The British Press; or, Morning Literary Advertiser.
London, England, 1804-05-16 00:00:00

• LAW

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CCURT CF XING% BENcti, WFSTMINSTRR, MLT 13.
SiUinja &fire Lord EL LEmsoaotlcru..

AD A 346 v. BOWERS.
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This wis an aetion for a forcible 'entry into the
Plaintiff's house, and a violent assault upon the
Plaintiff himself. It appeared in evidence, that the
parties had been in company, together at the Bedford-
he.:d, Red Lioanquare, where they had drunk too
freely of peppermint ; and the whole cause of ac-
tion arose from those circumstances, which frequent..
ly occur upon like occasions. One party fancying
himself much wiser ants more sober than the other,
insisted on seeing his companion home. Whereup-
on an altercation ensued ' • during which the assault
in question took place. No evidence of a forcible
entry, or damage in consequence thereof, being ad-
duced, the Jury found a Verdi& of one shilling for
the Plaintiff.
EDGE o. HARWOOD.
This was an aftion brought against the Defendant,
who is an Auftioneer, for breach of contract ; he
had set up certain premises by auction, the Plaintiff
was declared the purchaser, and deposited a sum
of 601. with the Defendant, who, thereupon, enter-
ed into an aftual contract, .to make out a good title,
and sent the Plaintiff au abstraft of such title ; who
immediately proceeded to the necessary steps in pre-
paring deeds, &c. Upon further investigation, the
nece,sary parties refused to execute the deeds, and
the Plaintiff then btought his affirm to recover the
sum he had deposited, with- the expence of the
deeds. The Defendant, conceiving he could be only
accountable for the money he had received, lodged
that sum in Court.
Lord E4DOROVOH regretted, that in such
eases the Defendant should be liable to pay more
than he had aftually received ; yet having entered
into that contraa specially, and such contra& being
proved, he thought the Jury must find a verdia
for the Plaintiff, for 141..15. 6d. being the expellee
of preparing the deeds, &c.
EMERY v. ALLINOHAK.
The Plaintiff in this aftion is a shoemaker by
trade, and passing by the Defendant's house, the
stepper of the coal vault not being properly secured,
he fell through and was very much bruised ; and
being a poor man, and thereby rendered unable to
pursue his trade, he applied to the Defendant for
redress, but his ecmplaints were treated with con-
tempt ; upon examining the record. it appeared that
the word cocered was omitted, and the Defendant's
Counsel were about to call for a nonsuit, when
Lord ELLENBOROUGH expressed a wish that the
matter might be settled to prevent further expehce
to the parties, and advised a reference: the parties
acquiesced, and it was referred to the Surgeon who
had attended the Plaintiff.
JONES r. CHARMS&
This was an action for goods sold and delivered
by the Plaintiff to the Defendant's vefe; it appeared
that Mrs. Chambers had at different times ordered
goods of the Plaintiff, who is an ironmonger in
Bond-street, amounting to 2131. Bs. 10.1. who
never doubting that he should be paid, and
being quite ignorant of her living apart from
her husband, did not hesitate to. execute her
orders. Upon application to the Defendant for
payment of his hill, he found out the parties had
been separated for some time, he therefure brought
his aftion aga;rist Mr. Chambers, who lodged the
sum of 91. in Court, being the amount of such goods
as had been ordered previous to their separation.
The first Witness proved the derive' y of the goods.
Mr. Stephen Cox, an Upholsterer, was then exa-
mined, and deposed, that he knew Mrs. Chambers
she had employed kim to furnish a house in a very
elegant stile, to paint and to paper it, kc. Oi, first
knowing her, he understood she was a widow, but
when he applied for payment of his bill, she treated
him with great contempt and derision, desiring him
to go to Mr. Chambers with it. Mr. C. upon being
presented with the account, told Witness to get his
goods as well as he could from her : he thereupon
went to Midfarm, near Huntingdon, where she then
resided, and took away his goods ; but to prevent
his taking the paper hangings, she go: a wet mop
and having thrust it up the chimney, she then daub•
ed it over the paper, and so rend. red it totally use-
less. He further stated, that in the house where she
lived then, were two bed-rooms contiguous to each
other, and that he heard and believed she and one
Captain Caulfield lived t -gether.
The next Witness deposed, that he bad known
Mr. Chambers some years, aad nhat he had been
twice separated from Mrs. Chambers, that he had
' known him pay several sums of money for her ;
some of which were debts c antrafted since their se-
' paration ; that they had six children living, four of
whom now resided with Mrs.- Chambers, and Cap-
Lain Caulfield.
Mr. RISKIN C most ably stated the case on the part
of the Defendant ; he said, that marriage tiring of
the first import to society, the law on that head was
firmly settled by a lor.g course of praftiee the con-
tended, that the husband %lAA no larger bound for
his wife in any debts the might cnntraa, than
while they cohabited together, that even if he turaed
her out, the person giving her credit, must do, it at
his own risque, but most particularly if she be liv-
ing in adultery with another person, as in the pre-
sent case.
Lord ELLINBOROUGH, having summed up the
evidence, observed, he felt but one great difficulty
in the case, and that made it a case different from
any he hal known heretofore : it appeared, that the
Defendant permitted four of his children to live
with the mother at this moment, and the qu-stion
was, 13y so doing, whether he left himself liable
to e debt; if these articles were beneficially fur-
nished for the husband, for the use of the children,
he appeared to acquiesce in it, and so far he made
himself liable, and sends a credit with her, by be.
ing privy to the children's residing with her ; if the
'ury should so think, they would find for the Plain-
tiff to a certain exte.t.—Verde & for Defendant.
rosiee AV LY
This was an adieu tor an assault. charging the
Defendant with bpsnia., in the Plaintiff's face. It
appeared they had been teeether at the King's Arms
Coffee-house. Oxford-stree:, when scene altercation
taking place, followed by a vol ey w I'sault and abuse
on both sides ; the Defendant went up to the Plain-
tiff, and putting his fist close to his face. said n will
you give me leave to knock you drown?" then putt-
ing one of his hands bchiad his back, be said, thoug's

