The British Press; or, Morning Literary Advertiser.
London, England, 1824-12-17 00:00:00

RI-I.L AWll_•%nTsare V. COWL

Mr. C• 11 PIM I. I. opet:ed the pleadings
Mr. :Sergeant Vat'uitan addressed the Jury on the part of the
Plaintiff. This was au action brought by the plaintiffs against
the ilerctulaiiti fur a fir-oh of contract in supplying bad and dete-
'Termed bread. ingtegul of loreml of a good and niatartable
The plaintiff:4 were owners of the ship Copernicus, which was
&hunt to take a voyage Cu, the:caul' Sea, anti had agreed with the
defendant to supply it with bread (biscuits). The quanti.y of bread
was eleven eat. It was placed in bags, and some of it. the
greater part. was stowid tip in casks. in their voyage outward.
they had not eorie farther t'utn Teneriffe, when they discovered
that the bread la the risks waii of a Intl Reality. The biscuits at
the top anti Lu tom and Ott the sides were good, but tint In the
centre were st lie and tii•fit for use. They were unite yellow and
crumbling to dos:, sit the heads and wings of cork-machos end
other insects were found in it. It was so bad. italeed, as to he
(rued unlit for the pips. The men fora time were placed on short
all mance. and the gicmist irconvciticocc would have resulted
at re it not that they tell in with his Majesty's ship :he Antirio
which supplied them with 10111160 a bread mail they
reeled St. Helena, where they were obliged to get a fresh supply.
The men naturally exclaimed against this treatment, and a•tribitt
it to the OVIOCOI; it was to wipe off such an imputation that min-
filially induced them to bring the present action. They were un-
willing to be suspected of stippl, hug men who were to be engaged
in the Whale Fishery in The Su talb Sell with unwholesome biscuits,
than whisk nothing cimlti he worse. Shakespeare ltd said that
nothing was so had *• as the remainder biscuit after a voyage."
lie was unwilling to impute the fraud to the respectable defendant
in the present case ; it might hare been occasioned by the neglect
Or some of his ',manta, but at all events, he was desirous of clear-
ing the character of the plaint iffit front tow participation in the mai-
treattnent of the men who had embarked on a long and difficult
towage.
l'he following witnesses were then called:—

Captain :14tiregr.r.--IVitnes ia Captain of the Copernicus.
1A.1.1!011 Vi:4 the port of outfit for the voyage. The defendant.
who was a bincuit-Iniket, came to him, and applied to simply the
ship with bread for the voyage. Ile further informed butt that he
had a few iris of wale and old bread, and that he would simply it
at a reiluere. price. Ile (the witness) said that he would mention
his application to the owner, of the ship. Accordingly he did so,
sod the defendant gut the supply of half the bread of the ship.
The wan supplied by a biseutt-baker of the statue
I 'ampion. The 11411111 M% of the owners of the ship were, that the
bread should be of the best quality, and they would not take 1,11
any tee.4ltit the old bread. Some of the bread was in beg,. ; the
wher tof at was packed up in casks. It SVCS sold anti delivered
sfi r,"11 Ou the I Ith of February he hail ore:isnot to n‘e it
on ;toad. :11• bi,Cllll, which were iu :Lc bag" were 5t..,1
le.y -.of a. a quali,y nearly as that of :W.l.:imp:oN w!ile.i
ell rood. The basenjis at the top and bottom of the ess:is were
also g.. 0.1, be. those in the centre were bad. it suggested Itself to
the wittiest th.o these ir,re the biscuits of which the th-te,.‘!...id bed
spoken to bin. iu the first shimmer. The good Itineuits were et.trked
with the Etter I. :he bad biscuits had 110 mark at all. emisks
stir, green and yellow, sal of a variety of cutout. It like
an old Ilarcelotta nut.

