The British Press; or, Morning Literary Advertiser.
London, England, 1824-07-28 00:00:00

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to be, be should be in a mad-bouse. Johnson then raised up his
little it gee, and, looking at it, said, " there is noes sense in that
than there is in your whole body.' (A laugh.) Ile soul.' have
satisfaction when he got on shore. The defendant said. that when
lee got him on shore he would turn him on his knee and whip him.
Johnson retorted, and threatened to rut :disk's big head oil. (A
laugh.) Sisk thought Jeitionn fit only for a straight waistcoat.
Johnson again vejoined, and told Sisk to beware that be did net
get A wooden our. Sisk lure closed the conversation by call.
tog Jobuson a runty old wretch, and following up the complant by
%coking Johnson tint on the mouth with his open hard, and then
bitting him on the right find left of his bead, ni as to blacken bis
eyes nod cause the blood to ;low. Witness then separated them.
Johnsoo did not recover for a fortnight.
('roar-exan.inert._sink is a stmiter Man than Johnson. Johnson
and he ( whom's) had a joint stock of wine t Sisk was to supply
them pith spirits and potter. Then: was a quarrel beforrori the
first at May between the parties. anti Johnson said Sisk should
give him satisfaction when they got ashore. Johnsen did not, cn
that occasion. challenge him to ..Alit, or say he had pistols on boned
that he should light him. The ege of the plaintiff was about six-
ty and tipwards, that of the defendant, fihy.
file. Sergeant VAUGHAN said that the parties were egosl on the
acme of respectqbility. The Jury should find foe the plaintiff; it
wastrue, so Mlle was no justification put upni the reeved but
rat o the evidence which they had head, it was manifest that the
provocation was such as no man of etched blood could endure.
I.arge damages could not be given in such a ease, after such a KO-
vocation. It was clear that Johnson was a quarrelsome person ;
there had been a quarrel nu the Int of May, and in the quarrel
which took place stn the 4th of June, the first °Kmiec expreasiun
t"-st wits used fell from Johnson, when he told Captain Sisk " that
•he NA, a t•-rant, but that be 'multi not tyrannize over him." It
lye. to be regretted thtt Captain Sisk did not semi him to his cabin
when he threatened to do PO, as that would have '..:vented the un-
fortunate transaction which gave the plaintiff an opportunity of '
bring7og this action. Nothing could be noon provoking than the'
latriage of the plaintiff; which if it did not justify the
greatly extenuated the offence, and should have the effect of greatly
diminishing the damages. The assault, besides, did not last above
a minute: they were itionediately separated by the witness who
appeared before them. Ile b2gged the Jury to discard from their
winds what had been said shout the difference in the ages of the
panics, and which wan not so great as had been stated. Under the
efreamstances. the smallest damages would be udequate compen-
sation, and the Jury should bear in their mind how important it
wit tit keep sip and protect the species of tralint in which the de-
fendant was craned, and the discipline necessary to be pre-
ferred in it.
The Cut Er .friertcE briefly charged the Jure. It was a plain ;
equitation of fart. The assault bad certainly been fully established
WO as i• entitle the plaintiff to a verdict- It was true the defendant
hal ticked meanly with regard to the rum ; but the language of the '
laintiff was such As to bring the blows upon hint which he received.
In their aelmessurement of datosome, the Jury would consider the
degree of provocation which the isiJointiff rive, and which induced
the defendant to commit the assault of /ditch the plaintiff now cum-
plhined.
The Jury ern:kilted together fer it short time, and returned a
vcreliet fen the plaintiff—Damages bet, and 4th. costs.

SHERIFF'S COURT, Arm LION-Sial Aar,
TtEsuu•, JULY 27.

ISOUt TOW AND OTHERS, EXECUTORS OF BOCLTONr
V. CLEMENTs.
This err, which is an action for dilapidation, and to recover
Arrears a an annuity, I.:lnm on lite last evening, before Mr. Mend'.
mond, the Under iitientr, and a I.:ut 1111 l un Jury, pursuant to .ul.
imminent.
Ildn H. F. Jost' opened the' case to the Jury. The plaintiff.
were the eseeutnn of a tie. Moulton, who, before his death, granted
to a person named Willmms„ for an annuity of era. • year, three
sets of premise" in the Kingsland-ned, Crooked Millet-card. and
Maunders's-gardens. After the assignment of the promises, %Ed.
hams became insolvent, and two pawns, named 'rwinam and
Clement, were chosen assignees of his estate and effects. The
testator covenanted with the assignees to allow them full possession
of the premises, mhjrct to the regular payment of the annuity.
They also covenanted to pay the annuity as lung as they should
remain in pneseasion. Twinsni is since dead. The arn•ar of an-
nuity. claimed was only lii/. 1,14. up to Christmas last, but the
whole sum doe wits some where about 300 f. The premises have
been neglected, and thereby are in a most shocking state of di.
lapidatinn, and an mese of rent stands back of about tell.
Mr. Aileen /II t, for the defendant, here took an objection to!
the proceeding fur the annuity, &fledging, that on the 7th January,
IWO, a notice had been served on the plaintiffs, declining all pos.
session, which notice loud been admitted by them. Ile contemplated
ft was the same as a new tenant succeeding to • house in the
middle of • quarter, being liable fur the standing smear of the old
tt bent.
Mr. Joarr,• contended that all the record was admitted by the
'6W/went going by default.
The lin tet overruled the objection.
Mr. AA proved the rent due to Chnstmaa last to be 95f. Ss. Val.
Mr. ARRAUAMS--That is more than you claim; I shall there-
fore deduct $1 11.. 60.
Menry Morley—l am a surveyor, residing in Thornaugh.arreet
BedfonLernare. On the 7th of the present month, 1 surveyed the
penises an Crooked Millet-yard and Saunders's-gardens, and
ie.:fir:met' the dilapidation' at 1?Al.
Cremelamined by Mr. Aar ouoma—The dilapidation. might
have been twenty yaws accruing. I should deduct Inf. for what
shay have accrued since Christmas.
Mr. Simpson repaired the premises in the Kingsland.rond • the
costs would hare been much mule, but he couiprontistd his Lill for
which had been paid.
Mr. Lane surveyed the dilapidation' of the premitee in the
Ktogshind.road, before repairal, and estimated them at WV.
Mr. Boulton, the deces'aro nepkw, proved paying Al. odd f-r

