The British Press; or, Morning Literary Advertiser.
London, England, 1824-08-28 00:00:00

PANTIXO oCIC AND OTH 3.

Mr. Cies* opened the plc^tlings.
Mr. LUDLOW suited, that this was an action of trespass broiled
by the plaintiff against the decode:its, for taking away • quantity
of pork from his stall in ISunley tnaket, and afierwanla burning
it. The defendants had justifial this conduct, on the ground that
they were officers of the market, duly appointed to seize all un-
wholesome meat there exposed to sale, and that the meat in gun.
thin being bad and unfit for food, they seized it and burned it, as
they lawfully might ; but h . should prove that the meat was really
goal; and there sae great reason to suppose that the POLIATC sprung
front the charity of two rival butchers in the -UDC tor.
Richard Taylor stated—l was in Durably market on the 6th of
Ihrember. The plaintiff keep. a stall tilers to sell meat. I saw
the defendants conic into the market house and put the pork into
&aka. They took it to a place called the Bullseing, where they
burm it. The purple said it •fts a shame.
Samuel fails state, that he mold the pig to the plaintiff for LS
'hidings. That is a fair price for a said pig, atal tt gas a tit FL;
toe use, and stay healthy.
John Maidstor.e proud that he had assisted in killing the pig.
Joseph Clark stated—l was in Donley market on the 6th of
December. I saw the defendants tr.ke the meat to the Bull-ring and
burn it. It was good meat, and several otha peupk said so. The
plaintilisaid he hail bought the pig of Mr. Ihtvim.
Crosa-czanitned.—Two of the defendants are the eathotwers,
that is, officers of the market, whose duty it is to seize and burs'
all unwholesome meat which may be there espoused to sale.
Thomas li..dder stated—l saw the defendants come to the Oar.'
tire stall in the market. One of them took up a piece of pork
and held it to the nose of Ila-coek, and desired him to smell it ;
they then pat i: into a baskft, ad i-irried it at ty Bull.tirg,

• The plaintiff was trying, and the def.anlerd White pod, "It Is of
no useful )ou to ery. the meat shall be burnt, for ft Apt good.*
The plaintstrbaid he had bought the pig of Davis foe 33 Airlins,
which is a fair title:: and White mud it had been bought at
Gloucester, and had suet with an accident canting along, and thee:.
fore was not good.
Cress-examinedl.—l am a traveller, that is, a licensed hawker.
went to see sad bo seen, bk.:. thereat. They aski it stank, but it
was rerif Nolo. mill looked well.
Samuel Morgan stated that be saw some of the mew eaten. which
had seen in the dre at the Ilull.rIng; it appeared to be tlO,l.
Sarah Woodward stated. I am wife of a timelier, and attended
the market on the day in question ; I maw the meat taken ; I did
not see any of the meat, except • sparerib it WAS pod by the
look ; I know qrsod west ; I know when It stinks ; I have a goUd
nose ; I bare followed it thirty.three yeses.
llr. CROSS—Du you mean you have followed your nose, or fol-
lowed the meat t (A laugh.)
Witness--1 mean followed the meat business.
Aaron Risffiford, • Sheriff's officer, states), that he bought a
part of this pig; he did not like the part he first bought, as being
too fat.

Mr. Porn 4, a Magistrate, stated, that the partite came before
him on a complaint made before him by the plaintiff against the
defends:l, for the burning of the meat.
Mr. TAUNTOK stated, that the defendants were pikers ap.
pointed at the Cutlet beet to superintend the meat sold in the meat.
market, and to burn such as is unwholesome and unfit for food ;
and by the custom f that town, such burning, Live from time to
time taken place. The plaintiff on this record had not attempted
to cony this, but had only denied that the meat was bad. Iluvr.
ever. he sleald prove that it was so. The evidence only went to
prove that parts of the pig were good. as..l that it was not one entire
onus of tottenneas and putridity. The fact was, that the animal
had led a natural death by means of disease, and though some:
parts of it might to appearance look well, yet if the animal died of
disease, no p.m of it was fit for human food, and the defendants
were therefore justified in burning it, as they did. There was no
es idems that ally ong,ever tasted ally part of it ; if it find been
!good, souse of the mob would hare taken parts of It out of
the fire..

