The British Press; or, Morning Literary Advertiser.
London, England, 1807-07-04 00:00:00

kr,Clllll D. Pit',stow

riis was an ailtion 4.ooght by; Publican in the
Mintnies. ag tins' the Defendant, an Attaney, and
Agent I'4 tw•i of the Can:tildes at the Lite E!ee-
ti•nn ttir the LtorJaa,h of Yollf noutli, fir refre,liaidnts
furbish -d to tiw Eleflors of that noto.)irh,
waiting f•rr c-tach•s to take them d asu to the
•r-
-tion. It appeared that the Defend( t Lad iovvn
milers to this and had lodged GI. iu Coon,
as an equivalent, and the question S'AS, wb••rhrr
that SIMI Was sufficient, the Plaintiff's dement] b"in;•
hul.? Atter some evidence had b-en gone throu.th,
the CAW was referred to arbitration.

Several other cathes, of no public interest. were
disposed 01.

couß r OF COAMO:4 PLEAS-.Juvr 9, 1817.

011.11 T VPVIAII4.
This cue has already been before the public,
bat, on account of the interest it excited amongst
the booksellers and prinibrs, ae shall lay before our
readers a short statement of tie pro:eedings ref this
Jay, when it came on to h.- re-:vied before Sir
James Mansfield and a Special Jury, at Guildhall.
The unfortunate accident which give rise to
question is yet fresh in the recolleaion of the p.uh.
lie. It was the dreadful fire which took placid in
the month of December. 1843, hoSeliaborr-court,
Fleet-street, by which the whole premises and printing
utensils of the Plaintiff, Mr. Gillet, a printer, were
burnt to the ground. The Defendant, Mr. Mawman,
a tespeaable books. Her in the Poultry, had been in
the habit of employing Mr. Gillet in printing, and at
the time et this IE4I catastrophe had several works
lying in the custody of the Plaintiff, in an unfinished
state, which were completely destroyed along with
these premises. Tjte sum claimod by the Plaintiff
from the Defendant in this affirm, upon balanc-
ing accounts, at the period of the accident, was
1,8191. 19s lOJ. which the Defendant thought
himself justified in withholding. on account of se-
veral sums to be deduded for the damage he had
sustained. In that sum was included the expense
of ,printing an extensive and valoable work called
74e Tratoo of .Imoriarsis in Gnome, amounting to
Ml6l. The value of the p per furnished by Mr.
Mawman, amounting to 8311. 10s. and of the pa-
per for Nowa': French Dictionary, 2731 ; both which
sums Mt. Mawman claimed upon the ground of
their having been insured by Mr. Gillet, who had
received the amount from the Imperial Insutanee
Office. Ihe whole eet-off, therefore, against Mr.
Gillet's claim, amounted to 1,674 C. 10i. leaving
an acknowledged balance Cue by Mr. Mawman
of 14H. Os. 10d. 'flu decibiaa fienverly pro-
Bounced in this case was iu favour of Mr. Gillet ;
but upon a further representation to his Lordship,
he was pleased to grant a new trial, which this
c.ty occupied the Court from half-peat nine in the
morning till seven in the evening, and induced the
attendance. through interest an 1 curiosity, of some
cf the principal Booksellers and'Printera in Londoa.
..The Counsel for the Plaiting were Serjeenre
Vaughan, °callow, aid Marryet ; and those for the
Deteadant were Serjeatits Shepherd, Lens, and
Holreyd.
• Serjeszt VAUtia•II first addressed the Jury,
on the past of the Plaintiff, and after expatiating
upon the great importance of the question, and the
necessity of its receiving a dispassionate and delibe-
rate attentiim. recapitulated the whole circum-
stances attending it. The parties having come to
certain admissions, materially shortened the CAN.—
The bill comprehended three distils& subjeth, via.
works printed, rid in pert, bat not entirely deli.
vered to the Plaintiff ; works in part completed,
and partly destroyed ; and lastly. a work altoge-
' Cher destroyed. The two first of these were not
now resisted, so that their attention was to be
limited to the last of these descriptions, viz. the
work called Anachorob, which was completely
destroyed Sy the lire. He contended, that Mr.
Gillet. the printer. was fully entitled to an adequate
remuneration for his labour in printing that WOlk,
although it was bunt, and the Defendant had not
derived any advantage from it • and also that he
was not bound to pay the sass charged as the value
Of the paper destroyed, it not being the dory of
Printers to insure the property of their employers
which was in their custody. Besides this, sup-
posing that the printer was to be deemed liable.
yet tnat liability, in the present instance. could only
lest during the space of six months, that being the
period Within which Mr. Mawman had engaged to
furnish him with the work, from a Mr. Beaumont,
his Editor and Translator, but which,, through
negligence attributable to the Defendant. be alleged
was the cause of the work not being completely
printed and delivered. In support ot these allega-
tions. he called the following Witnesses :
Mr. Robert Chapman, a compositor, who wrought
at Mr. Gillet's previous to the fire. He deposed,
that ifeerieeses'e Trerrela were put into hand in the
month of Fe!' 1805, and that they were to be com-
pleted in the space of silt months. In order to
elle& their oampktien within the time, five hands
were employed upon them at tit it, but they were gra-
dually reduced to one, on account of the si,slay on
the part of the Editor in furnishing copy. Had
not this delay taken place, they could easily base
completed the work within the time expel:led by the
pasties.
Mr. Mitch-lt, a managing clerk to Mr. Gillet, in
1901. also deposed as to the possibility of the whole
being completed within six months, bail the copy
been regularly furnished. Five volumes were en-
tirely completed, and two others had °sly some odds
and ends wanted in order to their beiog fiuislied also,
at the time of the fire. The men were first icutly
kept at a stand. and he had ben otten obliged to
give them other works to keep them employed.
Mr. Charles Bird, aouther person in the employ
of Mr. Gillet. also sp be as to the copy not being
regularly supplied. and said it was not the custom
fin printer; to send away that which was completed.
He applied frequently to Mr. MA* r 11411.4 warehouse-
man, and desired him ti. scud tor tne Svc volumes
that were completed.
• VAlJtillAtt stated. that he s'lntild at this rage
content himself with thus having preyed the neelea

