The British Press; or, Morning Literary Advertiser.
London, England, 1807-12-11 00:00:00

WAY MOUT H, Dic. 7.

The entertainment given by Mrs. Byars, on
Tuesday List. was most superb ; it was attended ►y
great part of the nobility and gentry of this town
and neighbourhood. and condJaed in that style of
elegance for which Mrs. Byam is so gracefully en-
dowed, in contributing to the happiness and gratifi.
cation of her Friends.

To add to the hilarity of the scene, amateurs ti
the party gave several dueu and trios in a mast
charming style.
Mrs. Byars delighted the company with play-
ing a beautiful pi,:ce on the piano-fiii tie, and Miss
llagenal performed a duet on the harp and piano-
forte, with vet y great applause. The Hon. T. West,
Miss Phipps, and Mr. Vertu, sang several duets
and ;ices, much to tie gratification •t the Corms-
scent,. The party separated at • very late hour,
highly charmed with the fee.
Notwithstanding we have had several departures
in the course of the last month, much genteel cow:
pany still remain.
The amusements consequently increase. Cart-
wright has been here this fortnight, exhibiting his
wonderful execution on the: musical glasses. and
ingenious display of philosophical tire-works, at
Harvey's Rooms. His merits are too well known
It the public to need any further panegyric or com-
ment, but that his exertions have haers crowned
with that distinguished applause and support he so
highly deserved. He proceeds tram hence to
Guernsey.
Our Balls are well atunded. and the Theatre on
Saturday evening was the most crowded since Mr.
Lee opened it. G• neml Cotton and the Officers of
the garrison, Sir William and Lady Prescott, eke.
occupied the King's box. Mrs. Byarn patronised
the performances, whits were The tor- nines,
and Of Apt To-morrow.
The Manager's receipts at this town and Dor-
chester have proved a Golden 1,,g. Under such
:attains at the Eirl of Dorchester, Earl Digby,
Mr. M. Pitt, and Mr. Bankes, his endeavours can-
not fail of being crowned with success.
Much genteel company still iensaia here r among
our late arrivals are—
Sir George Prescott, Lady Prescott. Mr, di.hnstone, Mr.
J. StiltelMl4l, Mr. and Mrs. J. 41.ahani, Mrs. Woadell, Miss
bring, Csatoin Macalaster, Mr. Croinptoo, Mr. &Menne,
Mrs R. Snow, Captain Buchanan, Mr. !I town, Mr. Mrs.
and MIN Crlattl.l6ll6lll, Carew Stosted, Mr. Hackett, Mr.
&any, Mrs Culthurst. too Miss actlnills, Mr. White,
Stimuli, Mr. Cape! Cu,., Res. J Iluneknetl. Mrs. Forster,
Ms* Gunrin, Mr. Rodoard, Mr. Morley, Mr. Richardson,
Mr. &rens, Mr. arid Mrs. Mew, Mr. Arthur, ll..aeurable
Mrs. Fan., Mr. GAIIAg4O. Mr. U. S. Curtis, Mrs. Nasal,
Mts. Taylor, Mr. C. Buxton, Mt. lir.,thea,tc, &c.

The squadron under Admiral 0 r srA • is sup.
poled to be stationed at St. Helen's, under the ides
that the Russian squadron may escape from the
Tagus. This 'opposition has been sttengthened by
the circumstance of none of the ships that com-
pose Admiral Orwa•'s squadron brine able in
their present slate to go W sea lot mate tbaa a
week.

LA* INTELLI77ENCE.

CGUILT OP LING'S SYNCH, GUILDHALL, Die. to.
dittags at Nisi Prigs i4ore Lord Chuf .1401 kt
Ecr.cNsosoucr.

