The British Press; or, Morning Literary Advertiser.
London, England, 1824-05-22 00:00:00

LAW INTELLIGENCE:

COURT OF KING'S BENCH, FaIDAT, MAT 21.
The Court 1,28 occupied nearly the whole of the tiny in hearing
the arguments of Counsel in n case referred by the Lord ChaneclUor
for the opinion of the Judges of this court, involving some nice
legal questions respecting the construction of a will, but which
possessed nothing of public interew. Mr. Tindal was for the
plaintiff in the suit, and Mr. Ilazlewond for the defendant. Two
or three eases of very minor imptwtar.ce were then heard and dis-
posed of, after which the Court adjourned.

COURT OF COMMON PLEAS, FRIDAY, Ml' 21.

POPE v. CONSTABLE.
Alt.gefgCAM TAnDY showed cause against a rule obtained by
31r. Sergi:tun Vaughan. The action was brought to recover the
value of a coat supplied by the plaintiff, who is a tailor. The sum
charged for it was 3/. 10s. The rule obtained 11'35 to set aside an
I award, the parties has tog agreed to refer their differences to an
arbitrator, whose decision was objected to, on the ground that he
examined witnesses who wouki not have been allowed in a court of
justice. 31r. Sergeant Taddy submitted that there was a positive
stipulation between the parties to refer the case to 31r. Chubb, of
311ansEeld.

311'. Justice PARK-1s not 31. 10s. cheap fora COM ?
Mr. Sergeant TADDT-1 think very cheap, my Lord.
Mr. Justice PARK—If it had been known to the Court that the
aunt was so small, I doubt whether the Court would have granted
the ntle. It is really harassing.
!Ir. Sergrtit TADDT road nn affidavit.
Cuter Jvartca—Did the arbitrator examine the tailor in his
orn canoe?

-- .
Air. Sergeant TADDY—I believe he did; but he examinod also
the jourr.eyman.
('Mier J uar to—An arbitrator es-inot examine a plaintiff in
his own cause.

---
Mr. Seri• ant TADDY —Will your Lordship allow it to stand
over ? • -

Ur. Justice PARR—Vex, it mly stand over for ever if yott like.
I never with to hear an v more of it.
Jowl'[—(am afraid the award mutt be set aside.
I: e cannot encourage arbitrators to receive evidence that would not
Le adatisaible here. _ _

111 r. Sergeant VAUGHAN said $ few worth in support of the
rule.

Hier Jusricr.—Let the award be set aside, if you cannot
en-le to an agrctment.
Rule absolute.

D 1.1911 r. LACY.

51r. Sergeant Oxsrow moved to stay proceedings in an action
commenced against the defendant by the plaintiff, on the ground
I that the former had not been Nerved with any notice of action. The
I Learned Sergeant had an affidavit to that relict.
Mr. Sergeant ‘'AuGliAti had also an affidavit on the pan of the
plaintiff; in which it was positively sworn I.y an individual that he
Ind been repeatedly at the house of Mr. Lacy, whose name was
written over the door, and that he had there seen a person whom the
deponent believed to be the defendant, that he had asked biro
his smote. and served him with a copy of the writ, and no ob.
jection was made that he was not the right person. The depts.'
nests also swore he could find no other person of the same name!
in the street.
The CHIEF JUSTICE said, it was deny there was some trick. If
thedefcndant was not the person served with the process. His
Lordship inquired whether ilr. Lacy was in Court.
Mr. Sergeant Owst.ow replied he was not, but the Attorney
said he would attend in ll'eturt to.milvorr morning.
The CHIEF Jr6TlCti suspected that 3 trick had been practised,
and directed that the matter should be sent to the Prothonotary.
and that both Mr. Lacy and the pennon who swore that be had
served the process should attend before that officer.
Rule referred to Prothonotary.
Gilson my S. SIR THOMAS CHAMPNEYS.

