The British Press; or, Morning Literary Advertiser.
London, England, 1825-05-19 00:00:00

L. 4,01 INTELI.IGEXCR.

COURT OF KING'S BENCH, AVLnxesnar, 31. av 18.
Sittiags at Nisi Print, fa Loudon, &Tare the LORD CntEr
JUSTICE and 4 Special Jury.
- CARPENTER V. MATTHIAS.
Air. Scastf.r-i-r. stated that the plaintif was an attorney, and
his claim in the- present action wait a sum of 121/. 3s oil.. for
business done by him for the deceased, husband of Mrs. 3latthisa,
the present defendant. The Learned (lentleman stated, that the
deceaaed was originally a gentleman of some considerable property,
but of very speculative habits. Amongst other speculations, be
was induced to lay out a ennsiderable sum in the purchase of a
West India %tate, which proved to be a most unprofitable concern.
This, amengst lather things, deranged his pecuniary concerns, and
rendered hint unable 03 meet many demands upon him. The plain-
tiff' and the deceased were upon terms of the arcatest intimacy, and
upon all occasions flea deceaSed applied to the plaintiff for his advice.
,luck btistness was :rom time to time done by the plaintiff for the
deceased, for a deal of which the plaintiff made no charge, but the
remainder of the business so done constituted his present claim.
Sonic time before the death of the deceased, the plaintiff remon-
strated with him upon the state of his pecuniary affairs, and re-
commended hilly° effect an insurance on his life, that, in the event
of his death, his wife anti fitfully might not be left destitute, which
otherwise must be the case • the deceased acceded to this suggestion.
and an insurance for 10,000/. wits effected. The deceased subse•
quently died, and the pttsent defendant, who was his widow and
his executrix, had become poSsessed of this 10,00(1!., which of course
had placed her in a state of ease and affluence, when, had it not
been fix the trouble and advice of the plaintiff, she would have
been left destitute. Notwithstanding, hoarser, the benefits which
this lady had derived from the diertions of the plaintiff, she now
refused to pay hi. just bill of cnits, which as executrix of her late
husband she was bound to do; 'Rat she now set tip as • defence
that whatever business the plaint;ff had done for her husband, was
done out of purr friendship, and was not intended to be charged
roe: the plaintiff had certainly done b great deal of business for the
deceased in this way, but the items ebitpnaing the present bill were
always regularly entered at the cline in the plaintiVs book, and of
course intended to be charged for. Thu:lady had also isleaded the
statute of limitations to this demand, but a letter written by the
demoted within the time prescribed by t.te statute would put an
end to that plea. Under these circuringanees he thought the plain-
tiff' was entitled to recover.
The delivery of the bill of costs. PEA the performance of the
business charged for, were proved by the plaintiff's clerks.
Some discussion here took place betecen Mr. OtRWEY (who
appeared for the defendant, in the absence of Mr. Common Sr.e
geant), and Mr. SCARLETT, and at length it was determined
that &verdict should be taken for the plaintiff for the abate amount
of his demand, subject to his bill bring submitted to the Master, to
see that the charges were reasonable.
Verdict for the plaintiff; '124/. 3s. 9d.
RAPHEL V. O'REILLY.
'lids was an action to recover the sum of 13/. and a fraction,
due from the defendant to the plaintiff on the balance of accevits.
The amount of the debt was not disputed ; but the question 'fax,
whether this action was properly brought ? The facts were thase:
After the balance was ascertained, the plaintiff sent a bill of ex-
change, drawn by himself, for the amount ; it was made payable
at five months after date; the date of August was written on it,
but no day, the defendant supposing, that by the blAnk being left
for the day, the plaintiff intended that he (the defendant) should
insert what day might best suit him, and accordingly inserted the
31st, being the last day of the month. The plaintiff was dis-