The eti t: r .lcrru E supgestill that the Jury ni;ithi no litre
Listed a IL!reeluila nut; the witness had better explain schi.t
!IC meant by it.
T'.:e witness said, that it wss extremely litter. There were the
h.wils told wings of cock-ruches Intind in A. It could not ha
eteararteti tlisse insects in the voyage outwards. The e: as in
h the biseui:s acre packat were well coopered. The toi.,rti-
ens tell in anti the A ndinoisclie in the ;Sown Seas; Irani hot they
4ot eleven Ltootted moots of bread, and they furthor rot twenty
eat. inure of biscuits RI St. Ileletia. Tiowe Liscuiis tiaat were nut
good woe thrown overNr.ird.
• ' "'' . .

Cross.enainined--Wittwa.S did rot bring any wimple of tin. his.
mita into Cour. as he was not aware that a question rrsimeting
them 'mild he ti:seusird !axe. Ile did nut enter a de,erilition of
then in the ►ng.httol when hr found them had ; he did nor hear
that the vessel which he cusiiniamdod had been oil a voyage before
to the %Vest Indies.

The first and second maim of the (7opernicits, and the cooper and
cook (a man of colour), corroborated the Captain's testimony.
They were oil consistent in deposing as to tln• bad quality of t:ie
bisewita, sad that cock•ruches were ham: luilungst them. Vac of

THE BRITISH PRESS.

the witness's dueriberl deter u being crumbled, and lnoking like
snuff, and another said it ssu like the flower of mustard.

Mr. Sergeant Wit 14, appeared on behalf of the defendant. Ile
might get rid of the ease altogether by submitting a point of law to
the Court; but In a case where so many considerations of honesty
and humanity arose, and where a chiage of so n nature as
that of supplying a ship's crew, who were about to embark on a
long and perilous voyage, with had bread, for the sake of the
character of his client he would prJer to have the case disposed of
on the facts. Ile beced to call the attention of the Jury to an
omission on the part of the plaintiff's to give any sample of the
bread of which they so much complained. If it was tut bad as it
had been described, the Jury might at least be furnished with an
opportunity of seeing it and judging for themselves. Tloy would
also observe that the (:aptain did not take any note 1:1 the log-book
of the hailness of the bread at the time he discovered it, nor enter
any description of it. This he might have easily done. The de-
fence on which, however, he meant to rely was, that the bread was
MK stale; that if it sustained any injury, it was either from the
impropzr state of the casks to receive it, or from some negligence
in the manner in which they were stowed on board the ship. The
biscuits were taken from the defendant's house in a perfectly sound
state. lle would call witnesses to prove the fact, and thereby dear
the charactix of his client (rout the imputation of t:ishooesty or
fraud.

W. Kendall esamined.—Witness is foreman to the defendant.
lie has lived with hi n for eight years. llc served his time to him.
leratenibers the supplying the Copernicus with biscuits. The
practice is, when the biscuits are baked, to take them out of the
oven and spread them on the loft ; they are then put into a bag,
and front bags are started into casks, when about to be made up
fora voyage. . . . .

Ily s'.ltiror.—llieenits are not liable to beat by being placed in
banamination resumed—Al the time the biscuits were perked up
for the Copernicus there were old biscuits on the premises. The
biscuits, however, which were sent to the Copernicus. were sound
and new. Nu old biscuits were sent. They had d.theent marks;
some had a letter. some a number. and °theta again neither number
nor letter. The reason of the difference of the mat k was, to dis-
tinguish the work of one gang of workmen from another. There
were four different gangs employed ia baking In the service of the
defendant. There were neither weovels nor cockroaches amongst
them at the time they were &limed. The old biscuits were sold
subseqeently for dogs. Does not know the price of these bi.euits,
whether they be live or lateen shillings a cwt. The defendant
has been in the habit of supplying suuth S a whalers with biscuits
since I have been with him. Biscuits, if not well eoopered, are
likely to become mouldy. _

Cr'oas..eaumined.—The old biscuits were bought fmm a Grain
ferry ; they acre bought for Ma. a cwt.; they had been be-
fore un • South Sea voyage, which' lasts three years : they would
not beeomc mouldy in two months; if they bcame moulded, the
colour would In. blue.

Several other witnesses in the employment of the defendant, cor-
roborated the testimony of this witce.s, as to the sound and mar-
ketable quality of the biscuits, when they I:ft the premises of 31r.
Conk.

