and, secondly, whether, if
that fast was not proved, the sum paid into Court
wassufficient,laying out cf the question the advanceof
four guinea sowhich was certainly a most mischievous
thing for a tradesman to do, with regard to a young
man, like the Defendant, as it could only have been
done with a view to encourage him to go to places
of dissipation. As to his ratification of the contrast,
he had stated he would pay when he came to his for-
time ; and, when talking about a bond, he said he
would settle and arrange the account, when he re.
ceived a legacy he expeeted. He had offered to
make the bond payable, when his affairs in Chancery
should be settled ; but it is evident he had made -aa
admission of the debt, in ca e his affairs should tal,:e
an adverse turn. It was consequently not a pro-
mise till the condition was pe formed ; it was a mere
conditional promise, and ther f ire he was clearly nct
liable. This reduced it to the other question, whether
301. was an adequate suns. The station in life of
the Defendant had been proved. He was the son
of a waggoner, but not one of that description
which ranked among persons of the first commer-
cial consequence. His Lordship said, he had par-
ticularly endeavoured to ascertain this lea, because
he remembered hearing it proved, that a Mr. Pick-
ford, a waggoner and carrier, had dealings to so
large an extent, that he was able to bear up against
a loss of 10,001. in the course of one winter, occa-
sioned by the canals being frozen up. A similar
proof of immense capital has occurred, in the case
of Mr. Russell, of Bath. The situation of the De-
fendant's father was very different
_; he was the pro-
prietor but of one waggon • therefore, with regard
to a young man like the Defendant, it was a moral
obligation, upon the part of a tradesman, not to ex-
tend the reasonable limits of his credit. Was it to
be endured, that a lad, in a merchant's counting-
house, should have seven coats in fifteen month:?
What was the effea of such extravagance, but to
enable him to make an appearance beyond his
sphere in life. It tended to lead him into habits of
idleness, corruption, and dissipation. The Learned
Counsel had justly observed, that the encourage-
ment given by such tradesmen as the Plaintiff to on•
thinking youth, afforded them access to scenes
where their passions were irritated, and induced
them, in order to support an expellee beyond their
means, to rob their masters, and involve themselves
in ruin, infamy, and disgrace. He was of opinion,
that the 301. paid into Court was full enough fcr a
youth circumstanced as the Defendant was. The
.lury would, however, look into the Bill, and say,
whether it was, or was not, reasonable, putting out
of the question the four guineas advanced, to which
the Plaintiff was clearly not entitled.
The Jury, after a minute's consideration, returned
a Vet did for the Defendant.
STRATFORD V. BAR ETT.
Mr. WOODF A I.L stated, that this was an action
of assault and battery, to which the Defendant had
pleaded ; he sac possessed of a certain dwelling-
house, into which the Plaintiff, without his licence,
introduced himself, he bad gently laid his hands up-
on him and turned him out.
Mr. GA Rum. said, he was extremely sorry to be
called upon to open this case against Mr. Barnett.
who had long been an attorney, resident in Sob.'
Square, and who ought to have learnt, that it was
highly unbecoming in him to have concluded him-
self in the manner he had dona. He was a goof
deal surprised to find, that after he had got into tl,e
situation the declaration described him, and when
he might have got his Learned Friend to have ex-
cused him on the ground of some supposed irrita-
tion, that he should have been so imprudent as to
have put a [plea of justification upon the record.
The Defendant had a son in the army, who had con-
traaed a small debt of 31. with the Plaintiff's bro►
ther, a corn-.:Handler, at Wycomb, in Buckinghant-
shire. When Captain Barnett was about to leave
the town, he desired his creditor to call upon him at
hip father's, intimating to him, that if he was not
in the way, his father would pay the debt. Mr.
Stratford, accompanied by the Plaintiff, who was a.
student in physic, called in Soho-sqoare, and en.
quired for the officer, but were informed he was not
at home. They then asked to see his f..ther—th
were shewn into a parlour, and told he would soots
come to them. Ina few minutes Mr. Barnett came
into the room; and enquired into the nature of the.
business ; upon being informed, he seemed mach
ofTeuded, and asked why they had not
cued their business to his cies k. Thai replied, tout

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