satisfied with this, but instead of returning the bill, he altered the
date, by striking out the figure I, so as to make the bill appear as
drawn on the 3d of August, and then negociated it ; dnd upon its
becoming due, arrested the defendant for the amount.
After some discussion, his Louisan, directed a nonsuit, upon
the ground that the plaintiff made the bill his own by keeping it.
Plaintiff nonsuited.
COOPER V. PRICE AND ANOTHER.
Mr. BROUGHAM stated, that the plaintif in this edge was a re-
spectable linen-draper in the Market-place of Leicester, and the de.
fendants were the proprietors and publishers of the Leicester Jour.
nal. Fur a libel on the character of the plaintiff; which appeared
in that paper, the present action was brought. It could tint be dis-
guised in this case, that the authors of the present libel were rivals
in trade of the plaintiff's in the town of Leicester, and that the
present defendants had suffered their panes to be made the vehicle
of publishing the calutimies of 3lessrs. Cape, Hodgson, and 'Tan-
ner, who were linen-drapers and haberdashers in the town of Lei-
, aver. The libel appeared in the shape of an advertisement. The
plaintiff had, a few days previous to the alleged libel, inserted an
advertisement in the paper, announcing that he had to sell off the
stock of a bankrupt, named Josiah Thomas, at reduced prices,
and, in answer to this, an advertisement appeared in the defendant's
paper, commencing thus—" Drapery, millinery, and haberdashery.
Cape, Ilodgson, and Tanner beg to announce, that in consequence
of • contemplated improvement of their trade, they have during
thb last week adder several thousand pounds worth of goods to their
stock,"—(a pretty good stock it must be, said the Learned Lien_
dentin), 'and that they intend commencing selling them on Mon
day next, at prices far below," &c. &c.; the usual strain of thist
puff's, said the Learned Hentletran ; and the paragraph then went
on to return thanks for past favours, to solicit the patronage of " a
judicious, enlightened, and generous public," lice. flirt the
Learned Counsel remarked, that the object of this paragraph was,
tint to puff themselves ; next, as the sequel would show, to blast
the reputation of the plaintiff'; that was, to pour oil upon them.
selves and to throw out vitriol at him. He RON begged the parti-
cular attention of the Jur to the libellous part of the paragraph—
and he thought they would agree aith him, that hi point of malig-
nity it surpassed everything they had before heard ; for after eulo.
glsing themselves they commence thus—" their stock exceeds every
thing in Leicester, being double the amoent of that of the bank- ,
rupt, Joseph Cooper (that is the present plaintiff), and that of the
bankrupt, Josiah Thomas, whose stock he recently pretended to
sell off, when; in point Of fact, he was merely entrusted
with it until the choice of assignees." The libel then went on
thus :—" But no deviation of Joseph Cooper from truth and de-
cency can now occasion the slightest surprise." Now, said the
Learned Counsel, can anything be more scandalous than this?
Would the Jury believe it, the plaintiff was never a bankrupt in
his life, whatever his misfortunes in trade might have been. On
the contrary, he was now carrying on a flourishing trade in the
town. Even, however, if he had ever been in difficulties, no per-
son could justify calling hidi a bankrupt, unless he had actually
been gazetted as such. The plaintiff would willingly have brought
his action against those malignant persons who were the authors of
this calumny, rather titan against the proprietors of the paper ; but
the latter had refused to afford the sufficient legal proof for that
purpose, and therefore they must bear the blame. They had been
asked to apologise, but they refused to do so ; yet even then, at
the e/bventh hour, if they would apologise publicly in Court for
their conduct, and pay the costs he had been put to, the plaintiff
would not press the cause farther, his object being only the vindi.l
cation of his charater.

