The British Press; or, Morning Literary Advertiser.
London, England, 1825-06-27 00:00:00

DUNNE V. ANDERrON.

The plaintiff in this case carne into Court at its sittirg this
morning, and requested 9 permission to see Ms record, which of
course remained in the custody of the talker.
3dr. Kamer, the Associate, spoke for a moment with the Lord
Ceder Justice, who then told the applicant that his officer iatornied
kim that such an applicasion had never been grcnted.
The applicant said, that perhaps his Lordship's officer had rids-
informed ham.

The CntEr JUSTICE observed, the application was entirely
without example, sad could not be complied with. The only
proper person to have possession of the retard at present was the
officer of the Court. With him it must remain until the th !cur
days of neat Term, when it would be delivered over to the plaintiff,
if 4e was entitled to it, to enter up judgment.
The applicant said he only wanted to look at it for a moment.
The CHI Er JusT tcz said be could not have it; ar.d after ma-
wifisating some dissatisfactiva at tins determination, .31r. 1). re-
tired. . . . . .

(We suppose the object or this application was to ascertain, by
looking at the back of the record, whether the Chief Justice had
certitild to deprive the plaintiflof his costs.'
GRAHAM
c-Jurritir opened the pindings, and Mr. Sergeant Vaughan
stated the case to the jiffy. He observed that this was what was
oeinnionly sidled a horse cause, one in which of course the Jury
wine well aware there was likely to be a considerable quantity of .
tiontradictory testimony. The plaintiff insisted that the horse was
wok* under a warranty, and the drat question the Jury would have
to determine' was, whether a warranty had been given t and se.
madly, whether that warranty was fulfilled The plaintiff's's' a
geetteasan in the legal profession. He was a solicitor, living at ,1
Abispdon. in Berkshire, and the defendant, he believed, was a
stockbroker, carrying on business in Bartholomew-huie. The
bone which formed the subject of this scion hat been first seen at
414., b'''^e'scomfrilsion *tables, in King's-road, Gray's-inn-lane.
ei&trita, who hod flaGe thither for the purpose of purchasing a
baltht, hutted at tine beer, wWda was reprooented to have bah a

