The British Press; or, Morning Literary Advertiser.
London, England, 1825-12-23 00:00:00

SECONDARIES' OFFICE, CoLrwair-erRrET.

CRUNDELL V. WRIGHT.
This was an action brought to recover the sum of 1101. 9s. 4d.
for hasher Pohl and delivered by the plaintiff to the defendant.
The original demand was for 1501. Ns. 4d. ; but the defendant
having paid 401. on account the pbantift sought to recover the above
balance.

Thomas Balsam, a foreman to Mr. Kilsby, a wharfinger, proved,
that in August last the plaintiff had a quantity of timber lying at
the wharf, and that a number of Dantztc plauics ard 487 feet of
timber were at different times taken from there by the plaintiff's
carman, to be conveyed to the defendant's putmisas.
James Howe, the carman, also proved the delivery of the goods
to the defendant's servant.

On his cross-examination he said he was not told, when he left
the last load but two, that be need not bring any more.
Mr. Blake, a timber-merchant, said, he considered the plaintitrs
charges reasonable.
The defendant addressed the Jury In propria persona, and
stated that he was engaged in building two houses, and being re-
commended to the plaintiff, he gave him an order for the planks,
and one earriage-load of timber, which were delivered ; but, in a
few days afterwards, the plaintiff thought proper to send him two
more carriage-loads of timber, which he neither ordered nor wanted;
and he accordingly sent to him, desiring he would fetch them away,
but which he neglected to do, and they had ever since remained on
his premises, he having no use for them. The two last loads were
delivered without his knowledge or consent, and it was therefOre
evident the plaintiff wished to force him to purchase goods which
he did not want. The only item in the bill which he disputed was
the charge for the two last loads of timber. He then cited his
foreman,
Thomas Poole, who stated that he was present when the order
was given. Only one carriage-load of timber was ordered, and
the plaintiff was told that no mote would be wanted. After the
two last loads had been delivered, witness went to desire the plain-
tiff to fetch them away, as they were not wanted, but which he
refused to do.
•

Cross-examined—He would not swear that part of the two last
loads had not been used by the defendant.
The SecoNnattr, in summing up, observed, that although
proof of the delivery of the timber was prima Attie evidence of
the axle of it, yet when that ev.dence was rebutted in the manner
which it had been by the defendant's witnesses, he thought the
Jury could only give a verdict for the amount of the plaintltt's de-
mand, after deducting 591 124. 7r1., the charge for the two but loads
of timber.
The Jury accordingly gave a verdict for 511. litt. 9d.: the plain.
tiff being at liberty to take back the Useless loads at timber.

IZISOIXENT DEBTORS' COURT, TMURSDAT, Dtc. 12.

•
John Moore, of Mountsorrel, is Leicestershire, victualler, was
brought up, and nut opposed. The insolvent, however, was mi-
na:cry examined by the Court as to the disposal of his property.
His oral statement differed from the account given in his estate
paper. In this document he had stated that he did not possess pro-
perty to the amount or 20f. directly, or indirectly. flowerer, from
the answers now given to the questions of the Court, it appeared
that the money in the possession of the insolvent, and held tor him
by his wife, when added tv the value of certain articles which the
Act allows to be excepted, exceeded 401.
. . . . . .

The CHIEF Com stiser ow it R observed that the insolvent mielit
consider it a lucky circumstance that no creditor opposed his di!-
' charge, as his conduct wan undoubtedly liable to that section of the
Act which regarded concealment. However, under the exposi-
tion which had been made, the Court could not deem the insolvent
entitled to so Immediate discharge, and would, therefore, in the
exercise of the discretion vested in them. remand him to be con-
fined within the walls of the prison Mr live calendar months, troin
the date of his petition.
M r. I observed, that the Messrs Hawes veto prevented.
merely by a delay in the entering, front opposing the discharge of
the Insolvent, and requested that they might be appointed trustees.
The application was granted.
Thomas Martin, whose case had been adjourned to this day, ap.
peered before the Court. A decision was exretial on a point
started in this ease, as to whether an assault constituted sach •
species of injury as was cognizable in this Court.
The insolvesit's attorney having neglected to sublimate some wit.
nesses, the question wan necessarily deferred, and an order was
made by the Court that the costs oldie opposing creditor should be
paid by the insolvent's attorney. The insolvent was remanded.
Abr. • MI Prince, the Russia Oil vender, was brought up an his
petition.
Mr. Davis opposed his discharge, in consequence of a bill of ex-
change which he held, and which was accepted by the Insolvent.
The insolvent bad been discharged twice betide the present ap.
plication. Since the latter occasion in Angina 1814, he had in-
curred debts to the amount of
Mr. kl EAT u submitted to the Court the attested consents of