Cunis, a biscuit-baker, depo‘rd, that the price of old biscuits
for dogs was from Its. to ltis. a cwt. lie gave further tea.
titnonr, that if weorcls were ins cask cuntaining old biscuits, and
the cask was placed near a cask of new biscuits, they would find
their way out of the old cask into the new.
Mr. Sergeant V•I•GII•u replied.
. - . .

The ('tit gr. Jr/171er, in summing un, told the Jury, that the
question was one which they should decide on the degree of credit
they were (hemmed to give to the witnesses who appeared on either
side. l t was hard to suppose, that what had been sworn to by the
Captain. and other numbers of the ship's crew. wales mere invert.
pion. l'here was nn departure from consistency in the story they
told. except A slight and immaterial variation, which did not an any
Jet;m: impeach the truth and accuracy of it. Those whq risked
weir lives in a dangerous service, for the good of the country, were
in a peculiar degree entitled to the protection of the laws of the
country. The defendant's witnesses had certainly deposed to facts.
which would entitle hint to a vcrdict ; but which of the two state-
ments rail the probable and the true one, was a question that la)
entirely within their provinec to decide.
The Jury consulted together fur a few minutes, and returned a
verdict tor the plaintiff's, damages OW. Ills. lid.

- - - - -----
WIN2'ER HOME CIRCUIT.

KENT ASsIZES.

Dec. 5.
Genre Shrhadole WM Indicted for stealing at Sineeth, on the
19th May last. twenty-nine :cheep, the property of Mr. Edward
litighes, a gentleman farmer.
91r. Ign I. LA Nt D vont:twin! the prosecution.
It appeared in evidence. that on the day mentioned in the Indict-
ment, the prosecutor lost 29 ,beep from a flock of VW Within a'
• days afterwards lie Mund the whole number in the possession
of chili:rent farmers in the neighbouratiod of (7antvrbuey, from
whom, thnnigh other hams,., they had been purchased prom the
prisener on the cloy atter the robbery, within 15 miles of the
prosecutor's farm. The prisoner had absconded, and was nut s? pre-
headed until tie r.kl of Noveniht r, and was then taken at a place
called Ow Me:al. icy the Forest of 11-rne. oft the borders of
Alonmouttishire, where passed ..y the naarie Finn. The
miaow :dearlyNicotined as the man ohs sold the sheep
on the Jay afiet the rovy. and it appeared that had for many
years resided in the prosecutor's parish, and was well known in the
neigheourhood. . . _ _ _ _ _

The prisons r said nothing in Ms defrnee, and was found Guilty.
rosocutor r.e.rumen.led him to mercy, on account of his
wile anti children, and as a man shorn he had known many pars
as a parishioner.
Mr. Justice By Buoys:lt mid it was a case in which the law
must take its contacts

Privy /WTI- was indicted for 'termite! at Maidstone, on the Ath
insta:it, in the (lac:hew-house of his .Majesty, money, jewellery,
and weariag apparri, u. the amount of 11W. the property of
William Henry Warrington, Esq. A ',mond count laid the
dwelling.to be that of Francis Dwrenport.

Mr. fig Raw roni'me,tl the prowl...Mton.
The roam/We was a t Ownet in the II th Light Dragoons, and
resided its the barracks at Maidstone. The prisoner was a private
in the same regiment, and was AIL IVarrinknoti'm servant. On the
day mentioned it the indictment, the Kisumu. Inul been attending
the prosecutor in the tinker's muss at the barracks, abd matte an
excuse to the mess-niasrer to quit the count earlier than usual.
When the prosecutor returned to his room at eight it. the evening,
be 'l6:rover...if that his writing desk had been broken open, and
'lank of England notes to the amount of MI. taken In art it, and
front other pares of the chamber, two gold rings, three gold pins,
seven sovereigns, tour half sovereigns, a mat and waisteeat, two
shirts, anti other articles of wearing npparel. The prisoner being
cussing, suspi;ion fell upon him. Communication was made of the
ruhlwry at Narlbortu,i,h-street. and Plank the ofEeer was sent in
search of the prisoner. In consequence of a clue which he had sib.
tinned, he trawl the prisoner to the A tow' and Crown Tat ern, in
.IVood..street,Chenits..ie. where he passer by the mimeo( Williams.
The prisoner not brit g in tin house sit the time, he waited his
arrival, and on being shown into his room he taxed him with the
robbery. The prisoner insunceiaiely confessed the fact. l'pon hie
pe no.:t were his waster's coat and waistcoat, and one of the shirts.
A great portion of the stolen money was also fioutal in his pockets.
Ile had one of the rings on his fiager, and lie wore one of the pins
in his breast. It appeared !Ina he had been figuring away at the
tavern fur a day or two as a gentleman. lie gave it,formathin
whereby antes to the amount if itUf. were restored. One note for
ill/. lie said lie had lost. _