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IIC was an old man, he' f 4int plAimiT:7eol,4 1
if he did not (least be would he frightened,' al ohs
which the other sputtered in his fare.
Mesas. Tina and Littlebo7, two (),lalt:rs, were
called as Witneves : they had been'tifotal3ht by cretin
a distance of :30 miler; and could tell nothing !beat
the matter.

Mr. G..saciw was proceeding. t0•-state the De-
fendant's case. wing he was interrupted by L.:l-d
EttErasosoutat, who observed he did got set Slty
necessity for taking up dui time of the Court longer :
'theta was no assault whatever proved, for II id the
Defendant even gives, the blow, he had previously
asked permission to do so, and in vomiting nut such
abuse on each other, he had not spit but sputtered
on him. Vevdid for the Defendant.
FILIDLING AND DANCING.

• SHAFT r. LEWIS.
This was an aliun brought against the Defendant
upon the ssatutt oaf the 25d of the King, seakin iii,
for keeping a disorderly house music and dancing,
without licence.

Mr. GARROW stated the case at great length, ex-
patiating upon the enormity of such praaices ;
these houses were, he said, receptacles for rogues.
pick-pockets, and Fitieves, nurseries for all sorts
of iniquity, where it is well known that no less
•than six peitons lately convifted of capital of-
fences used to &etude-nu The first Witness deposed
that he knew the Defendant at the Sun in Went-
worth-street ; that he went there on the evening of
the 2d of April last, and that there was fiddling
and dancing ; that he paid sixpence as his Subscrip•
too to the Defendant, who was selling rum to the
company ; that there were five or six couple dancing
what was called the Cushion D 0 cc, and the com-
pany altogether were not the most respeaable
Sarah Joulic, another .lewess, said she was at the
Defendant's at the time mentioned, and danced a lit-
tle ; that the Gentlemen treated the Ladies ; thought
the company were very good kind of people, and
would not swear she SAW any thing indecent in their
condua. She danced the Cashion Dance ; the gentle-
men always kissed the ladies when dancing it, the
right way is to lay down on a cushion and kiss
each other ; but this was too troublesome, and the
gentlemen only kneeled down and the ladies kissed
them. She said there was rum served about in the
room, and that Mr. Velasco served it ; the Jews
dare not drink any thing else in passover time.
Upon her cross-examination, she said she went with
her mother the second night to the dance, and took
her chance for a partner; they danced the Cvshi,m
Dlnet, but had not the precaution to have a blind
fi !dler.
Mr. LaSK I r, on the part of the Defendant, said,
he was ready to join his friend Mr. Gaaßow in ad-
mitting the great utility of the Ad trt Parliament
upon which this &Rion was brought; and how
much the public morals called for its iaterference
he WAS procee ling to state. where dais Aa applied
in the present case, when Lord Et aEN Boarocon ob-
served the Statute was a most excellenc`one, but
care must be taken how it is applied ; if the Defen-
dant had this room constantly open for public en-
tertainment, he was liable to the pains and penalties
of the Ad, but it appeared he had only the occa-
sional use of this room ; it was hired only for eight
Jays, duriag their festival, and therefore could not
be tweught within the meaning of the A.
Vercha foe the I.)ef.:l7dant.