three.fourths of the crediton, in number and value., which, under
the circurristlnces of insolvent's recent discharges, were an indis-
pensable accompaniment to his petition.
Mr. Davis examined the insolvent concerning the disposal of a
brooch and other articles purchased from him, and the insolvent
answered that they were pledged.
Mr. HEATH asked what was the nature of the dein, and the op-
posing crodito: stated that in payment of 6441110nd and other wines

sold by him to insolvent, the latter had passed to him a bill 6f ex-
change, which he now held. Ile also paid for the insolvent certain
dues at the synagogue. At the time of these proceedings, the witness
knew the insolvent arok the benefit of the Act,but still believed him
to be a very honest man. The witness had been induced to give
aedit by the representations of the insolvent, who alleged that he
had previously received 0001. from Mr. Rothschild, who intended
to advance 10001. more.
Insolvent—That is a great big story.
The opposing creditor repealed that his great inducement was
the representation made by the insolvent, who also assured him
that he posaessed a great see horse, of which he was to make
"toots" for mankind. (A laugh.)
Mr. Davis being further interrogated, replied that he was a
tradesman, and bettglit the diamond from a pawnbroker. He re-
fused to answer what he gave for it: but (addressing himself to
Dlr. Heath with the air of a higgler), `• I have bought some things
this morning, which are now in my pocket ; and though it is nut
toy business veil you what Ipso for them, I will put a price on
them if you choirs: to purchase." (A laugh.)
Another creditor of the name of Cohen having made a statement
in opposition to the insolvent's discharge,
The COURT was of opinion that neither of the opposing cre-
ditors had established a case of fraud, and dccidedthat the insol•
vent should be discharged.
NOTICE TO ATTORNEYS.
In the course of the day the CII tEr ComstseroXEst observed
that there was a very important rule which coner:•oed the Attorneys
of that Court. and with the provisions of which they did not com-
ply. Ile would read the rule, and the further order which the Court
deemed it necessary to add in confirmation. lie then recited the
rule, dated February, 1822, which ordererl.2-" That no attorney or
solicitor should be allowed to practise in this Court, who did not
take out his annual certificate in some Court of Law or Equity at
Westminster." The additional order suspended from practise in
this Court Mum attorneys who had not taken out their certificates
for the year ending the 15th November last.

MIDDLESEX ADJOURNED SESSIONS,
TIIUUDAY, DEC. 22.

