The British Press; or, Morning Literary Advertiser.
London, England, 1804-12-15 00:00:00

LAW.

COIRT OF KING% BEND'', GUILDHALL, Dec. 14.
util-s at Piaci Friss:, &tore Lord Ehuretortoucia,
and *oat juries.
PLANTIMER v. SWARDOU.
This was an action of 'Troyer, to recover the
amount of crtain goods siped with the De-
kie.,„t, unde
er the followinhgp circumstances: A
qtrantity of calf skins were shipped on board the
jjaria. Capt. Aitell, by the Widow Gatsell and Co.
which goods were consigned to Messrs. Givers and
Bieck, in London, the circumstances of whose fail-
ure having come to the knowledge of Gatsell and
Ce. the goods were unshipped from on board the
Vera, and reshipped on board the Elworthy, Capt.
Swardoff, the present Defendant, which were then
tensioned to Messrs. Cecil and Stephens, of London.
:ET representatives of the first consignee, who were
the Plaintiffs in this anion, then demanded the
7ond, !rem the Defendant, pursuant to the invoice
ey had received. The second consignees likewise
. , mantled them ; but the Defendant would not then
deliver them to either, but deposited them in the
rands of Hall, the ship broker, who sold the goods
f a the best price current. He then filed a bill of
Viterpleeder in the usual manner, and lodged the
amount of the goods so sold in the Court of Chan-
cel. An issue was direted out of that Court to
try the question to whom the goods belonged ; but
rot bring properly direded, it went back tl the
Court ; and a difference of opinion having taken
place between the Chancellor and the Master of the
Rolls upon the subjed, and no new issue direded,
the cause came to be tried on die first question.
Ater a short ,tatement of those fads to the Jury,
by Counsel, the case turned upon a question of law,
which his Lordship thought necessary to reserve for
the opinion of the Court on a future day. The
ipiestion was whether the first shipment of the
goods was, or was not a sufficient consignmert of
them, so as to vest them in the first consignees, and
of course en:itle the Plaintiffs to recover ? or whether
the re-shipping them, and making a new invoice,
previous to their coming to the first consignees, did
not invalidate the first invoice ?
The Jury therefore found a verdict for the Plain-
tiffs, subject to the point saved.

St4ll'll v. c•ss.
This was an aaion to recover the sum of 1571.
10s. for money lent and advanced by the Plaintiff,
to the I/Oen:lanes use.
Mr. GA meow, as Counsel for the Plaintiff, stated,
that the Plaintiff was a very eminent hop-merchant,
in the Fiornugh ; sad the Defendant had been very
largely engagail in the tobacco trade. He had put.
chased a great quai.tity of that article, for which he
gave as security, a bill for 10.511. 2s. most of the
parties to whicn became bankrupts ; dividends were
paid, and various other proceedings had. In the
sequel, the Defendant fell into insolvency, and was
then engaged by Messrs. Price ai d Smith (the latter
of whom was the present Plaintiff) to trans.ia their
business relative to the hop trade, which he ac-
cordingly did for some time ; how-ever, in the end.
he was sued by Mr. Brandon, one of the indorsers
upon the bill, for 10,',11. 2s. and being at that time
iu the employment of Messrs. Price and Smith, he
received considetable assistance from them. Mr.
Davis, the agent tor Mr. Brandon, offered to with-
upon paratein of 1:10 guirwriurte
the Defendant, who applied to Messrs. Price and
Smith, to advance that sum, but the former wholly
refused to have any thing to say to the business ;
however, Mr. Smith, being disposed to keep the un-
fortunate Defendant's head above water, advanced
the money from his own private purse, which he
paid by a draft upon his banker. The draft was
signed PI ice and Smith; hut he had evidence to
chew, that although the cheques were drawn in the
name of the firm, yet the partners had their acceunts
regularly kept at home, when each debited or credit-
ed- the other for the drafts sent into the bank, so that,
upon this part of the case, the Defendant could
make no defence; and, as to the remainder, the
Learned Counsel could not conceive what defence
might be attempted to be set up.
Solomon Davis, the Agent of Mr Brandon,
proved this case, so far as reyeacd thaagree-
ment to take 150 gui.seas, arid the payment of
that sum by the Plaintiff. to W:Mille the De-
fendant.
Upon his cross-examination, he said, that Bran-
don proved the debt tinder die Commission,
against Stone; that he afterwards commenced an
tiion against the Defendant, and that he had all•
thotity from Stone to ieceive that suns for Brandon,
and to give Stone credit for it ; Stone afterwards gave
secutity for the balanci., hat he did not know :hat
that sum was in payment of a debt due from
Smith to Stone, nor could he take upon him to
say, wit:titer it was paid foe the Defendant or fur
Stoue.
Richard Green, the Plaintiff's Clesk, proved,
that the D:fendant seas employed by Price and
Smith, and had access at all tiipes to their books ;
the sum of 150 guineas was entered its the ledger
stains( the Defendant, while he was in the service
~t Price and Smith, and he might have seen it ; the
Par irers had no separate accounts at the Bank, but
all the cheques were of crowds settled in their pri-
vate hiker ; when he made this entry, he asked
Mr. Smith, on whose account it was paid ? and he
told him, on his out:.
Mr. Eitseitie, on the part of the Defendant,
st.ited to the Jury that the merits of the case were
these: As to tl:e hill, Ce chewer, acceptor, and
erdorsor, were all insolvent ; and, as to the trans-
aaion of the 150 guineas, the tart was, that it ori-
ginated in a gambling tratisaaion. A wager 1: id
beer. laid by Smith, the Plaintiff, with Stone, upon
the price of hops. this was an engagement which
the law, fur very wise reasons, did not allow; and,
therefor. it did not appear upon Stone's Commis-
mi. %ion of Bankruptcy ; the wager was lost by the
Plaintiff, to Stone. who, wishing to exonerate the
Defendant from the bill, proposed that the amount
of the wager should be paid to Davis, for Bran-
don ; in consequence of which, the Plaintiff rave the
cheque ; but not in the presence of the Defendant.
In the second glace, therefore. it was a voluntary
figment, m.ide in the ahsance of the Defendant,
and he was not, therefore. liable.
Mr. Stone stied, that he should have provided
for the hill himself, but could not at the time; he
had an honourable claim upon the Plaintiff for dif-