The first witness was then called, when
The Lotto CHIEF JUSTICE asked whether Mr. Brougham's
concluding offer was not worth the defendants consideration.
Mr. SCARLET?. for the defendant, seemed to assent to his
Lordship's suggestion.
Mr. BRouoHass thought the defendants ought to pay all the
costs the plaintiff had been put to.
Mr. SCARLET? had no objection to give taxed costs.
Mr. BROUGHAM then said he must proceed.
The LORD CHIEF JUSTICE would not say thit the course
about to be pursued by the plaintiff's Counsel was a wise one ; the
injury inflicted was in January. in the last year ; the libel wus
published at Leicester, where the defendant resided, and which was
the proper place for him to vindicate his character. instead of trying
to vindicate it here. Ili* Lordship said that all this would no
doubt have weight with the Jury.
After some further discussion it was agreed that the plaintiff
should take 40a. damages, with an apology front the defendant,
through his Counsel. Mr. *xylem
Verdict for the plaintiff—Damages Us.
Mr. SCAR LET T—We have now made you a present of an
apology, and nut .10s. into your pocket.

COURT OF COMMON PLEAS, WEDwrsnAr, MAY IS.
Sittings at Nisi Prins, at Guildhall, before Chief Justice BEST,
and a Special Jury.

RADWEN V. MENDIZABEL.

31r. Sergeant VAUGHAN stated that this was an action brought
for goods sold and delivered. He believed it was unusual to address
a Special Jury so early in the Sittings on a question of accounts,
but ac the defendant wished to have the case anon tried, it would
not occupy their time long. The plaintiff was a merchant at Gib-
raltar, and the defendant was a Spanish merchant. The action
was brought on the balance of an account between the parties,
which the defendant had acknowledged to be correct—Amounting
to 16,813 dollars. The plaintiff's clerk had gone from Gibraltar to
Seville, with a copy of the accounts due, which the defendant ad-
mitted to be rightz..but wished him to proceed to Cadiz, Where he
would settle it. On his arrival there the defendant said that he
was in embarrassed circumstances, and offered 7,000 hard dollars
as a liquidation oldie account, Lut the plaintiff refused that con-
dition. The transactions took place between 1818 and 1822. The
sum now demanded was 2,428 L sterling, to which the defendant
pleaded an assunipsit.
Mr. John Longlands Cowell, clerk to the plaintiff; but now his
petner, stated that be went to Seville, and subsequently to Cadit,
with the account.
By the evidence of other witnesses, it appeared that the defendant
was now confined in the King's Bench.
31r. Sergeant Peal. took some objections ' • first, to the accounts,
and next that the defendant was not liable, but
The CHIEF Jt'STICE overruled them.
On cross-examination of the first witness, it appeared that there
were some Spanish government securities due to the defendant.
The Loan CHIEF JUSTICE—These government securltift
may be paid two or three centuries hence, perhaps.
Verdict for the plaintiff—lemurs 2,2601. Ilk 3d.
31r. Sergeant V•UGH•N moved that there should be judgment
in Term.
The Loaf) en tier JUSTlCE—Certainly , but I don't think the
defendant will be much hurt by it.

PERRY V. WYATT.
Alt. Sergeant Tapow stated that this wasian action for work and
labour done. The plaintiff was an old man, 73 years of age, and
had acted as foreman to the defendant, who was an architect.
The plaintiff' had been employed at a house of Mr. Hughes !tali,
once known as the "golden Bea," bat of his gold the plain t ill. got
little, whatever might have been the fortune of Jar. Wyatt. It was

late .
Friends

with Mr. Wyatt that the plaintiff' had to do; and the elaiat
row made amounted to 71/. 4s. 3.1. fur labour and diaburaenaeats
on account o: the work done
Witnesses were then valid to prove the plaintiff's, case. I: ap-
pealed the transactionktook place in 1819 and IWO.
Mr. Sergeant Vanuiraw. for the defendant. thought the demand
univat, because the defendant (the late Mr. Wyatt) had settled hie
tradeatnen's accounts as they became due. It MA% extraordinary
that the plaintiff' should have remained so long without preferring
his claims. •
An account of the wage* of tfie men, &c. as kept by the plaint:ld,
white in defendant's employ, was then put in and read. •
The use sbent off by a :edict tor the plaintiff, subject to a Os-
fetence, •
The Curt then rose.

LONDON SESSIONS, MAY 14.

Yetterdir morning these sessions were held before the Lad Mayer.
the Recorder. Jac. These sessions present a.peculiar feature in the
annals of civic history, inasmuch as there was not A single prisoner
for trial, and the petit jury were discharged without exercising
their functions.
The RECORDER charged the Grand Jury. He observed that It
was a Matter of satisfaction to him, anti doubtless would be to the
Grand :Nay, that the calendar dill not present an extraordinary
number of charges of crime. There were, however, he was goor
to observe, one-third more charges of street robbery alleged to hase
been committed in the city of I,midorf than in the county of 21Id-
(Resew; but the public !nigh! rerr that in case of conviction.
the parties should meet with an ciemplary punishment, in order if
possible to prevent the growth of that crime, which was but too
often the forerunner of those of a more serious nature. There was
only one remark more which he need to trouble the Jury with, is
reference to. the cases which would be presented to their consider-
ation, newels , those where parties were accused °firesides stolen
goods. An erroneous idea arts abroad, that in order to establish a
conviction is must be proved that the receiver purchwed the articles
stolen ter beneath their value. Ile (the Recorder)Visiled it to ba
known, that if persons kept stolen property in their possession for
the purpose ofsconcealstient, and to thwart the ends of justice, they
were equally I.it!ilty in law as though they had purchased them at
the twentieth pest of their real value. Hiving made these remarks,
lie dismissed the Grand Jury.