Mr. Sergeant PELL had to apply to the Court for a more than
ordinary favour, as the Lour. would be aware when he mentioned
the name of Sir Thomas Champneys, who, if he were present,
would feel that he was treated with every possible indulgence, if the
('ourt would allow the Learned Sergeant to make this application.
Ile would read the affidavit upon which he grounded it, and if the
Coart should think that no further favour could be granted, he
would not press the motion. The Learned Sergeant then read the
affidavit of Mr. Jacques, the solicitor now employed to settle the
strain of Sir Thomas Champneys, which stated that since the 6th
of Slay he had been assiduously employed in obtaining the neces-
sary abstractor the title deeds of the property, upon which the mo.
aey to be borrowed was to be secured. It was not till last Monday
that he had succeeded in this object, and he had now the pro-
mises of three perions of undoubted respectability to advance the
sum of 12,10001. and upwards, for the parment of the annuities.
The difficulty of communication with Sir Thomas Champney%
who was confined in lichester Gaol, and other circumstances. pre-
vented Mr. Jacques from succeeding before. The Learned Ser.
geant now prayed for a further allowance of time ; a fortnight
would be sufficient.

The CUITF JusTICIE laid, that would be out of term.
- -

Mr. ge7geLtti; SZO;v7bsered, this was most extraordinary
application, as he had advised his clients to consent to the former
motion, as he understood, It would be the last. The loss already
sustained by the the of the funds he need not mention. The time
had been fixed, enlarged, and again enlarged.
The Clll Er JUST 'CV said, them MUSt be a limit to such indul.
genre. If the money was not paid on or before the last day of term
the rule must be peremptory.

POLICE.

MARY-LA-BONNE OFFICE.

F•AUDIL-011 Thursday John Wager.. a man
of genteel address and venerable appearance, was brought up for
re-examination, charged with iitntgg the sum of 111. from the late
Mr. Adolph°, scal.eugraver, Ox and M. from a Mr.
Powell, Oakley-strect, Lambeth, under the pretence of procuring
the former a situation under Governmeht, and the lanes a situation
in the India House.

From the statement made by the widow of Mr. Adolph° st the
last examination, it aeared that the prisoner, about eighteen
months since, had become acquainted with her husband in the
Bayswater Tea-gardens, sod had so frequently bosited of his influ.
mu with persons under the Crown, that her 'husband was induced
to believe he could procure good situations under Government, and
spoke to him requesting the exercise of his interest in procuring him
a place. The defendant replied he could do so, but a douceia
would be n and named the sum of TOOL for a situation
within his gift in the Customs. Mr. Adolphe, in some furdier con.
venation*, ascertained that the salary was about MI. a-year, and
the defendant, as he said, to display his disinterestedness, only res
quired the sum of 901. down, the remainder by instalments out of
his salary'. Mr. Adolph') finally placing implicit conildence in
hint, sold the lease of his house in Mortimer -street, and pee hint
PI, and at another period D. for a stamp to bind the t.
The defendant kept hun for three months in the meet nful sus-
pense, putting hitr off with one new or another, evanually
absconded. Mrs. Adolphe said this, coupled with her husbandi
other misfortunes, took such an effect am him, that in a few weeks
after he died of a broken heart..