MIDDLESEX SESSIONS, HICKS.' HALL,
BeflovArtLciitm MiktiowAßlNG. Erg. and ibe Brach
of Mtwara:es.

Den;el Lacyler and Thema, Lawler were indicted
for keeping a disorderly house, namely, a house
in which music and dancing encouraged persons to
assemble. The prosecution was commenced by
the Society for the Suppression of Vice, under the
Music and Dancing AR, passed in the 25th of (lea.
11. ; which subjeCts the parties, in case of convic-
tion, to a penalty of 1001. It appeared that the
Defendants, Daniel Lawler and his brother, kept a
is-foe:table house in Roll's Buildings, Chancery-
lane, where they taught dancing ; and, on certain
days, had 1 ball. The persons admitted upon such
occasions, purchased a ticket for half-a-guinea,
which i.ititled them to four admissions. On the 16th
of February last, two of the officers employed by
the Society for the Suppression of Vice, named Bun-
steed and Morgan, went to the Defendants, and
bought Tickets, after which they attended the As-
sembly ; and, on the 27th, the whole company, con-
sisting of tradesmen, young women, &c. were taken
into custody by the Police-Officers.
The evidence adduced for the prosecution could
not prove any irregularity of behaviour on the part
of those who assembled. They were all decent peo-
ple ; and the Defendants had never been known to
admit any of a contrary description ; or to occasion
the least disturbance in the neighbourhood.
Mr. Gus Nay, on the part of the defence, earl-
tended. that the Defendants could not come under
the Art of Parliament ; and cited the case of Ellis
v. Barra% as similar with the present. A got; tun
attion had been brought by a common informer
against the Defendant, for encouraging Dancing
and Music; and it having appeared that the House
WAS orderly, and none admitted but sae& persons,
Lord KEN os, who tried the cause, was of opinion,
the Defendant did not incur the penalty. It was
further argued, that the Society had sown an im-
proper zeal in bringing forward the prosecution.
Mr. MA iNwmemo observed, that no impropriety
of coriduet bad been proved against the Defendants s
the neighbourhood where they lived had not com-
plained of them upon any occasion; and if Lord
Kenyon had considered the circumstances of the
case alre.dy cited, such as the Defendants are not
accountable for, there was no want of decorum in
this, and the parties, upon such ground, ought to be
acquitted. _ _ _

The Jury pronounced both Not GuJy.
ASSAULT.

Joky Defter. a warchmin, and 11,chand Bander,
constable of the night in St. Giles's watch-house,
were indiaed for an assault and false imprisoanswat
cf Ge-rge Atkins, E.
'fbe Piusectitorstatei, that he lived in Russell-
square ; and on the 17th of March last, while return-
to Lis Lou,se obser ed 4 carriage at the end or
Little Queen-street, Long Acre, suircunded by
people, who appeared very tumultuous; witness
crossed over, ar..l found the carriage beionge.l to a
Mr. Askew, who said from the carriage in Wituess's