•

rod hunter, 610- asked the price • he was told it was not
hundred guineas, and time the boles was Warranted sound.
The plaintiff was accompanied by a friend, who thought the
sum of ono hundred guineas • too much, even with a warranty ;
be did not feel very. anxious to purchase the horse, as his
friend had observed it had an enlargement of the off hind
leg, but however he offered 601. for it. Ile.was told that the horse
belonged to a gentleman named Allen, who wished to dispose of
it, as his owu iii health did nut permit him to ride ir. The pheiu-
tiff went away, and thought there was an end of the matter, as he
hail no communication made to him on the subject; but at the end
of two days, when he went to Osborne's again, lie was told the
offer had been acoeptcd. The plaintiff therefore gave a check for
the money. and the horse was taken down to the hotise of his friend.
at Merton, in Surrey, and in about a week afterwards the plaintiff
took it out with the hounds of the Derby Hunt. Lie certainly went
out with them, that is he started with them, but the Jury might
well imagine, that as the horse was really very unsound he taw bit
little of the hounds after they had once started. On the foliating
morning she horse was exceedingly stiff in his off hind leg, his
fetlock joint, by which in bunting the greatest exertion was used,
being In a callous state, arising from long existing inflammation.
The horse was observed also to stale with difficulty, which was,
perhaps, canned by the irritation that had been excited lily the ap.
plication of blisters of cantharides to the diseased leg 6„, The
blister had no doubt acted on and irritated the kidneys, and hail
produced this effect. The horse was bought on Monday, the 7th
of February, and was hunted on the IGth. It was afterwards taken
down in One day to Cranford-bridge, and on the next to Abingdon.
It was very gently trotted a part of the way, and walked the re-
mainder. Leery attention was paid to it, but it got no better, and
a notice was, therefore, given to the defendant that the plaintiff
offered ro return the horse, and that if the defendant did not accept
the offer it would be sold for as much as it would fetch. The de-
fendant answered, the plaintiff must do what he pleased with the
horse, as he (the defendant) refused to receive it back. The horse
was accordingly sold, and fetched eel., and the plaintiff now sought
to recorer the residue.
Thomas Sherwood, Esq—l accompanied the plaintiff to Os. •
borne's stables, on the 4th or bin of February. We looked at a
number of horses, none of which would suit the plaintiff; we were
then shown this horse, which was then at the time in a box. We
were told it belonged to Mr. Allen, and I knowing that gentleman,
asked the reason of Mr. Allen selling his horse, and war told it was
because he was in ill health. I asked if the hone was warranted
sound, and was told he was. I then attempted to go up to hie
fore-legs, but as the horse was not quiet, I desisted. 1 then looked
at the horse's hind legs, and said there was an enlargement of the
oft' fetlock joint. The horse again appeared unsteady, and I desist-
ed from passing my band down his leg, which I way about to do.
Dawes, the foreman at Osborne's, observing me, said, " There is
no occasion to trouble yourself, the bowie Is warranted sound." I
thought 100 guineas, the price of the horse, to be too much, even
with a warranty. Plaintiff then offered sixty pounds. On the fol-
lowing Monday we went again, and Dawes said the offer was ac-
cepted, and the plaintiff wrote a cheek for it. The horse was sent
to my house at 3lerton in the evening. I saw the horse again on
Wednesday afternoon, and then observed the horse bad great diffi-
culty in staling. I afterwards called at Osborne's, to say that the
horse was unsound, and good for nothing. From what I saw of
the horse at the time of the sale, and afterwards, I should think him
unsound.
Cross-examined.—The plaintiff is an attorney in Berkshire. I
am a farmer at Cannon Hill, Alertun, Surrey.. In the tint place,
the appearance of the horse tnade me think the animal unsound ;
the unsoundneu was in the limb and internally. I informed 3lr.
Graham, before he made the purchase, that the horse had this en-
largement in the off hind leg. Ilia appearance was unfavourable to
an opinion of soundness. I did not communicate that to Mr.
Graham. I cannot say whether the injury would have produced
lameness, if he had been put on fair exemise, but it seemed to me
of long standing. The horse's coat did not lay well ; that might
have arisen from the horse not being properly groomed. 31r.
Graham rode the horse out to the Derby Hunt. Ale. Moses
Sherwood, my brother, accompanied him, and so did my second
son, Isaac, who, however, only went through the first Must of the
hounds. The plaintiff came home two hours before my brother,
and said the horse could not hunt at all ; the horse's leg was very
much enlarged the next day—Mr. Sherwood afterwards said, in
answer to a question from Mr. Sergeant Pell, that the defendant
had offered to trace the horse for tour years past.
' The grooms of Mr. Sherwood and of the plaintiff corroborated
this evidence, and spoke of the horse manifesting lameness on go.,
ing into Berkshire.
Mr. Isaac Sherwood said, he accompanied the plaintiff to the
Derby Hunt; the hounds threw off near Croydon; witness only
rode with them through the first burst, which continued for about a
quarter of an hour. During that time witness's pony passed the
plaintiff's horse.
Cross-examined.—The hounds threw off at II in the morning,
and witness got home about three o'clock ; the plaintiff did not re-
turn till six. ll'itness`s uncle, Mr. Moses Sherwood, was at the
sea side.
_ . . .

Wow

The plaintiff's regular groom having had an accident, which con-
fined him to his bed, the man oho supplied his p! ice wu called to
speak as to the appearance of the horse while under his care. He
described it in nearly the same terms that the other witacsses had
done.

On his cross-examination, he acid that the hone had been ridden
by him three times to the hounds for exercise, twice with his mas-
ter, and once alone ; however, the horse did not hunt, as the hounds
could not find.