l'ollPritti—rria JURIES.
John M m an ha was loth- for assaulting and obstructing the
Leet Jury of the liberty of the manor of Stebeneth, otherwise
Stepney, while in the title execution of their duty.
Mr. ALLEY Mid the present prosecution was of great import-
ance to all who were liable to be called upon to act on arch
Juries, and also to the public, to whom the due execution of
their doty was a great and most essential protection. The Jury
for whom he appeared had discovered the scales of the defendant
to bo untrue, and had therefore inflicted a penalty, as they had
unquestionably a power of doing. This the defendant refused to
pay, and on their :aempting. in consequence, to take away the de-
fective scales, he cominitUld the assault which formed the subject of
the present proceedings. The beet Jury, it would readily be ad.
voided; had a most laborious and unpleasant duty to perform ; and
it was not to be endured that they should be insulted while en.
gaged hi its doe ezezotion. He did not know what sort of defence
it was intended to set up.
Mr. Wm. Jolliffe, clerk to Mr. Parnell, the Chief Bailiff to
the liberty of the manor of Stepney, proved that the Jurors recited
as plaintiffs in the present indictment were duly sworn in at Mr.
Parnell's office in the meth of April last. They were to act fee a
year from that time.
Mr. ADOLPUES, for the defendant--Have you any record of
their appointment?—Witness. We have.
['rite books of the Snarler, were here produced, and shown to the
Learned Counsel.]
Mr. Anot.onus—Hieve the Jury any written instructions given
them ?—Yes; each of them has a copy of the oath which lie is
sworn to perform
cliATIt HAW—Have they any particular place of meeting ?—No ;
they 'alienable as occasion may require.
Mr. Higgins, one of the beet Jury, sworn—He stated that he
was the first to enter the shop of Mr. Nathan, who is a butcher,
living in the neighbouthood of Whitechapel. There was a hook
m suspended to the scale in which the at is placed, which caused
a draught of an ounce and a half. Alter removing the hook,
there still remained a draught of half an ounce in favour of the
seller. Witness poitved out these circumstances to Mr. Law,
their foreman, and a fine was imposed, the amount of which wit-
nets does not know. Mr. Nathan refused to pay the fine, upon
v•erielt Mr. Is v oetarredlodiorris, glte. boodle WA* ecablinpanied them,
to seize the scales:` CM his attempting so fn-do, the defendant
caught hold of them, and declated they should not be taken.
Finding the defendant determined in his resistance, they at last
went away without the scales.
Mr. ADOLPHUS—Did you produce any deputation or autho-
rity ?—We told him we were a beet Jury.
Mr. AnoLottus—Had you any authority to produce ?.—I had a
copy of the oath in my pocket.
Mr. ADOLTnUb--0 yes, I dare say you had; but pray what
authority did you produce besides showing your faces ?—None.
Mr. Anobvirtra—Now, pray do not you know that unless you
got the lines, you would have no tavern dinners ?
IVltners—l have had none as yet.
Sy she Ckipmedlita....Keithes Mr. Parnell nor Wain* was poi;
sent. •
Mr. Law, Alligitcbgan of the Jury, being sworn. corroborated
the evidence drilic former witness.
Cross.esammed by Mr. ADOLPIIUS—Did not produce any au-
thority ; has: none to produce. There was a basket of grapes in
the scale at the One we entered. Ale. Nathan offered to explain,
but we could sot hear everything and everybody.
Mr. A Do trays—And therefore you would near nothing
Witness—.l did aot say so.
Mr. Anot.eatts—You have tavern dinners occasionally out of
the tines?—There have never been any extravagant dinners.
Mr. Atbet —r ,d you ever impose a fine for the sake of a din.
nor ?—Nev-r.

Mr. Annrst.- —0 na, they only dine oti. them after they are
imposed.
J. Rutter, a j.. -reyr.-an scale-maker, proved the scales to be in-
accurate to the ratent, before stated.
Croes-examl .ed."..He never dined with the Jurors. He was paid
for attending •.
Mr. Thompe:m and several other of the Jurors were also ex-
amined, and
,otmlietaed the account given by Mr. Higgins of the
conduct of the M./. emit.
Mr. ADOLOPP6.4, for the defendant, said that no one had a
greater respe.it fur the ancient institutions of the country than he
had, and he wovtff resuily admit the Court Led to be a most useful
and valuable one, jaut then it was necessary that it should be con.
fined within V. -et limits, for what would be the condition of this
country 1 the luct admitted by this Jury were declared to be
-right ? He wottla ask them to put themselves in the case, and
suppose some dostin persons calling themselves a leet jury to enter
their houses, aid, 'without producing any authority, fine them for
some imaginary rgansgressions, and on their refusing to pay the
money. offer to rke away their goods. Ile was ready to admit
that a Court Lett dad the power of takingaway any scales or weights
which they OA find to be deficient, but he denied that any in.
terested party. as 4 such these jurors were, as they were to have
their dinners enteJ tile fines, could be justified in levying such
fines. They bad +I such power, but must summon the party be-
fore the Steward of Bailiff of the Manor, whose duty it would be
to hear the mat. in the character of assessor, anti to direct them
in the determining Of the amount of the amercement. Instead of so
- - • • ,f getting a dinner,
just when a hook is
of his scales, they
get a dinner out of
because he will not
take away his scales.
xl to be taken away
not paid, and It
the ground of non.
to power of making,
on authority subse.
it defendant might
might be, have used
time they might be
He had witnesses
proper light, and he
day, would stow to,
clothed in a little
pervert or crewed