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"t sire I know that gentlemen
face," and at the same time, gave his card',' tabs r+
ff'there was any harm "inne, wit-ess rrti ht
poidt out whdru the carriage belonged to ; Witness
received the card, and walked on to Holborn, •
where the prisoner Dalton came up to, him' and s
I understand yon are the gentleman that
toot the card ()tit of the carriage, Dalton
roust give it
me;" irrivss reused. on which Dalton...l —d bas
eyes, and insisted on taking him to the watch-house; •
Warless went quietly, and• when they Iv t there.
Bentley, the odher prisoner, acted for the card, a d
on its being ref ised, said Witness should be kt.pt •
there till Monday. After Which, the? both laid
hold of him, tore.his coat, and thrust him into a
black holes he there found himself confined in the
rams disagreeable situation, with a companion,
whose noise andeeiravagaice of behavi.tur were dis-
gusting ; this companion, however, told him, that
the prisoners had confined him there to extort mo-
ney, and if he would offer them some, they would
let him out; he accordingly coesehted ail. note
through the key-hole, but they would not take it.
and shortly after Witness's servant tame, he wit
then liberated, after being confined from eleven un-
til one the nest morning.
William Hobbs, set vant to Mr Atkins, said, be
went to his master, and found him in the situation
before described.
Mr. Askew said, his carriage was stopped in con-
sequeriee of a tumult in Queen-street, on pretence
that it ran over a child ; but witness did not now
any person had been hurt.. The people were very
noisy witness gave his card to {several standee by,
and one to the prostcater, then passed on I the
mob cried t‘ Pull him nut out I" and
witness thoo'ght his life in danger.
Weeler, coachman to Mr. Ask:w4aid, be did not
run over any person to his knowledge. On the day
the mob stopped the carriage, he was driving from
Fleet-street up Chancery-lane, when he saw some
person on the tight side of his horses, but did not
know that the carriage or horses hurt him. A mob
followed aftersiratds to Little Queen-street, where
they stopped the carriage, and said a child had been
run over.
Several other witnessed stated the manner in which
the mob had stopped the coach.
The CR A I a te Am was of opinion the prisoners had
no right to take charge of the Prosecutor. The
Jury found the n Goiky, and the Court aentenced
Miton to 14 days imprisonment, and Ilistley to
seven.

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PROCLAMATION.—It having been humbly se..
F-esented to u; that the First-drawn Ticket,
To-mormw Mornin z v ill have a right to
Twenty Thousand Poon Is. this is strictly to charge
and command all our liege votaries; to purchase
either Tickets or Shares at any of our Lottery
Temples, on or berme that period, otherwise they
will experience our high dtspleasitre. Giden at the
Court of Plutus, this 14th day of May, 'BO4.
FORTUNE.
PRESENT 4T:ON OF Cototts.—The ten City Re
giments of Volunteers will, on Fri Jay next, receive
their Colours at Blackheath, and with what a light
heatt will the Volunteer march who is fortunate
enough to be the holder of the Ticket or Share that
shall be the first to march out of the Lottery
Wheel at Cooper s' Hall to-morrow morning.
Stoirrts4 Irostt.ticeircz.—The Derby Stakes
are to be ran fur to-morrow at Epsom. The bort*:
start at one o'clock, and great sport is expreled6
There are three favourites ; Mr. Wilson's, Lori
Darlington's, and Lord Egremnnt's colts ;—but
there is a more capital race to be run for at Coopers'
Hall in 13as:nghall-street: the great Lottery Pao-
met STAKES will be determined at nine o'clock,
and the proprietor of the ries t horse will be entitled
to Twenty Thousand Pounds. The odds are three
,to one in favour of the horse Punt tc.
PUBLIC BREAK r AST —To-morrow morning, pre-
cisely at nine o'clock, the Contra fors for the Lot-
tery give their public Breakfast at Coopers' Hall.
The company is expeSeJ to be exceedingly numer-
ous, as there were 18,000 cards issued.—A superb
present worth 20,0001. we understand, is to be dis-
tributed the first thing, and Tickets to entitle you
to this Due szwe to be had the whole of this day at
every Lottery Office.
The First-drawn Ticket tn.morrow morning is
entitled to 20,000/. whether Blank or Prize, and
should it be sold at either of BISH's Offices, Coro-
hill or Chlring Cross, the fortunate holders may
have the money immediately. Tickets and Shahs
are selling the whole of the day, and until to-mor-
row morning, nine o'clock, at the above Offices,
warranted undrawn.