Flue wearing-apparel and other articles found upon tlw prisoacr
were now pruduced anti identilied.
The primmer said no:hing in hit defence. Lie was found Ga;ki,
and scn witee of D.wth wits recordc•ci.

.1002 u Broten and it;. 1, rd Gthlhoz were indiemd for R burglary
and robbery in the dwelling-11441w of Colo!ol Thomas Christopher
lianker. at Sptidillllll, mt the night of the '2d of November.

HoLLAND rnndoeted the prnseektihha
The prironers were ilinonnt eostertioar.vq. going, about the
country dealing in ATTICS and VC
.713111C5. ttn the 2d of November
they had been to the prwireutnr% hon.;• lor the ',errs.: of sellin;!
apples, and had hail an i.pportnnity of KurvcyiT; the iwennewa. In
the CO...:TNe Of dip faxxitig tii2l:, it 31.4...w0rer0tt
had bumbrokol open, and t'w kitclteit ro'ohed of several article% of
a-caring npuarkl And liveri, worn by di, 1,0-Avatar's servant*. In
the afternoon of the :MI of Seventh:l% :,• pri,,rllTS w, re sppre.
licntitil by %Ane of the London pollee, in I;nsw.lloorett, (-hoe to
a ruc.iving house in a narrow %met, rolled ri...e.ittett., and an
their per‘on% were bund nil the 3T:ilde% of stolen prolarty, which
were nit:Allied.

The Iniet.iiers s.id r.tithin!: in their defence, except that they had
tale property.
. . .

y were Gni/19 of a loreenr ii the dwelling-!souse to
ut 4th., there being tin legal proof to sustain die charge
01 b rg hay.
Sentence of Death wits recorded.

111ACIIINEnv.—Mr. Owen calculates that arms, with
nischinct, now matietliet ore as *midi cotton as ‘..:0,000,090
of arms were :d de to nianteactUre 114'4101a machines 1.0
seats awl that the cotton now nu f.tet tired in the
ceurse of one )ear in Treat Britain, would rt.ioire, without
maellims, Ir,Otnt,uuo of workmen with simpl., wheels.
ca!eulates farther, that the quantity of inattufact ores
of all s.,rt!, at pres•lit produced by British workmen with
the aid e 1 machines, is so great, that it would require,
without irekt aim. of machinery, the labour of four
hundred million-. of wot:racti.
Cat•Ttom.—At the sitting of the Brighton Magistrates,
on 'no:richly 1:14, a poor woman appeared at the liar, with
an Mtlint in her arms, about sixteen month,' out, totally
blind ; wl.lcii sh•ctated was caused by her nurse having
poured :11.) ewes, when only a dew days old, as a
remedy for a slight inflammation which had arisen from a
cold. We mention this ckciunstance to guard persons
against the ignorant prestunptimi too common among nurses
and doctreis,s. linch, in the most humane manner,
ordered the name to be plans' on the list of appli-
cations for adeiission ii.to the Asylum fur the Blind, in
London.

SPORTING INTELLIGENCE.

TATTERSALL'S, Dtc.6.

The attendance to-day Ism pretty strong. but little business tru
done. The chief betting was on Bolero. Nigel, and Gobanna, for
the Derby ; and on the match between Bizarre and Zealot. The
odds are as follow :