1

resent bets he won from him upon the price of hops
during the year. He held different notes of the
Plaintiff's for those bets, and proposed, that it the
Plaintiff would pay him the 130 guineas upon those
bets, he would not put the money is his own pocket,
but would pay Davis so much towards liquidating
the Defendant's debt; it was merely upon these ex-
press terms he paid the 150 guineas.
Oo hi-cross-examination by Mr. GARROW, no-
thing of a contradictory nature came out ; he sail
he had been a bankrupt, and afterwards an insol-
ent; he had only a few creditors, and the business
was easily done. Messrs. Wilson and Broad had been
agents to the commission, they were also employed
relative to his deed of composition ; they had been
friends of his, and transacted business for him pre-
vious to his bankruptcy.
Mr. GA RROW spoke at some length upon the evi-
dence ; after which, Lord Et. t. ENBOROUntt told the
Jury, that the whole matter depended upon what
credit they should give to the evidence of Wm.
Stone, who, thoug's they could not be much pleased
with the flippancy of his manner in giving his tes-
timony, yet, if they believed him, the action was not
maintainable, and they were bound to find for the
Defendant.
The jury, after retiring for near half an hour,
returned a verdift for the Defendant.

ISAACS r. HARRIS.
This was an action to recover the value of goods,
amounting to 1151. 10s. consigned by the Plaintiff
to the Defendant.

Mr. Gm% for th. Plaintiff, stated, that he was
a merchant residing at Koningsburgh, in Prussia,
and had consigned a quantity of linen goads to the
Defendant, for which he drew a bill upon him at
two months, in the usual way, and which he ex-
pected his correspondent would have duly honoured,
but the hill was returned in a letter, written in the
Hebrew, a langdage the Learned Counsel confessed
his ignorance of, in which the Defendant admitted
he had received the invoice and goods but
ras obliged to return the bill under protest
noa-acceptance, as he was sorry to in-
form the Plaintiff that one David Samuels had
attached the money in his hande by the process
of the Mayor's Court of London, for a debt due
by the Plaintiff to the said David Samuels. of
1041. 10s. This letter was dated the 25th of Sep-
tember. and, upon examination, it was found, that
the affidavit of debt made by Samuel, and which
was thebfoundation of the aftion in the Mayor's
Court, Was on the 11th of October following, so that
no such could be instituted at that time to attach the
money. He admitted, if the action had been brought
previous to the 25th of September, the present
aftion could not be maintained.
Mr. Glaris was proceeding to prove this case by
evidence when
Mr. Gseeow, on the part of the Defendant, de-
clared, that, under these circumstances, he did not
mean to contend the matter : the Defendant was a
most respeftable and eminent merchant, whose
only wish was, that it should not be supposed that
there was any collusion between hint and Fdaviod
Samuels. The fad was, that he had only been
served with a notice instead of the attachment at
that time, and he therefore did not then feel him-
self authorised to pay over this money.
A sum of 191. 2s. had be:n lodged in Court to
the credit of the cause, and the fury accordingly
found a verdtet of 9031. Itts.for the ttaihttlf.

COMMON PLEAS, GUI L DI4 %LC.
Sllliagt at Nue Prl6l, befi►e Mr. Jaisticr CEIAMBRI.