CAMPION P. siIOIT.
The ATTORMtIy-GINtttAL stated that this WAS
an :refine brought by the Plaintiff, a whole:ale
grocer, in Lon.lon, for 1121. lig. 10d. being the
amount for groceries sent td Defendant, a grocer in
Salisbury, bf his order.
The substance of the case was, that the Plaintiff's
rider or agent Defendants and he gave
him an order for 100 lumps of sugar, 2 hogsheads
of sugar, 100 weight of praises, to be sent by the
barge, and a bat of plums, to be sent by the wag-
gon ; they were sent as direded, except the 100
[limps of sugar, which Plaintiff hid not at the
time; the Defendant refused receiving any of the
articles except the plums, and his reason for
not receiving them was, as the lumps of sugar did
not come, he did not think himself compelled to
take any of the articles that time by water.
Mr. Thorns, Campion proved the getting of the
order from Defend rot, at Salisbury.
Jame: Saunders proved the delivery of the goods
on board of the barge.
Richard Curden proved, that the goods came to
Salisbury, and that the Defendant refused to receive
them.

Lord Etta/maw:an was of opinion, that the
Plaintiff should have a verdift, as it was not proved,
on th- part of the Detendsnt, that it was a spscitic
agreement, conditioning, that it all thy articles or-
dered did not come, nose would be received.

I.le Jur y returned a verdld fur tile Plaintiff. 1121.
116. 10d.

ASSAULTS.
JOHN lENJANIIN AND Wllll, V CONDISLIV.
This was an *dim), brought by the Plair.effs
against the Defendant. for an assault.
Elizabeth Herbert: proved, that the Plaintiffs
were fish-mongeri. and had lodged in Defendant's
hou,e ; that en the 15:11 oftoelober last, Plaintiffs
had eater in a tub for washing and cleaning fish,
the Defeadar.t upset it. Mr. Benjamin was nut,
Mrs. Benjamin had it elledegain, on which Defend-
ant went to upset it again; the Plaintiff's wife went
to prevent him, on which he pushed her into the
tub, hurt her arm. and wet her all over. Witness
was obliged to'apply a poultice to her arm for a
fortnight; and witness believed she had the marks
yet. Mr. Benjamin came home, and Defendant
kno.lied him down; and on Plaintiff's wife asking
him, as is was reasonable to do. Deteniant pulled
her nose, spit in her face, and called her a Jew
strumpet.
On being cross-examined by Mr. PARK, she said,
Mrs. Benjamin did abuse Defendant. but not quite
so much as he.. did her; nor did n)t use the same
kind of low language.
The Arroitricv-Ganws, for the Defendant.
exclaimed against the Agent that urged the bring-
ing of such an aaioa into that Court. it was stiame-
ftil that two fishmongers could net be indulged
with what, among them, is nut uncommon, and
happened every day at Billingsgate, and is as often
made up over a little Holland'; it was cruel to
boils parties, a: he was confident the Jury would
not give damages for more than one shilling,
which would oblige both parties to pay their own
costs.

The Jury returned a Verdia of one shilling
dassAges.

COURT OF COMMON PLEAS, Gus L , Dsc 10.

Jutioss at Ai): Prrar, brfire Lord C4ief Jas:ire
MAIM. f I b, LD.
WILD D. ♦YL.IDOI.
This Was an attion to recover the price of a
mare, sob] by the Defendant to the Plai,,off on a
War r Amy.

birjeam Bete, on the part of the Plaintiff; stated,
that this was an affirm brought to recover 241. the
price of she mare is question. The PLaintid wish-
ing to make a tour tnrougli Wales, and so.oe of
the inland counties, Last summer, bought this mare
from the Defendant, who warranted her wood, ex-
cepting a splinter on the tore-leg. Atter Ylaintiff
had bought her, he and his wife set off on their
excursion, and proceeded as far as Beaconsfield ; the
first day, they travelled at a very moderate rate,
but they found that in ascending a kill the mare
t;ocame quite musical, :she not only proved to be a
roarer but also to be a piper, for the noise she made
was so great, as to draw the people in the houses on
the road side out, to know what was the matter ;
they /proceeded as far as a turnpike-gate, about •
mile and a half from Beaconthehl, whim the mire's
musical notes became se s &Knave clot they were
obliged to return: when Plaintiff arrived in town
he took the mare to Defendant, who refused to
Lire her back, and this 'Mon was brought to us-
cover the price paid, she being unsound.
It appeased from the evidence, that the Plaintiff,
wheel he bought the mare, was accompanied by a
friend, who nas rode her several times since, and
who proved the warranty, and also that she made
a very great noire.