. POLICE.

GUILDHALL.
Ye'd'tday tr. Doer was charged by Sarah, his wife, with having
inflicted a severe wound on her right wrist with a table knife.
The poor woman came forward with evident reluctance. and
stated that whilst the prisoner was getting his supper last night they
had a few words, when the prisoner attempting to art his wife's
throat, she put up her right arm to defend herself, and the injury in
question resulted. The prisoner had frequently beaten the poor
woman severely ; she, frawever, would not swear that the wound
was wilfully inflicted, am!
Aldehnan Lucia, after' admonishing him on the cruelty of his
conduct, remelted that the indisposition of his wife to proaecute her
complaint to its fullest extent prevented his committing him on the
capital charge.
Ordered to find gotil bail as security for his keeping the peace
towards his wife.
STRIKING roR Wanye—A journeyman shoemaker, charged
with being drunk and disorderly in the streets at night, was fined
bia., to which pleading inability,
The worthy alagisuats observed, that if, instead of striking for
wages and getting drunk, the shoemakers would be content with
earning nine shillings adsy, and conduct themselves as honest, in.
dustrioue men, the sitting Magistrates at the different Police-offices
would nos be so continually pestered with asses of this description.
In the ,aid which he represented, the system of striking fir
higher wages had, during the pant week, been carried to a lament.
able extent, and, if not very' careful, the discontented would bripg
themselves intn a difficulty (sr no trifling nature. Guards were for
several dare planted opposite the shop of Mr. Wright, shoemaker,
of Tower.suret, tor the purpose of deterring the men in his employ
from continuing at work; these guards were regularly reheat':
every two hour., and various- inatances of tyrannical oppression,
verging on illegal interference, had occurred. He would cautipn
the discontented against a contintiante of such dangerous proceed-
ings, otherwise they would hare reason to regret (when too late) the
impolicy of their conduct.
aIARY.LA-BONNE OFFICE.
BiniitY.—Tuwards the close of the business at this office yes.
terday, air. Penal!, the Assistant Overseer of St. Pancras, intro.
duped to the notice of Mr. a young man of fashion.
able appearance, charged with having refused to allow his wife a
separate maintenance.
The complainant, an icteresting3ooking woman, stated, she had
been married to the defendant fourteen yeara, but he had lived se.
partite front her for the last ten years, and that having only at in.
tervala reteived relief from Lim, tine was obliged to become charge.
able to the parish. •
The defendant replied, be had left the woman inconsequence of
her bad conduct, and having afterwards discovered her living in
open adultery with another man, he certainly should not contribute
to support a woman capable of such base conduct.
A gentleman here stepped forward, aid said, " I have a charge
of bigamy to prefer against this gentleman ;" and immediately
retiring, introduce.: two ladies, the youngest of whom was is stash
an agitated state as scarcely to be cble to walk.
Tin accused tgentiemian, on seeing her, became tremulous
emit on, and covered his face with his panda.
Mr. ILVTLINsON observed, he vas oound to dispose of one case
Brat.
The tamplaintint's mother here stepped forward, and said her
daughter had only lived in a gentleman's Louse to take charge of
some children, and it could be proved her conduct was not criminal.
The defendant had treated her very ill; he took her Into the country
and packed her off upon the top of a coach in the middle of winter.
Mr. Haws' w sow said he had no alternative but to commit hips
if he did not make sonic arrangement, and advised hint to coins
to tome understanding, which probably might lead to their again
living together.
'flie defendant exclaimed, " Never i do you• think I am No do.
void of every common feeling of honour as to live with a woman I
have found in adultery P And I, sir, will pay nothing but what
is really torn from my very vitals."
However, the case was finally settled by a gentleman who ac.
companied hint undertaking ,that the first wife should be paid is.
per Week for her maintenance.
The two ladies then advanced; and the second wife took the
situation of the first, to give evidence.
The planner gave his name Joshua Sebley.
The second wife stated that her maiden name was Palmer, and
she was married on the ath December. 1816, to the defendant, fa
Hereford. Sae never knew his first wife was alive until within
these few days. There were two persons present at the marriage,
of the names of King and Griffith. She had her certificate.
Mr. RAWLIWSON asked who could prove the first marriage, ob.:
serving, the first wile could be no evidence.
The mother of the first wife came forward, although her daughter. •
made an effort to restrain her ; anti being sworn, proved that the
defenchnt married her daughter. whose maiden name was Wilson,
in Lambeth Church, on the 2d of Junes, about 13 years since. She
was not present at the marriage, but was with them the whole of
the wedding day. She believed the Parish Clerk and the Clergy.
man were still living.
The second wife declared she would prosecute, and requested no
time might be lost.
The defendant joined in the request, saying They Could not piore
the second marriage.
He was then remanded; fintil the other necessary testimony be
procured.