~ living to Rosemary-
g grapes in Mr. Nathan's
spoken of by the Jury had
• of a two ounce weight.
and showed it to
-• there for, hut

Me. Higginait •t arnerblg,
Law.:inat eltplalned what it had been
‘' - _

Mr. Higgins re—teed, **Newer mind, I found it there." Mr:Na-
than and witness; expler.ed to Mr. Law, and he seemed disposed
to listen to Mts.. but 'one of the Jury threw a half ounce weight
violently into 0. • scale, and, without waiting to poise it, called
out that it was h-lf au ounce deficient. Upon hearing this, Mr.
law tuveed to other Jurors, and said, " those of you who are
of opinion titer :sl.r. p sthan ought to be fined, hold up your
hands." Inur•diately 13 of them held up their hands, and Mr.
Law, turning Iv AL. Nathan, told him he was lined 20s. Mr.
Nathan said h• Nicol(' not pay It, ns he 111111 sure his scales were
correct. and h., • • t a sixpence in one of them for the purpose of
showing that it s..tricient to turn them. Mr. Law ordered the
beadle to take, vex, the sc.ties, which Mr. Nathan would not allow
to he dune. and scuffle ensit-Nl.
Harriet Pitts,. want of Nathan's, gave similar testimony.
Mr. Al LA: v. ly, commented with much vehemence on the
evidence ae'duc the defence, and on the cruel and serious in.
-juries whits; iota& on the public, and particularly on the
poorer pan, h of li lye weights or balances.
The CI-.MR said there could he no doubt but that the
',Pet Jury were mertsr to take away any scales which they
might find 13 te deficient, and to resist them in so doing was
illegal.
The Jury, nikers,onsulting fur about ten minutes, found him
Goilty of the ohwtruction.
The CitAtitre•xsientenced him to pay a fine of forty shillings to
the King.

MAsottrasniti...—The Lions of the flaymarket, Paul
Pry and Charles 'Fright, are expected to be rivals at the
grand masquerade it the Argyle Rooms, on Thursday,
the 2eth instant. The public will be able to judge be-
tween the respective merits of Cherry Ripe and Weight's
champagne. The demand for tickets is unprecedented,
and the attendance of the nobility and leaders of fashion
is expected to be rester than on any former occasion.

WINTER HOME CIRCUIT.

SUSSEX ASSIZES, LEWES, Dzc. 21.

,
John Ramnicey was indicted for stealing, at Salehunt, on the
10th Nov. a • flock of sheep to the number of 19, value 30:., the
property of George French.
1 he prosecutor is a farmer at Saleburet, and the prisoner occupied
a field adjoining his farm. In the night of the Wth of November
the sheep in question were taken front one of the prosecutor's en.
closures. They were never recovered, but evidence was given that
the prisoner and another man named Brown (not yet apprehended)
were in possession of the sheep at the parish of Fletcling, on the
evening of the 10th November, being a distance of about twenty
miles from the prosecutor's farm. The same men were also trued
to and from other intervening places, driving eighteen sheep answer.
lug the description of those which had been stolen.
The prisoner said nothing in his defence, and wan found
Sentence of Death was recorded.

Among the commitments in the calendar was that of William
Kelly, alias Kelley, who was described on Captain in the Royal
Navy, charged with violating Frances May, his late servant, at
Lancing, on the 22d July. For some reason not explained, tho
prosecutrix did not appear to prefer an indictment, and the prisoner
was discharged by proclamation. It was stated that since the sup-
posed offence the prosecutrix had become a married woman.
Richard Baker, alias Jones, was indieted for stealing at Rothtv-
field, on the 2tl of February, 1822, a bay gelding, value 201. the
property of Wm. Stratton.
The horse in question was proved to have been stolen from the
farm of the prosecutor, who lives at Inkpen. in Berkshire. Within
three days after the robbery it was found in the possession of the
prisoner, who sold it at Rotherfield, in this county. Since then,
and until August last, tke prisoner had been out of the way.
The case was dearly proved against the prisoner, and he was
found Godly. Sentence of Death was recorded.