William Orange, one of the turnpike-gate.keep-
erh beyond Beaconsfield, remembered the mare
passing througN his gate, her wind was very bad,
and me noise she made was so great as to be heard
considerable distance, Ware she reached the
gate.
Mr. Hawe, a livery stable keeper, at whose sta-
bles the mare has been, singe Defendant refused to
take her back. deposed,that 1 erode her several times,
has no doubt her wind is completely gone ; he
thinks she is both a per and a rearm.
Several other persons proved the ma re to be cam.
pletely unsound.
A defence was set up, that Defendant did not
warrant the mare sound, and two with were
examii,ed to prove the tea, but they nut having
been present at the time she was warranted, ills ir
evidence wet of no service.

The Jury returned a verdift for Plaintiff—Da-
mages CIL 10s. and costs, and 17s. (id. par seek, for
the amp of the mare.
ALAND I. Algal.
This was an anion to recover A compensation in
damages G ran +mann.
the Plaintiff is a stable•keepar, in Holborn, and
the Defendant,* publican, in Dean-attest. Soho.
It appeared trout the evade:am flUlareeral Wit-

~.

twists, that a person of the name Of Harding 11;1
plied to the Plaintiff to hire a one-horse chase for
the Defendant on the 14th June. In the evening,
Plaintiff SAW the Defendant drive through PlA*itir,
at a most furious rate, with bye personsh in the gig;
he immediately ran after the chaise, which turned
tra Red Lion.street, and stepped at the. Red Lim
public-houee, when Plaintiff espoinulat.d 'w:th fa
fendaat for using h:s horse and chaise so very ii: t
Defendant answered, he bad hired the chassis. and
would do as he pleased with it ; abused Plaintiff
very much, and jumped out, a-id seized hold of h m
by the neckhandkerchirf, at the saints time ahakirg
him with great violence ; several persons begged ut
the De-endaut to Is t go his hold ; fie replied, he
would rather lose his life than his hold ; Plaintiff
was thaggrd int..) the Red Lion, red the door sou,,
and while in the house he cried " murder." A h:-
tk time atter he cams out ; his shirt was moth
torn ; there was blood upon his face and clot' "- •
he appeared very much hurt ; was seen ho
and a few. minutes alter Detendant cams o, ,
and not seeing the Plaintiff, he and two otter:
persons went to Plaintiff's house is inquire if there
WAS any damage done to the gig ? when at Plaintiffs
he made such a noise. that Mis. Bland begged of
him to be quiet, as one of her children was dying ;
but her request had no efred ; when one of the
persons, who: accompanied Defendant in encloaeretar-
ing to keep him quiet, was knocked down by him,
..vurn they fought four or five rounds through the
yard ; Plaintiff immediately went for a was Iner.
and had Defendant taken into custody, who appear-
ed to be drunk. the chaise was very high, being
what is denominated a telegraph gig.
Serjeant St/MOM) stated the c.-se on the part
of the Defendant; several witnesses deposed, that
when Defendant was stepping out of the gig,
Plaintiff laid hold of him by the collar, when a scuf-
fle ensued, in which Plaintiff was worsted, and that
three of the five persona were children of De-
fendant, of the age of five, six, and seven years,
ail tan be bad brought from his house in Dean-
at:Teti, to Red Linn-street, to give the children s
ricic. A. person ut the name of Martin, who ac-
companied Defendant to the country, admitted he
was vet,. fresh.
Mr. Serjeant Bast, in animadverting upon the
evidence in hircur of the Defendant, said, he dared
to say that the witness Martin, as he had parti-
cipated in the expenses as well at the pleasures of
day, in company with Defendant. eil also C3,ilSi-
bute the aisittstitt of his purse to Betray the es-
penses of this edam.
•