The evidence in support of the next charge was as follows :
Mr. John Powell stated, that about the itith Maaeh, 1816, he
became acquainted with the defendant, who then held a respectable
situation in the East India House, and who at times bemused of his
good fortune in being enabled to place deserving persona in situa-
tions in the lion. Company's :service. Mr. Powell had at that time
a young man named Price very closely in his ccsitidence, who wool
anxious to obtain a situation, no matter how subordinate, in the,
Company's warehouses, and being informed of the defendant's in-1
flueece, finally gave him 201. to get him into the warehouses as a
labourer. This money was paid the defendant by the witness, who
received no acknowledgment from him for it. Shortly after this he
!ma sight oldie defendant, who he was informed held a situation in
the Cosnmissariat department. The young man (Price) finding
himself duped cut of his money, brought an action against the
v:itness, who was eventually obliged :o pay back the money, with
all expenses.
The defendant here interrupted the witness, by saying, " You
know, Sir, that I got you a situation in the Company's employ."
Mr. GI: 11, FIT H said that an irrelevant to the present soma.
tion, and advised him not to say anything that might injure him.
The defendant firmly replied, " I, Sir, was merely the agent to
procure these situations, and do not deny receiving the 201. from
Powell, but he said he wound draw from Price 361., and would
only give up the first-named sum, which I gave to Dr. Bunk,
bead, who was saproessee the Mused**. • -
Mr. Powell hare eacLimed, " Thar is false! I waited on that
eminent ph, sidan, who, with the utmost indignation, denied this
int-snipes transaction, and disclaimed no: only all knowledge of the
defendant, but ever having had any knowledge of such villainous
traffic, or hail any dealing whatsoever with %Vulgar, who, I believe,
is mpable of libelling any man, no matter how distinguished or
honourable, in the kingdom.
Mr. Gun's-ITH ohservt d, that a more disgraceful case of fraud
he had scarcely ever heard of. and he was shocked to find that a
man of the defendant's years could have neted :n a manner so infs.
1114,1114, " Indeed (said the Worthy Magistrate), his conduct before
me bed almost removed my surprise at Ms defrauding any person ;
advancing, as lie does, such charges against honourable men, whom
all sensible nt; oils inti‘t believe incapable of such acts.
The defendant was then committed to Clerkenwell prison, for
Sant of bail, to answer the charges at the sessions.
A sheriff's Mame. was waiting in the office to arrest him, in the
s• ent of his bring discharges,.

An Irish labourer, named Pat Fogo.ty, was brought before
L. K. A 1.1.1: s, charged with having bssaulted his wife, Biddy,
utter the following eireuinntances
l'og,:rty tat pped forward, and, addressing the 51attistrate
in Aluleoer dialect, stlied her ci,arge in these words :
" :*our Iltteour, int husband then eft.re you, is as hireest and
hard-working a man Sc an) in Ireland; if he would only keep
frotie clrirk and public house.. tl-1 a better husband front here to
:.,,til,!:errY•ll than the smut Vat Fogerty ; and dust's all I have to
s7.y, y our I lonour."
11r. AI. LEW—M y good soya n, you hare taloa out a warrant
fn assault against yo.tr hu.bxnd ; you must now state the naiure
of it.

3lnt. Fogcrty-9h. your I lornar, I wits forgetting that. Nrhy,
then on Tuesday night, Pat cartic home full uf kw, and whacked
taco.ll;eaust• I with' Lim the truth.
Mr. A I. Inn was Mat ?

Mts. Fogerty—Year Nontnrr. that he Iris a drunker black2Nard,
and came halm blind drunk every night of his life. All I wart is
to bind hau (lowa ttrloreit the peace, for I ant io danger 0( my pre-
cion3 life.

Mr. A vatx—.l7e yea cntain that you did nothiag to provoke
"•

Mrs. Fogerty.—Nothing at all, indeed, Sir.
Mr. ALLEN—WeII, kogerty, what do you say in answer to the
charge? •
• .

Fi7gerty—" Now, then, please your Lordship, I'll tell your
Lordship all about it. Sure. then, this is as good a woman as ever
brake bread. it she would only keep that bit of meat of her's still
in her month ; tor she is so fond of using it. that I can't have a
pint of beer with a countryman, that she does nut blow me up.
Now, then, all I did to her on Tuesday night was to give her a
clout in the lug. . . . . .

Mr. ALt.t a—What do you mean by a clout in the lug?
Fogerty—Your Ilonour, 1 mane that I gave her a gentle tap
under the ear.