POLICE.

BOW-STREET.

Yesterday Emma Hicks, a woman about 23 years of age, was
brought before Sir IL Himie, charged by a young man, named
George Cross, with stealing a watch, his property.
The prosecutor stated that he had known the prisoner for some
years; and one evening in September last he visited her at her
lodgings in Earl-street' Seven-dials, and remained there until the I
morning. She pressed him to take breakfast, and went out under I
the pretence of getting some creases, but did not return, and
he found that she had taken his watch, which was lying on
the table, with her. He did not see her until last Saturday
night, when he told her that he wanted his watch, and requested
her, if she had pawned it to restore the duplicate, and he would for-
give her. She refused, and he gave her in charge to a constable,
who asked her for the duplicate, and she immediately took it trom
her pocket, and gave it up. It appeared that she pledged the
watch at a pawnbroker'. in Westminster-road, in September, for
21. and on the 2d of December she called again at the shop, and
procured 21. more upon it.
The prisoner, in her defence, 'said that live years ago she was
seduced from her husband by the prosecutor, and even was wicked
I enough to take away the greater part of their furniture, in order to
go and live with him. They remained together four years, when
he left her, bat ocessiimally paid her a visit. When site took the
watch she was dreadfully distressed, having parted with her clothes
and every thing upon which she could raise a shilling.
Sir K. Biawis asked Cross if be intended, under the circum-
stances, to prosecute the prisoner ?
Cross said he had no pa" Icular desire to prosecute if he could
have his watch returned, but that he was determined to hare it.
Sir IL BtaxtE aaid the pawnbroker was not bound to give up
the watch unless the person stealing was prosecuted.
The prisoner said that an offer had been made by her friends to
advance money enough to redeem it within six weeks, but that he
refused it.

The prosecutor said he had been offered security. but no money
was shown to him, and besides, this was after she was in custody,
and he did not know that he would be justified in accepting the
offer.

Sir R. BIRNIS said he had no alternative but to commit the
prisoner, as the prosecutor seemed determined to goon, and she was
accordingly hilly committed to Newgate.
When Cross was being bound over to prosecute, Sir It. 13 t awls
observed that ka would not stand. ha his shoes, at the old Lulls',
fora trifle. .

Several market gardeners attended upon summonses, to answer
for the offence of placing their wagons in the highway, in Covent-
garden, but the cases were not gone into ; notice of appeal to the
Smslona being given on behalf of one defendant, in order to have
the question argued, and the rest having agreed to abide by the
decision, whatever it may be.

doing, they set lout with a determination of
and happening tis light upon this defendant ju,
suspended for aci•ne particular purpose to one o
say to themseivo, " 0, now Is the time, we'll gt
this Jew," and Owthwith fine him 203., and be
pay this line, falirteepaslion and attempt to tak
Now it is elearVo.t the scales were not intended
because they we false, but because the tine was
was th d of distress to be levied on ti
payment, t , trier It is clear they had no •
without a r—. uceeding beforehand, and on
quently ad-they got the money, flit
hare kept . - • however false they ml
them to the • • titicsirt till the next ti
i quest oi .**Se 31, 'owis bailie of wine. 11
to call alto w J 1 ,t ;transaction In its pre
did trust Ors. ilk..) ••• irs decision that diej
beet JariM its—aft persons " el
brief authority, 'r. tt were not et liberty to p
that authority wi,a
William Ilasecirs awort..—ls a fruit-dealer, lir]
lane, and was (11..r(720,1 who was weighing grape'
scales when the ptury enwtd. The hook spoken o
been placestisiftc.de•Ty witness, in lieu of a ti
Mr. fi-:feritesinf, snatched hold of it,