.

TNION-HA
HORSE-STEALlllo.—Yesterday JUrltta'
and Wm. Bassidge, were put to the bar, charged by Mr. Janice
Bosbory, of Braddle Grove, Oxfordshire, the two former with
stealing, and the latter with receiving and disposing of a brow.
gelding, his property.. ..
The prosecutor ueposed that he rode the gelding to Stow.
in-the. Wold, Gloucestershire. on the 2titli of (ktober ; it was
there turrica Into a field, from which it was that evening missed-
lie had seen the horse this morning, in the possession of Mr.
Hal', head constable of this ollice, and can swesr it to be his pro-
perty.
Thomas Stedman was with the prisoner Bassidge, at the White
Horse, Salisbury, on the 7th of November, when they jointly
purchased the gelding sworn to bylhe prosecutor, of the other poi.
stoners. He and Bassidge, on the 19th of November, sold the
gelding to a person of the name of White, at a livery stable neat
`Vauxhall-bridge.
Lynch White, a corn-dealer,
purchased the gelding of the lasts
in question.
Mr. lIARMER, for the prisoners,
any thing o-
Mr. Ai
suing Ass
This is
anti activi
covered r

•
i

if! ,
~
, /
,
i
„

.
t
•

1 au x nati-ortnge. .
Lynch %White, a corn-dealer, residing at South Lambeth,
purchased the gelding of the last witness and Bussidge 01. the day
to
for the prisoners, did not think it necessary to say
sit oAnR.m r
a, Aqiu re.
any thing on their behalf in this stage of the proceedirgs.
111 r. AJ. LEW fully committed the prisonera for trial at the en.
suing Assizes for the county of Surrey.
This is one of about 2/1 horses, which, through the intelligeuesi
anti activity of Mr. Hall, have within these two months beta re;
covered and restored to their respective owners.
BlitTil.
On the Ist instant, at LOCIILUW Castle, Lady Agnew, of a
dauglith.
On the 17th instant, in Gloucester.placc, the lady of Charles
Parke, Esq. of a daughter.
.—
MARRIED.
At Mary-la.bonne Church, on the 17th instant, by the Rev.
Edmund Eoulter, Prebendary of Winchester, the Rev. Brownlorc
Emitter, Rector of Buriton, Hants, eldest son of the Rev. E. P.,
to Harriette, youngest daughter of the late .viunzs Motley. Esq.
formerly of Kempshot, Hants, and a „Member of Council aC
Bombay. if
At Tavistock, J. Rundle, Esq. banker. to Barbara, youngest
..
daughter of ,l. Oill, Esq. both of that town.
Samuel
On the 17th instant, at Devices. by the Rer. S Littlewort4
. -
I Mr. S. Rhodes, of Islington and Furnival's Inn, to Harriet, daughst
ter of the late john Turkey, Esq. of Elcorn be House, Wilts.
On the sth inst. at Brussels, IPBfthilipa
mßremolwytteannloeter,c7yiboit:indg;ctics();:theo:
Visas. cuie, E„,,. of p ~• .1. near Posseborough.
on Tuesday last. at 'Force, the Li of the Honourable kepttea
13.1t.:_thtoKlui...00dif.reygn:tbetofcr f7oh;a:Rt otactitzt..7..uen,immas,andagei, *
Friends
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