give Justice thi• meat were really unfit for human
f..od. these officers would not ha dune their duty at they had suf-
fered any one to cat ar.y pan of it.
Richard Atkins, a imsterinonger in the market, a man about Amor
fort high, int/ with piercing black eyes, and long booty arms, who
a ) t.d deal uminded us of the Black Dwarf, slated, that the meat
looked bad, and appeared as if the pig had died of the murrain ; it
was covered with spots* it was not wholesome meat. The plain-
tiff kept.wiping it as It lay on the stall. I palmist it out to ail
butc:nr named White, who smelled to it, and said, it stinks,"
and the Carboneers were sent for; they put it into a basket after
they had examined it. I saw it carried to the Bullring; it was
about :id or ILO pounds weight ; it was burnt. It stunk aloud. (A
laugh.) I could smell it live or six yards of, which was when I
stood ; it was unsound meat, not fit to be eaten.
Anne Trotman stated—l was in the market. I saw the meat,
and asked the price; he asked one 53d. • pound ; I told him I would
not buy it ;it sntelt very strong. I touched :t ; some part of It was
yellow, and some part green ; the head had a bad look. I don't
think it had been lento), but bad Med without; that is, of some
disorder; It was not lit to be sold. I saw the defendants come;
they are Ciobotieen. ,I told them they ought to do their duty.
Cross examined.--Five-pence halfpenny was a fair price fur good
meat. I have known AVlnte 20 years.
Re exstnined.—lle is a respektable man, and has beam in business
as a butcher for upwards of 20 years.
Joseph Nichol, said, I saw the meat on the plalutiß' stall; It
looked green in some parts, and parts of it were not sweet ; it was
not lit to be eaten.
William Oabb steted—l gin p butcher, and saw the meat; it
was green, and smelled badly. I consider it to have been unfit
for sale.
:dmund Goodrich, a eonstablek stataLA was applied to by the
defendants to take some meat; I went and we eased it; it was
partly green, and had yellow streaks ; one of the defendants gave
me a piece to smell to ; it was bad, and I refused to smell any
more ; it was nth for sale.
Peter Jobbins stated—The meat was very bad indeed; I have
been a Cabo:leer myself, and have often burnt meat not so bad.
Daniel Treace proved the same
Mr. IA: lit.•W replied.
Mr. Justice PAR I observed, that the only question of fact raised
by the pleading~ was, whether the meat was unwholesome and un.
fit for the food of man. The question was of great int
and it was a wise regulation that persons should be apt=
the prevention of the sale of bail meat, but they must still be held
to the due eleeUtiOn of their duty. His Lorip summed up the
whole of the evidence, au.l left it to the Jury to detaining, wbetha
or not the meat was fit for food.
Verdict for the plaintiff.—Damages, bL
CROIVN @IDE.
RrPre Mr. Justka LiTTIADAVIL
Thows Taylor, a very respectable-looking young mar, formerly
Bleak to Mr. Alderman Garret, of London, was inoirted for an.
beading the sum of seventeen pounds, which be had received of
Mrs. Catherine Fleetwood, of Chchaihaui, for the use of his
Tatter.

The prisoner pleaded Guilty.
Mr. Justice Mr r tenetr advised the COTICT to nesidder what
he did, as it could wake no difference whet be was fettad
ur pleaded guilty.
The prisoner said he was rateful to his Lordship. but be must
persist In his plea, and he did so by the advice of hie friends es
well as by his own inclination.
Mr. Caoss, his Counsel, said be bad witusassa to bis cha-
racter.
The Learned JVDOII said, he doubted, if the Owner was not
tried. whether witnesses to character could be called.
Mr. CVRWOOD and Mr. C. Puns-res. the Counsel for the
prosecution, stated, that they had known it done at the Old
Bailey.
The prisoner's Mesa " Guilty" was then recorded. and several
Jitney "gave him an excellent character, one of whom acid, that
he had such an opinion of the prisoner's honesty, that he firmly
believed, that if he had received any money, and had not accounted
for it, he must have expended it fur the benefit of hie master, Al-
derman Garret

)Jr. C. PHILA./ rs —lf the money had CYR been applied In any
way for the benefit of Mr. Alderman Wrest, be would not have
thoug:.t of commencing a prosecution ; and, besides, the prisoner
has. by his plea, confessed that he has embezzled it.
Mr. CUBWOOD said, that the Alderman did not Man to press
for a severe sentence; he only commenced the propecuiloo as •
public duty.
The Learned Jrnoz intimated, that he should considtr of the
sentence, and the prisoner was removed from the hag.

NORTHERN CIRCUIT.

;D ASSIZES-CAILISLZ, AUGUST S.S.

Tule SE it nox.—This day the Judges proeteded to the f'athedzal
Church of St. Mary, where Divine 3erriee was performed by the
Rev. John Faucitt, of the parish of St. Cuthbert, from the 6th
chaptFr of St. Luke. 27th verse:—" But I say unto you, love your
enemies; do good to them which hate you."
On their return from Church, Mr. Justice BAYL CY charged the
Urand Jury, of which Lord Lowther was fotcmaus land the busi-
ness of the Assizes commenced.
CROWN SIDE.
Prf:,re Sir Joust BAY LEY, rat.
Christopher Dixon, aged 31, stood charged with feloniously
stealing and carrying away, in the parish of I snercost, various
household artkles aud wearing appard, the property of J. Howard
and others.