reMrr.spai.
ABRAHAMS addressed the Jury in mitigation of damages,
and said that, with deference to the Learned Sheriff upon the an-
nuity point, he was convinced no ,luny would be allowed to swell
on a bill as this had been done ; his Learned Friend, after proving
26!. paid for Simpson's chlspidations, wanted by the neat witness
to sw 11 it up to Sty. If upon the pleadings the whole facts were
admitted, there was no defence at all. Ile would not detain the
Jury, but leave the naked case to their cousideration.
Charles Ward deposed, that in 111111 about 21*1. was laid ate
its repairing wine premises in ('rooked Billet-yard and Sauntlers's
I.:ardent, ; he was then a tenant and collector of the rents for
Twinam • he left the premises 12 months ago in good tenantable
Tomtit ; he saw them yesterday morning, and would repair the
dilapidation, fur MIL
Mr. Jow Ell replied.
The SHER trr addressed the Jury on the evidence, who retired
foe about a quarter of an hour, and nit their return gavu a verdict
to- the plaintiffs—Damages.. 2621. 18'.
The plaintiff's solicitor said the elrert of his client's becoming
assignee had horn his ruin, for he had not received a shilling ; he
iiad lost the whole of his original debt, besides baring the weight
**this action against him.
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INSOLVENT DI:BTOIt'S COURT, JULY 27.

Fain Powell was opposed by Air. Pui.Locx, fur Mr. Somers,
an upholsterer.
Benjamin ‘Vinter stated, that he knew the insolvent, and in
lreoember. 1022, he met lit r, when she asked hint to procure
butiongs for her, and to recommend her to An upholsterer for fur-
niture. lie accordingly took lodgings for her in Old Cavendish-
street, and got Mr. liornen In supply her with furniture to the
astourit of 1171. On asking her relative to her means of payment,
she said that she had 1541 f. per annum, settled on her by die late
Marquis of !Londonderry, and elm also exhibited to hint a letter,
TOlSthr to property. signed " Canning ;" she also declared that,
as the widow of a Major, she was entitled to a pension of WI. per
anwern. She agreed to pay tw.mt V pounds down, and give monis-
owy Dotes foe the remainder, tt IW. per month ; she has, however,
atoll paid IW. in all.
be insolvent said, she had offered the goods back, and at length
said them, except one article.
Tbe'insolvent and the witness were then examined separately,
add their testimony was very contradictory to each other. The
ferdret stated, she gave Mr. Somers I If. in mon', and a 101. bill.
Relative to the hill which had got into Winter's hands.
The Col: UT said, it was iolll3ollll4ble to detain the insolvent on
tlrs lostimony of such a Coos
Mr. Connilivtiolter II An ti.--ror my part 1 see no dtnercnce
between Wild,. and NOIMIII le (A
TO. Insolvent was then declared entitled to her discharge.

Yesterday morning, at three o'clock, a watchman, named
Johnston., on the lioswell.street Trust, observing a hackney-conch
draw tip opposite his watch.lkm, from which descended a man of
sasplcioue demeanor, necosteil the coachman with, 11'hat, going to
titer* sn early ? to which the coachman replictl, lie was ignorant
of what he was wanted for, but if for any harm he should not do
it. The watehman, not so easily gulled, kept his eyes about him.
and presently perceived a man approach hint from the centre of
MI-alley, with a bag upon his shoulder, who, finding he was'
watched, dosiblrd into lioswell-street, by the way of Arthur-lane,
and was making front the coach, with the sack still on his back,
when he was pursued, and finding himself gained upon, dropt
it, pod ran oh ; it proved to contain the body of an old woman,
wffith was taken to the watch-house, when Mr. %Vitus, the night
constable. commenced an active search among the neighbouring
burial • grounds and parish books, but without obtaining any clue ;
he still persisting, at length obtainnl intelligence that it cane from a
how in Parema's.gardens, Roswell-street, where, en
praereding thither. a parish shell was found ; the traJy wee then
taMveyed to St. Luke's workhouse fur internment, to the disappoint.
'brill of the purchasers of it. to whom it appears it had been sole
by 'the abandonol daughter of the deceased, for dissection.
flflotraesio AettnENT.—About one o'clock yesterday
afternoon, a line by, six years of age, son to Mr. Foe. of Comp.
too.plaee East. near the new National Scotch Church, Regent.
striker, was unfartutudely drowned, or rather suffocated, in aehole
drug by labour for the purpose of collecting water to make mor-
tar, and which was within shout 1W yards of his own house. A
lady who was leaking nut of lore window observed him fall in; he
wanalons; she gave an immediate alarm, and some persons ran to
the east and took hitn out. The hole was about four fen deep of
tibia slash.. When picked up he 'Mewed symptoms of life; his
tinotioh and tars were full of mud. lie was immediately carried to
a n, and every means used to restore him, but in vain.
Wet yesterday stated, that a lad, twelve years of age,
was drowned whilst bathing on Sunday evening, near Battersea.
triage. We leant that It was a young man of much respectability,
and twenty years of age ; and although every means had boa re-
metal so by drags, Re. to find the body, still it bad sot bees
mon.

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