Serjeant Summer) observed, hit Lamellar
Brother was stating as a fad what did not appellee&
evidence ; if be had had any suspicions of the kinds
the better way would have boon to hay,: asked the
vtitness the question.
Serieant Barr replied, he did not mean to state
it %%as a tart, he only interred it, and he said he had
a right to draw such an inference, and appealed to
the Jury whether he had done is or not ! •
Sir Jaues Massvrar.D said. he was sorry to sew
it bad become coo much the praCtice of Counsel to
dr.tw inferences whicn were not proved, and agrerd
with Serjeant Shepherd a. to its being the better
way to have asked tile wit aess the question.
Atter a very animated address horn Serjeant
BIST, the Jury teLumti a vac's& for Plamutfin.
1111%C.; twi.

COURT OF CHANCEktY—Dac. 10.

Es-parte M•C Ka Y, • Benkrept.
This was aii application founded upon the pe-
tition of the Bankrupt, praying the Court to dis-
charge a Mr. Woods, a tea-dealer in Holland-
streer, B!ack:riar's-road, from the situation of As.
signee, having firrt ordered him to account for all
sums of money, which he hail, in right of that trust.
either received or paid, both as well on his account
as on that of his Co-Assiguee, a Mr. John Mi-
chael.

Mr. Moartioue, on the part of the Petitioner.
Mackey, begged leave to draw the attentio.: of las
Lordship to a review of all the circumstances at-
tending this unprecedented transattion, horn the
peii..d when the Petitioner first engaged lathe cos-
cetn, until the present application.
Such a retrospea would fully exhibit totheCr.urt
the unjustitiablY manner in which the PetitionYr was
treated, and would, he was sure, inapiess upon his
Lordship the absolete necessity of rescuing an ex-
cellent and untbrtunate man from the fraudu!ent
contrivances of seen who had dared to obtain, by
stratagem and device, the property of the Petitioners
and to turn it to their own purperses and advantage.
The Petitioner had long resided, as it very respezta-
ble surgeon, at Lwishaini, in Kent. In consequence
of ill health, he was obliged to resign his protessiou•
al duties; but, having a large family of eight chili.
dren to maintain, be was very anxious to employ
the capital which he had industriously earned by
the exercise of his professional avocations, is the
carrying on of some other busies's, where an alive
partner was engaged. Uotortnnately for him, he
tell into the hands of a very improper nelson, of the
name of Davis, with whom he formed et connedion.
wafer tke firm or Davis and Mackey, coffee-dealers,
in Pitiipotilane. He hid not been long in that con-
cern, when he was wrested on a Bill of F.:change
for one hundred and odd pounds. drawn by a pun
ran named MiMichiel, and accepted by his partner
Davis, without his privity or consent. When he
had p. id this bill, as was very natural, he took Os
necessary means of dissolving a partnership that
had commenced under such inauspicious and un-
evened occurrences ; and having that um
acceptance be bed paid wm met sly given for
accommodation purposes, he arrested SileMscharl
foe its amount. M'Michael, conscious of the
justice of the aetiol, paid to th: Peti:acner tte•
410447. Soon atter the dissolution of the pelmet..
ship, and when Mr. Mackey had retired with as
Dana loss of .5001 from the capital with wLich
embarked in this concern, he was .!gairk aston.sht
by an application, on the part in M.Nlichael, fur
the paystosut of &cecina, ce of tits late partner.
given ender similar circumstances as toe previous
one. line he refused to pay, 1,4 Mr. hlicn 1
proceeded to realise 4 meow., h hat m.de f
isaaing out • co:omission t I:•olrup.cy against t 1 •
cute of Ltaivis and Atackey. la the menu tithe.
the brat person absconded. and at toe first meeting
before the Cornansiaon, only two creditots attended,
viz. til,Michael,, the petitioning cieditor. an+.
Masers -- a "

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