Mr. Coleman, Professor of the Veterinary College, said, that be-
lieving the evidence now given to be true, he was o(opinion it was
unsound at the time of the sale. The elifficulty of staling did not
arise front the blister, which did not affect horses like human sub.
jects, but must have been caused by a diseased state of the bladder,
or of the kidneys, or by a stoppage of the urethra.
This closed the plaintiff's case.
Mr. Sergeant PELL (with whom was Mr. Carter) addressed
the Jury for the defendant. He observed, that neither the plaintiff
nor his friend were men likely to be imposed on very easily in the
purchase of a horse. and he might therefore ask, whether it was
probable they would have given 601. for a horse manifestly unsound
at the time if His defence would be, that it was then sound, and
that it had been rendered ur,sound by unfair riding on the day it
wan taken to the Derby Hunt. Why had not the plaintiff's mode
of riding been described ? Why had the Jury been kept in igno-
ranee on this subject, when they might have received every assist.
ante from Mr. Moses Sherwood ? 11 by was that gentleman absent,
when he knew every thing they ought to know ? and why was Mr.
Isaac Sherwood alone produced, though he was ignorant of every
thing that ought to have been given in evidence ? He thought there
was a considerable degree of jockeyship in this cause. Again, he
would ask, why, if the horse had been un6t to hunt on the precesl-
hig day, bad he not given notice on the following morning to the
detendant ? Why, if the horst, was then decidedly unsound, had
it been taken down to Berkshire, and then hawed ? He meant to
tin what the defendant before offered to do—to trace tint horse for
the hat four years, and to show that if it vu now unsound that tin
soundness had arisen from its treatment since it came into the
plaintiff's possession.
' Wm. Burville, the groom of Mr. Allen, stated, that he had the
care of the horse while it was in his master's possession, and it was
petfectly sound. There was no callosity on the fetlock.
Cross-examined.—He never saw a sounder horse. He knew the
horse wu out a day with Mr. Dickenson, hunting; it was brought
home on the following day, but it was not knocked up.
Mr. Sergeant Vauanax-1 know when a witness is knocked
up. and you may go down.
Other evidence was called, but their testimony• went to prove
that the horse was affected with incipient symptoms of disease at
the time the plaintiff purchased it, and the Jury returned a verdict
for the plaintiff—Damages 301.

COURT OF EXCII.EQUER, JUNE 25.

Tilt ATTOIINF.Y.GEICEIAL C. WILLIAM ARCHLII.

This was an information filed by the Attorney-General against
the defendant, a respectable maltster at Ipswich, charging him, in
Sheen different counts, with a variety of !rands upon the excise and
offences against the revenue laws.
The SOLICITOR-GI:RENAL, with the usual array of King's
Ccumel, appeared for the Crown ; and Mr. JERVIS and M.
RYLAND for the defendant.
On the part of the Crown two witnesses were called, the surveyor
and supervisor of excise in Ipswich, who stated, that on examining
the defendant's malt-house, on Sunday, the 20th of March last,
they perceived that a quantity of malt then on the kiln was
rvt-
deutly made up of two distinct steepings of barley ; that a floor of
wet 'barley, Jytfl in the malt-house, was also made up of two (Its.
tlnct Ft:cpings o! bailer ; that a heap elf dry. malt, also en the'
premises, was also made up of two distinct steeping* ar barley ;
and consequently that the defendant must have steeped barley with-
out giving mince to the proper officers, and hal in all these re-
spects
violated the law, and rendered himself liable to the penakies
sought to be inflicted by this information, amounting to upwards of
I,OOOL
For the defendant both his malt-men were called, who swore
poltitively that no barley had been steeped without the proper notice
being given and the officers being present ; and that the various
ouanutiest of barley and malt, charged to be mixed from different
steeping:, were, in fact, separate and independent steepings, and
had none of them been mixed In any manner whatever.
The SOLICITDRait ER AL reviled rpm. the whole care.
The LORD CIIIEV 11.,% Ito v swnmed up the case to the Jury,
who, after deliberating for a few minutes, found a verdict for the,
(.4own.
. . . . . .

The ease occupied several hones, and the evidence went into a
very long and complicated (fatal. the particulars of which, however,
were perfectly unintere►ting to the puUic.

CONSISTORY COURT, EATURDAT, JUNE 25.

JORNSTONE v. 101INSTONE.
This was a suit instituted by CaptainJolinstone against bis wife,
by reason of adultery.
From the evidence adduced it appeared that the parties were mar.
ried in the year 1817, with the consent of the lady's father, Adnsi.,
rah Tollemachc. in 1823 the Captain left his wife at the house of
her father. while he went on a shooting excursion into Dursetahire.
During his absence some disagreement tank place between hire.
Johnstone and her father, which ended in her elopement to Paris,
where for a twelvemonth she found an asylum in the house of he!
grandmother, Lady Ald borough. During this period repeated ap.
plications wore made, both by her father and het husband, begging
of her to return, but without effect. At the end of the twelve-
month. she having in the meantime contracted an intimacy with
Lord Brudenell, eloped with him to Versailles, and thence to this
country. They resided at a hotel ire Ilond.street. The proprietor
of the hotel gave evidence to their cohabitation, as did bold John
Lennox, who also stated that the lady paased under the name of her
protector.
Sir C. Rosursox, after a review of the facts of the case, con.
" by proatistacing for the divorce.