The following are the leading feature, of tli•
Nee Grand Speaacle, at the ROYAL CIitCUS:
The scone lies in Normandy, in the fifteenth century, where,
ac ording to tradition Leopold, Names or LAsdle, during a
predriwy excursion of tradition,
00 beidawn gifts, tieing mrpneed,
he, hii Yasials and family, were twat thepuly burcnered ! An
i•ifant daughter, a 4 Du Val (a donathhe), by rti.acle on!7
escaping! his brother, to obtain the castle aid Prates, bribes
Du Val to diap teh the infant, as Meath bar t t his arnbrith,
to which he eart•ents; but his heart failing, he leaves her in
the wi 4 frown of Etrehait rn perish, and hi trait treat enders
night inhunualy ebandoas bee to bee fate The' lads to air
•iii.cinsi of toe usurper, who, -g the regal She Spectacle
w, toners, math his daughter Nina, are the ittpposed only
raid ng 11:11VIT01,1 .4 the fAmity.
A mutual attichment being firmed between Nina and St.
Valli, aglow lit., toy accident, tad Sean to him presorted
a secret conespondeitce iscarried ea hetet:en the lovers' what'
at length is d'acorered by the father ;fand -in the Duke of No,
etandy demanding the hand of PI nit. S. Vain% n not n.,4
dismissed the c.0.d.., but ha murky concerted by the Heron,
Dagnheit, and Clincher', and wttiertaltan by the ht.. litter is
the forest of Etr.han, where St. Valhi, to &own reflectioa,
Jujus them w a hunting pity.
Previous to this, Du Val, the intended murderer of the !at
&iron's Oa, hter, is (after some ran absence from hii nc,:e
c...untry, sin;•wreckeri en the cow, and his life lived by s)!1
Rabin rod Ahem his Yon : he ekes refue,, in their r itti4v;
the limier, driven by poverty, attempts t • oil. - he
is detected, Mid an expesition or Un Van's ris• norm n•rri lerds
to 'bestowal of h.s Garnet inhuntanit- unto hsi beet
ban' ascend, in the been of ftrelun, s:: I at, crab! the
-ascent a uesto.fil but apps-entry arils feel •.•• In it, cart-
eludes, in all Irelpa4ll.ol. it may he the seer intant rk, Tai
anatoloned, act"- meanies him in welch of her. A triewrof
the forest • use tee Wild (lid, with a favourite lase,
het tini% appears, the try of the -huntsmen Athos
her, an r• • their *AK-trance the not oaty peetneta herfamer•
tit .I. e< the life of bt. vaktri, unipleall attacked by the
furl .us Dagobert and tds eispetre. Tram thefts, pregarertudy
tercagb the pace, she evinces bit nen te ft* Menke sseijedi
by her uncle, and eat to fogad. by lee ample a doted, ter
incidents aria::; foam her pacifier ritualism and character, at
:enzth raiz. te.e -51 inetratnent of tendert* guilt
ar: 4:rtue ham;

1

NAVAL INTELLIGENCE.

1111STISL, MAY 14.
By a vessel arrived here from Valencia (Ireland),
infOrmation is received that a large vessel, supposed
to be a French frigate, is cruising on the N.W. coast.
Advice thereof had been sent to Bantry Bay, we
hope to the good effeCt of her being intercepted by
'some of our squadroa upon that station.
DEAL, MAY 15.
Arrived the Afonmouth man of war, from Ports-
. mouth, and sailed for Yarmouth.
Sailed the Jamaica and Champion frigates; Farr/
bomb; Dart, Orestes, and Ihietta sloops of war, on
a cruise, off Boulogne ; Perseus bomb, for Sheer-
:lcss ; Orpheus frigate, and King's Ftsber, sloop of
war, to the westward.—Wind S.S.W.
PORTSMOUTH, MAY 14.
Sailed the Mary, Ford, for the Bay of Roses.
Came into Harbour, the Stifotk armed ship.--
Wind S.S.E.
TAT.MOVTH, MAY 12.
a• The

Antli4 frigate, with the fleet under convoy
far the %Vest-Indies, appeared off this port, thi► day;
they were joined by the FO sloop of war, and seven
rail from ftence.--Wind variable.