HINES 9. SANDMAN.

This aE►ion was bro.ight to recover a compensa-
tion in damages from the Defendant, he having kept
a dog which tore the Plaintiff's arm in so shock-
ing a manner, that he was confined for several
weeks. The damages were laid at 300 E
- - -

Serj Cocx Le stated the Plaintiff's case, and said,
that Ili, client was a working hatter ; the Defendant
a man of fortune, who kept, for his amusement, he
supposed, a dog, which, whenever he could get out
of the doors, would seize on the first person who
came in his way. His client, who was a hard worn k-
ing, honest man, had been, on the morning of the
2d of Oi!tober last, taking a walk, bell re he went to
his work, and happening to pass by the Defendant's
door in Queen'street, in the Borough, he met an old
ft iend of his, and was in the very sia of shaking
hands with him, when this dog ran across the street,
sprung upon his arm, and hung there ..ith so rough
eonstani.y, he could not be disenga,.ted from his fluid
till the piece was separated from his arm. The
Plaintiff was immediately taken to an hospital,
wbe'e he remained fur the space of thirteen weeks ;
during which tim?, he was not capable of earning a
single shilling, Although, being an extraordinary
good workman, he used to earn commonly three
guineas a week. The Defendant was applied to by
the friends of the Plaintiff, to make some compensa-
tion, which he totally refused.
Phair deposed. that in the month of
April, 1803, he was passing thmugh Queen-street,
in the Borough, that a dog came out of the De.
tendant's house. and made a leap at him, which he
parried off with his stick ; that he then made his
escape into a public house, but he could not say the
Defendant knew of his being attacked.
I henry Brett said, that passing by the Defendant's
house, the dog ran at him, and caught hi:ii by the
leg, but he did not inform the Defendant of it.
John Harper was servant to the Defendant : be
heard hint say that the dog bit the servant maid, but
that wai subsequent to his biting the Plaintiff ; he
was present when he bit the Plaintiff, he had him
out that morning; and that there was a little
dog with him : the Plaintiff spoke to the little dog,
and immediately the great dog seized him by the
arm : he did not know the dog was wicked. or he
should not have taken him out : his master was un-
acquainted with his taking it out, and the I),:ten-
dant had not had this dog for mire that sir weeks
at the time he bit the Plaintiff.
Serjcant Cocet t, not having any other witnesses
to produc-, said, lie would save the Court a great
deal of Mu.: and trouble : he was convinced there was
lint evidence suflt-icut before the Court, to shew, as
necessary, that the Defend int knew the dog was in
the habit of biting. Ili, client must, therefore, now
submit to be nonsuited, and commence a fresh &aim)
in the neat term. Plaintiff Nenswed.

SMITHPIELD C.4771,e tHEW.