- -

"'‘`.4l

SHIPWRECK.
PLY morn', Jumx 23.
The Gratitude, Longmead, of this port, which sailed
front hence on Tuesday last, when about seven miles off,
the extreme of the Land's End, suddenly, and altogether I
unexpectedly, struck upoe a rock, immediately filled, and
commenced sinking. Th Captain, his wife, and the crew,
made for the boat, and got clear of the ship, which not:
going down as speedily as expected, some of the party
again repaired on board to secure som the boat, and
money from the cabin. In making again the boat, which
was waiting under the bow, the sloop capsized and went I
down ; in her progress the jib-boom struck the mate and
Captain's wife dead, and precipitated every soul into the!
water. The hodrof the mate did not again appear, but
that of the Captain's wife (the poor woman being pregnant
at the time of her death) instantly floated, and was secured
by a pilot boat, who witnessed the catastrophe, and arrived
in time to rescue the Captain and the whole of his crew,'
they having saved their lives by clinging to some float-
ing apart.

UNIVERSITY INTELLIGENCE.

Jt7NIE 24.
Sir William Browne 's gold medals were last week adjudged as
flow :
URI:EL ODE—W. Selwyn, St. John's College.
LAT ttr ODlC—Robert Snow, ditto.
EPIGRAMS—B. H. Kennedy, ditto.
Subjects--
FOR THE GREEK ODE—Andron epipbanon pass ge unties.
LATIN ODE—Academia Cantabrigiensi, tot noris ted:ticlui Or-

GREER ETlORAX—Peritsoi pantes of en meso
Lay IN EPIGUANI—Summum us, summa itIjUTIL
In the account of " Brown's : ledallists," it should have been,
for the Greek Ode, T. K. E. Chatfield, Trin. Col., instead of R.
M. Chatfield. It has since, however. been discovered, that that
gentleman was not qualified to be a Candidate, in consequence of
his not having resided a term; and the prize is now adjudged to
Mr. W. Selwyn, St. John's.]
The King has been pleased to appoint the Rev. Professor liens-
low, M.A. of St. John's College, to the Regius Professorship of
Botany, vacant by the death of Professor Jilartyn.
At a congregation, on Saturday last, the degree of Honorary Doc-
tor in Divinity was conferred upon the lion. and Rev. Hugh
Percy, of St. John's College, Dean of Canterbury.
At the same congregation a race parsed the Senate, to confer
the degree of Doctor in Divinity, by royal mandate, on the Rev.
Chita. Richard Sumner, M.A. of Trinity College, Prebendary of
Canterbury.
Owe ono, JUNE 25.
At a General Ordination holden in Norwich Cathedral, on Sun-
day last, the fallowing Gentlemen of this University were admitted
into holy orders:—
DEACON—William Thlmas Blenkinsop. B.A. St. Alban lialL
Pa lESTIL -William Hest Everard, 51. A. Bailie( College; Thos.'
Heeling, DI.A. Wadham College; George Augustus How, late of
St. Alban Hall ; George Sur.dby, B.A. 31crton Coll ge; George
Henry Swdclart, B.A. Queen's College.

POLICE.

BOW -STREET.

Shortly after Mr. Minshull, the Magistrate, had taken his seat,
on Saturday evening, a butcher's boy, named John Fairborn, en-
tered, accompanied by a Mr. Oates, of Oreat Queen-street. He
stated, that u he was passing down Catherine-street, he found •
pocket-book in the road, nearly covered with dirt. He took it up,
sad on miming its contents, he found a quantity of securities to •
considerable amount, and acting under the direction of Mr. Oates.
he had brought them to the Magistrate, concluding that he could
with greater facility discover the owner. Mr. Minshull examined
the contents of the book ; there were seven bilks and promissory
notes, amounting in the whole to 17,0001. One of them, which was
for 10,0001., was payable twelve months after the death of • certain
Nobleman. Mr. Minshull directed the book to be sealed up in an
envelope, and to be deposited in the otHce. He also gave the boy
directions for finding the owner, and the worthy Magistrate said
he trusted that, when the property was restored, the person who had
lost It would reward the boy's honesty.