Mr. ALLEN—But, Fogerty. I hope you did not hit her hard?
Fogerty—No, your Honour, I'd scorn the Lesion.
Mrs. kogertT here, with great emphasis, exclaimed, "Oh, Pat,
you are the biggest rogue alive; you know you are given to go
with other women, and you have two children that sent mine, Pat.
You can't deny it, Fogerty."
Fogerty, with the most perfect good-humour beaming in hit po-
tato face, and smiling st Biddyf aid, "By my s—l that's true
enough. and what of that:? Why don't you keep that bit of meat
still, and all would be well ?"

Air. ALLEN asked Fogerty if he would promise him not to clout
his wife again, and he would discharge him this time?
Fogeny—Your Worship, I'll promise that; and, as I said be-
fore, if she will only hould her tongue, I'll act the part of a man to-
wards her.

:Urn. Fogerty—l am afraid of my life of Pat, for I know he'll
kill me when I go home, for bringing him up here.
Upon Fogerty's repeating his promise of committing no breach
of the peace against his wife, the Magistrate discharged him ; and
Biddy and Pat went to a neighbouring public house, when, ever a
glass, they forgot all animosity.

SPORTING INTELLIGENCE.

NEWMARKET SECOND SPRING MEETING, 1824.

THURSDAY.

The Jockey Club Plate of .Slig;.t-o-1; run for by horses the pro-
pwty of /Herniates of the Jockey Club; four-yr-olds carrying
7st 2lb ; live, Bst 3ib ; six, list 91b; and aged.
Sir J. llyng's b. h. Morisco, 5-yrs old - 1
Mr. Udny's ch. m. 51irandola, aged - - . 2
3 to 1 on Morisco.
1). of Graftnn's Pastille, Eat. 816., beat Mr. Greville's Premium,
7st. 131 b. A. F. 200. h. ft.-5 to 4 on Paatillc.
Sweepstakes of 100sov. each, b. ft. T. Y. C.
Mr. Pettit's Nicol°, Bst. 516. . - • 1
Mr. rdny's c. by M'oful, out of Pantir.a, 7st. 121 b. - 2
I). of Gralon's Poatbunta, Hat. 131 b.. . . - 3

2 to I on Nicola.

Mr. Ramsbottont's Cephalus, beat Mr. Lees Isabella, est. 71b.
each, D. M. nesov. h. ft.-4 to lon Cephalus.
Fifty Pounds. for three-yr-olds carrying fist. 21b. ' • four, flit. ; five,
::.t. ; six, and aged, Rai. 121 b. T. 31. M.
Mr. GrerMe's b. e. brother to A nutbel,3-yrs-old .
lid. Exeter's b. c. Ghost, 3-yrs.old . -
Mr. Wyntlharn's b. f. by Frolic, dam by Election, 3-yr,old
Mr. Bkhop's ch. f. Haide'r, by:Anticipation, out of Z.i.re'S
dam, 3-yes-old - - dr.
Even on Brother to AmabeL
- Sweepstakes 200 each, h. ft. M. D.
- - - - -- • - -- - - -

1
2
dr.

D. of Grafton's Posthuma, est. Mit. received forfeit ; and the D.
of Rutland's Scarborough 7st. Iftlb. (dead), and the D. of Orafton's
Cinder. let. 91b., paid forfeit.

SPRING AND LANGAN—The approach of the great fight
between Spring and Langan count-. considerable bustle in the P. C.
I and every movement of these mighty onsi causes additional in-
terest. Spring was in London yesterday, and is in line condition,
having perfectly recovered from his slight indisposition, said to b:
caused by ginnsey. His frier ch retain the highest confidence in
his success. Langan continues in close training near Bristol. and is
not less confident than his competitor. From a letter he has
written to a friend of his, it would seem that his " courage mount-
eth with occasion." In the betting circle there seems to belittle
doing, though two to one is offered upon Spring: neither is there
a probability of much bong done before the making good of the
whole of the battle money next Tuesday week at Belcher's, a week
before the fight.

MEETINGS OF CREDITORS,
AT Tilt BANKRUPTS. COURT, BASINOMALL.STRIM

TIIIS DAY.