The number of amateurs who flocked yesterday
to see the prize cattle was greater than on any
former occasion, and from about eleven till two
o'clock, Mr. Wootton's yard and premises, where
the cattle stand, was so thronged, that it was often
several minutes before the persons present could
move along, in their eagerness to vi..ov and handl:
the different cattle exhibited. Among the com-
pany present we noticed—
Gra.-e the Mika us. R•l.`or.l, L.rd Sonsersll., Laid
Giivray, Lord Wiliam Russell, Lend Aylesbury, Sir Josivilk
Ranks, Sir K. Layton, Sir William Curtis;
urge Brig, E•ct. M P. Robert Bviig, Esq. Charles Gordon
Gr-y, I:+q henry Hugh Hoare, Esq John Higgins,
John P R.ul, Esq R. 1.6 Mahon, E,q •••+•••• Child, Esq. Re,
Mr. Morris, Cu. Murray ;
Messrs Helmut, Edmunds, S. Davis, Es.ter, Lmehmore,
Astl,!y, Crooke, S. Chandler, Giblet, king, Praed, Plekiurd,
Perry, Laurem.e, Garrard, Collisige, Bellamy, Fares., J
Rogers, J.• Duckitt, Webber, Westcar, Reynolds,
Eyre S. Stone' Haneybourii, N. Stubbing., three William
Smolt., Pester, Sec. he..
We shall this day mention the pripe cattle, and
some few others which were particularly noticed,
and reserve any remarks on the others which were
exhibited, till Monday. In this review, we shall
take them as they stand in the yard, beginning on the
right hand, and proceeding up the yard, and down
again on the other side.
The first remarkable thing which struck us was,
that, although there were in former years so many
candidates for the prizes for fat pigs, no one had
sent to this shew any pig within the time limited,
and with the requisite registers of food, weight, &c.
and of course no prize is awarded for pigs. A
dark thin-haired Pig of the Essex breed, belonging to
Charles Western, Esq. which was shewn, had some
merit. And an excellent black thin haired pig of
the Hertfordshire breed, between eleven and twelve
months old, fed on beans and pease, was shewn.
In the first or lower stable, was a yellow-red Cow,
of the Holderness or short-horned Yorkshire breed,
very fat. Beyond this stable door stood two beau-
tiful small black-polled heifers, belonging to Alder-
Mill Curtis ; they attrafted a good deal of attention,
and so much resembled the Scotch or Galloway
breed of cattle, that the Earl of Galloway, who
examined tnem, seemed to consider them as of the
genuine breed of his country ; but Sir William
Curtis, who came soon after, stated, that they
were by a Devon bull, out of cows of the China
breed. Mr. Garrard, the cattle modeller, took di-
mensions and a drawing of one of these heifers, on
account of its great beadty.
We next came at a black Ox, of the North Wales
breed, four years old, which had been fed on grass
and hay, by Mr. Gilbert, of Leicestershire, for which
he is adjudged ten guineas, in Class V.; this animal
having gained the greatest comparative weight of
flesh, in a given time of feeding.
A yellow spoted Cow, very fat, of the short horned
breed, eight years old, having had rive calves,
which had been bred and fed on grass, hay, and
turnips, by Mr. Pickford, the second prize of ten
guineas in Class IV.
The next objeft of attention was a most beautiful
dark red Cow, of the Kent breed, eight years old,
which had borne five calves, bred by Mr. Monk, of
Romney Marsh, and which had been fed by the
Doke of Bedford, on oil cake, turnips, and hay.
'This gained the first prize of fifteen guineas in
CLv.s J V.
The MIS was a wall brindled Ox. of the Scotch
breed, five years old, bred by the Duchess of Gor-
dan, and fed on grass, hay and turnips, by the Duke
of Bedford. This gained the second prize of ten
guineas, in Class 111.
A red Ox, of the Scotch breed, four years old, bred
by M.. Rontledge, and fed with grass, hay, and tur-
nips, by Mr. King, gained the first prize of fifteen
guineas in Class 111.
A large light red Ox, of the Hereford breed, 6 years
old, bred by Mr. Tully, near Hereford, and fed on
grass, hay, and turnips, by Mr. Westcar, gained the
second prize of fifteen guineas in Class 11.
A dark dun Ox, of the trlamorgan and French
bo-ed, six years old, bred by the Duke of Bed-
ford, and fed by him on grass, hay, and turnips,
' gained the first prize of 25 guineas in Class 11.
We next came to the pen of Sheep : three new
Leketttrs, two years old, bred by Mr. Thomas
Westcar, of Woulaston, Oxfordshire, and fed on
grass by his bi other, the famous grazier, John
Westcar, to whom the prize in Class VII. of ten gui-

nests is awarded.
The next pen contained three new Leicester
Stu ep, one year old, bred and fed by Mr. Plaska, of
Oxfordshire, on grass and hay. They gained the
prize of ten guineas is Class VI.
Three South-down Sheep, two years old, fed on
grass, hay, and turnips, the property of the Duke
of Be2tOrJ, bred and fed on his Meriden Farm,
gained the prize of ten guineas in Class IX.
Three Soirth-down Sheep, one year old, fed nn
crass, hay, and turnips, belonging to the Duke of
Bedford, from his Madden farm, gained the prize
of 10 guineas in Class VIII.
After passing several other pens of Sheep, we
came to a large, spotted, light-red Os, very fat and
fine, of the Hereford breed-, seven years old, bred
by Mr. Tully, near Hereford, and fed on oil-cake,
by Mr. John Westear—this gained the principal
prize, or C 5 guineas, in Class I.
The next was a large red 01, of the Devon breed,
six years old, fed on oil cake, which had been bred
and fed by the Duko of Bedford . this gained the '2.1
prise, of fifteen guineas, in Class I.
The last beast on that side of the yard, wits a
handsome Ox, of the Tytherton breed (two parts
French, and one Scotch), only three years old,
which fell lame on the road, and did not arrive in
time to be a candidate for the prizes : it was bred
and fed by Thomas Crooke, of Tytherton.
Much discussion took place at this chew, betateen
different groupes or parties of Gentlemen on agri-
cultnral subje&s. Mr. Bellamy issued his notice of
a work published, on remedies for scowering and
other diseases of cattle. Mr. L terrence issued his
proposals for a work on the nature and management
of cattle in general. Mr. Smith, late of latial. now
of Buckingham-street, Adelphi, 'hewed his maps
and szaions of the strata of England.
After inspeeting the cattle, there was a meeting of
the Committee of the Smithfield Society, at the
Crown and Anchor, his Grace the Duke of Bedford
in the Chair ; Thomas Buckler, Esq the Rev.
Thurs. Plasket, and several other Gentlemen, were
admitted members of the Society, and sum. other