13/4

Sir J. Maesrteco observed, that he thought no
case of negleCt had been made out, as existing on
the part of Mr. Mawman, because, unless the Eci.
for supplied the copy, he could not help the defy
occasioned.
, • Mr. Vauonaa considered Mr. &outflow as the
Avant of Mr. Mawroan, and therefore he was rt-
,,,lllesible for that delay.•
Mr. Uremia°, on the part of Mr. Nlawman,
thee addressed the Jury. Ile could not help think.
inR, that those who bring forward evidence upon
so untenable a pnint as that of netigence, io such a
CA'vf as this, did not feel strong in other more ter.
able points. Tile way in which this negligeoto was
to support the case of the Pltaiutiir, WAS. that aak.-
p.ti.lg Mr. Gillet be.und to insure, mid aftioeily t
hive done sr., that, without this negligence,
Mawman would not be bound to ray thi• ;
in other Wends, itiat the work, tieing left in his
past a stipuloyd period, by negligence of :;•.•
Defendaut, the PAliteti was named frank his 0,,,1-g
g aioo. 'fhere w.-re'gcis 'rally three ch sooners c. so.
eerua I in every work—the Author, Woks. liar, .4,
Primer. He did nu; doubt but that the Printer km. it
the nature of authorship as well as the Osaka der
and when he undertook to print a Wjf k,
knew hied not been completed by
•Le
milat have heels aware that the progres% of thset
Work depended a thousand accidemal
stances. Wh.ii he undertook to print that Worst.
be undertook it subjeft to every delay w:.ich the
in6rmities of the Inimen mind were likely to occa-
sion. In the first place, the Editor might die; or,
secondly, he might be seized with sickursa or fa.
mily misfortunes, as was the ease with Mr. Sew -
moat. Besides this, it was impossible to make the
work of a man's mind a alert handicraft, lire
printing itself. For these reasons, therefore, them
could not be any grounds of negligence imputable
to Mr. Mawman. The Wish which Mr. Mane.
Imo eat desired to fetch away, was Anaelicrart,
but that was not completeif, and therefore the
Bookseller was not bound to take it. It was Cr.
tirely a ditferentWork which the wituesses must have
been alluding to. Vise Bookseller has as great
an interest in getting a work speedily accomplished
as the Printer could hors. The Bnaksell.ir had
bought the paper, wnich in this case amoun:eil to
£l3Ol. while the priming only came to 5881 old for
the first sam so laid out he could sae get a shilling
till the 'work had come home, and be had disposzd
of it to other flookselless As to the fire. he e J
not impute any improper conduct or ncgligeni:r.
on the panto Mr. Gillet, as he attributed it purntry
to accident ; but what he would state was, that
soma if there ens no totage at all in this business,
yet Mr. Gillet had, by his own words and con-
ch:3, undertaken to become she insurer, and was
therefore liable for any damage or destessikion of
the paper so sent to him. Neitlser had Mr. Gillet
any right to charge for printing upon that psp..!-.
which, when in b's einrOdy, was destroyed. It .Ip.•
peered that Mr. G•llet had received from the lo-
surance Offace the sum of 59001. which mm, he so- •
leged, did not even cover his own preparty.
mist unfortunionly h.ppeued too, that tife. Us:-
let had not even coinpleted his policy in a m tn-
nor du: would have entitled him by law to have
been paid. Mr. Gillet had formerly insuzestin the
frocenizifireafice, and brad conamitly insured an
goods in trust. and from op: to the time he
ed'eled this first insurance at the Imperial Fire
Office, he had not insured at all.
The LeasseJ Counsel, after .s considerable num-
ber of inganious arguments dUiki observations, pru-
ceeded to call the following Witnesses, on the part
of his Client:

Mr. Beaumont deposed, that he was he Editor of
this new translation of The Travel, #' dime:beeves.
which be said was to contain considerable additions
and alterations. The copy was to be furnished
from time to time ; but he bad come nodes no par-
amble stipulations as to furnishing st within six
months. In the mon:b of February, when it was
first sent to Mr. Gillet's, nothing had been dune
towards the new edition, except that small part
which was saved from Mr. Hamilton's fire. A cir-
cumstance occurred, which considerably retarded
his progress, his wife was taken ill and died. Hp,
however, furnished as mach cup,, as, ander circum-
stances, he was able to Jo, and no neglea could be
attributed to Mr. Mawasan. In the month of Sep-
tember, Mr. Gillet said to him, that surely Mr.
Mawman could not expea the witaeu to furnish it
sootier than he did. At the time the fire happened,
he had brought it to that length, that it muss nave
been finished in a fortnight.
Mr. George Wilkie. Kooksallet, was the neat wit.
ness called, out was objeaed to by Mr. V•1741.1*N.
accaunt of his having had an interest is pa.t of
the other work., jointly with Mr. &lawman, at Or
time they were destruyed ; but it came oils. th tr.
Mr. Hayman had given him a release against any
claims that might arise out of this quesitiue ; aod
that he, the witness, was ready to release Mr.
May/mans in a similar manner. He remembero
meeting Mr. Gillet, shortly after Mr. Hamilton'.
fire. bit. Gil:et carne to his counting-house, and,
after making a remark as to she lute that had wows
frasn that coil 6 tgratiian, otsurved, that st; such
an accident hat happened At his ufrxe, no person
could have sustained an injury, as he always how, c.a.
Since that time, too, Loa* witness had recali,i
to Mr. Gdlet's reculkfts.in this particular c inv.•;-
sation, and he was as positive as he war, that h.
stood In Court, that, u,)ost the morning of she is,
at Mr. Gillet.ll, be repeated that observation t.. s. i .
autsuasons his partuisr, sad aubs,:quantly to air.
Billet himself.

Mr. Owen Rees, bookseller, standing ia a similAr
conoediou with Mr. Mawsnan, as the lam Wiubess
did, deposed, that he having got a release. seas
equally willing to tract one. He rseolledod rise
fire at the Proatingol dice sot Ur. Hamilton, wt.o.h
took place upon the 24 Febreary, ISW, and to saw
Mt. Gillet istune.liately atterwaids, and expreaw I
his anxiety as to the poverty be had ac his
let's) office, and Ms. Gillet told him he miynt r:u
perteffily satisfied, as it was insured.
Mr. John Fauna*. foreman t:. Mr. Mawas
He remembered Mr. Gillet coming iato their
soon after Mr. Hanolton's tire, Lid sta. g to
Mawmaa that he might rest perle.lll easy, at &foe
property he had in hi. office was completely occur .1.
He recolleacd also Mr. Gillet calling a • ...it
nom previous to has ore* fir•