There were two Indictments against the prisoner. On the first he
was Acquitted. Re was afterwards tried on the second.
Mr. A tdrafirtuta stated the ease on tile part of the Crawl;
after which the beamed Gentleman called several witnivoses, who
proved that the articles which he was charged with stealing were
found in his pigry in a dirty state.
The Learned Jt:Doic charged the Jury, who Nought in a verdict
of Not Gnqty,
JODOE—Prisoner, the Jury have brought in a err- proper ver-
dict, founded on the good character given you by your landlady,
but take great can that your future conduct deserves it.
William Strong, aged 21, and Isaac Masson, aged 21. stood
charged with assaulting John Ward, of Itrneklehank, on the King's
highway, in the parish of Caldbeck, and feloniously taking frau I
his person • pocket-book containing notes value lIL and a ',colitis-
sory note for 6/.
Mr. Cot' RT XTT stated The indictment, and called
The rrosecutor. John 'it'urd—He lire, at Brocklebank ; on the
2611 of March he had been then; he wns rrarning home *boot
evening; there is a common there; he heard wine persons coming;
he said nothing; they overtook him out the side of the common •
one took hold of him ; there were two persons ; I said..—•• Lade:
what are you wanting with me ?" I knew them ; I knew only
one at that time; that was William St-ong; he said to Illaysor—
" Give me hold of that pistol, and I will blow your brains out it
you say another word ;" he rattled him down ' • threw him down.
By
i the JVDGE—There was no pistol produced?
'4 tiess—No. lle ook lois pocket-b.ook ; eight Leith 11. notes,
and a promissory note for GL Maroon did not come rear him;'
lie dill not do anything; he was two or three yards otr: I said,
•• If you will give me the book, I will give each of you a cone,
as there is something in it th.t I can't do well without." They
said noshing more, and went away together; they went the eon-
teary way they Caine; he had known Strong four or fire years
before, but only by sight; is sure the prisoners are the sante ;
he it J not tell the risonetv he knew them at that time; this was
in Caldbeek.

By the JuDot to the prisoners—Do you wish to ask any ques-
tion ?—No-

Henry Robinson—lle is a coustable; !.. received a warvar.t from
SVord to take up the prisoners; he took a man of the name of Han-
son with him; one was on the high road; that was Strong; it was
a village. 1 said 1 had a warrant of John Ward to take him up for
robbiws him of some money ; he said very well, he s old go with
toe where' I liked. 1 took him to ar. inn St Caldbccic, where 12
sopped all night ; he said nothing material about himself; he tedk
Matson near the same time; belch Strong in Vl'acitoWs ptiLlie-house,
aril then afterwards took 51ayson ; he took him in Seveniliani
p I-
rish, in a field ; there were a good many persons ;here; there was a
crock-light ; I said 1 had a warrant, and he must go with we; Isa'd
it was for money he Itsi p t; 1 took hilts to where the tither pri-
turner was; he said if 1 woull let him go out he would give me the
moaev ; this was on the 2d April, in time evening ; he said he would
give nit the share of the money he had got; be did net mention what
wi ; I went with imam to where he resided ; it was in l'aldiseck ;
he gave me U. Ss. ; I gave it to the prosecutor afterwards Le
said that was his share tit the niorey he got, and stroeg gate it to
him ail but (is. : he brou,,la .I!weson hack to I:ere Strong was; it
was 14 10:1.; saia-- 1 sn.ay as w:..1 g, wrie

I Doi i" hi &lila, and I went tries trim t M kind it is as out-
house ; I stay with him; he gars ate 111. dry Mttr aallatliat 1
might give It to John Want ; they said nothing oregmailersr left-
new is not a regular constableon% recollect they ' bow they
core to do it___

By the Juttot—Witness went and Haman too ; he gem all
the mime, to Ward • they both said they had been is that
bight ; they scented rue what they bad done.
By the Ju noE—They gave nu reason, only Strong said he was
in !Newt; or he should not have dune it.
Richard Hanson—He was present when they were taken up ;
Strong said first be was not guilty ; sheered hum the money thin
use gut from Alaymn • he then said if I would go with him he
smithd get us what he lad ; he said be was in liquor, a be would
not have done so.

The prisoners asked no question.
Joim Ward recalled—lie received the money from the witness
that is the. money produced ; it is our money; not by mu' re
knows ; lie bet eight such notes.
Ily the JUDGE—Why not tyke them up before the 21 Aped P
Vi'itnest--1 thought they would bring tile them again; be never
got his IL note again.
The prisoners, in their def.nce, said, that the taKiestable told them
they would let them free if they gave them the motley.
Robinson called by the Juno?—He did not set that he wattid
let then) of if they would dive up the money.
The prosecutor recalled—lie never said en.
The prisoners called several witnesses as to ebararter.
John Ridley—lfe is • weaver, and reside' at CaMbeck ; had
lived there eieturnyears, and he is flaw a weaver ; be knows than
both about eight years; Strong was always Industrious and honest
he is a sober man ; 4as known him since 1806. and the otter (rent
his childhood—he • always L. hared himself well and honestly. f f
Mr. 'Ward had hell his tongue, he would nut have lost his-money.
By the Jonas—lids you hear Lim say se—No.
The Junoa recalled the prosecutor—lle had been drinking at
the paidic.house, and was something the worse fur it.
lies Lonnst;;p chirged the ..fury, and said the ease was dif-
ferent as to Stro.g and Mays= ; but if they should think that
illayson was there aiding and assisting the other, then lie was
equally guilty in law with the other.
Verdict—Gailty—Death. Sentence deferred.
There is ne case of interest on the Nisi Prins side, and only
twelve causes entered, six of which are ejectment*.
DONNYBROOK FAIR.