The British Press; or, Morning Literary Advertiser.
London, England, 1819-07-19 00:00:00

COURT OF KING'S BENCH, SATURDAY, JOLT n.

BALDOCK. ESQ. e. WATERHOUSW.
This WAS an act►on to recover Isom the Defend-
ant, the proprietor of a coach going from the Swan !
with Two Necks, Lad-lane, to Tosquay and New-
ton Abbots, in Devon, the value of a parcel of
cloth, delivered at the coach-office in town, to he
forwarded to the Plaintiff at Tor►bray. The deli-
very of the parcel at the office, layd.laiw, was
proved ; that it was addressed •' Win. Baldock,
Torquay, Newton Abbots, Devon." The value of
the parcel was proved to be 24/. The porter who
took the parcel proved the delivery at the coach-
office, and produced his delivery-book, signed by
the book-keeper.
The defence set op was the notice placed in the
office, that the proprietors would not be answerable
for any parcel of a greater value than 5/. 'videos en-
tered as such. The porter who delivered tl►e par-
cel, however, ,were he did nut see the notice.
The CHIEF JUSTICE said, this notice was no de-
fence. Coochinusters could tart make persons ore
the notices stuck up in offices—hut they might. by
common care and prudence, relieve theutselve► from
responsibility by stating to persons bringing parcels
their role, or by directing their attention to the no-
tice board.
Verdict for the Plaintiff—Damages, 441. 6s. ;
costs, 401.

COURT OP COMMON PLEAS, SATURDAY, JVLT 17.

CONSPIRACY.
GUNTHER N. ELIZANETII ASTOR, WM. HENRY
ASTOR, AND JOSEPH, ASTON..
Mr. CHITTY opened the pleadings in this case
The declaration stated, that at, agreement was en-
tered into on the 16th of March. ISIS, brewers* the
Plaintiff and Mrs. Elizabeth Astor, by which she
engaged to take from the Plaintiff such piano-fortes
are he should make for a certaiu term of years, sod
by winch the Plaintiff agreed to supply the same ;
and then *eget on to charge the Delendants with
conspiring together to injure use Plaintiff in his
business, and to deprive him of the benefit of his
contract, by seducing from him the workmen who
were engaged in his employment. whereby he had
susheitsed great damage.
There were oilier counts, stating the offence dif-
ferently. The Defendants pleaded JVvt Guilty.
Mr. Serjealet VAUGHAN staled the circumstances
of the case. The Plaintiff in this case was a piano-
forte maker. living in Tottrobiren-street. seed the
Defendants were extensive sellers of those instru-
ments. on their premises in Coreihill. In Dtcem-
her, ISM au agreement was enacted into between
Mrs. Astor and the Plaintiff. by which the latter
agreed to manufacture fur Mrs. Astor six piano-
fortes per week, if she should require them, mid
by which she agreed to take each week not fewer
than three. The Plaintiff continued to perform
his contract till last December, when the De-
fendants. Mrs. Astor and her two #Ollll, b • g
jealous of the profit Winch he was making, deter-
mined to deprive him of his men. and thereby to
induce him to break his agreement. and deprive
him of the benefit of his contract. In this nefo-
rives conspiracy they had succeeded ; and to reco-
ver damages for the 'linty sustained, the present
action was brought.' lire profit on the contract
Was from 8001. to I,OOOE per annum.
The articles of agreement were put in and read.
Thomas Crippa was formerly in the employ of
Astor, as tuner. He quitted her ou the 17th
of April last, and is now to the employment of Cie- •

meta; knows the Defendants. On the 1401 t dr
December last, Wm. Henry Astor came to him in
the morning. and said, Well. Tom, we are '64,1
to begin to manufacture; what do you-think grit e.-
Wstoess told him, he thought it better to let it
alone. The Defendant %lid. 6' Why ?"
answered, " You now get Your instruments without
Ilrouble, and very good." The Defendant *Kid,
IP' As for trOuble, that is nothing. You know there
is that Nutting (formerly a partner with Ginithei),
and that Gooseq (a nickname fir the Plaintiff). have
tweet milking a ensued deal of y. Don't you
think it would he better to put that money in our
pocket r Wite eta said lie had no objectien. The
Defendant then c.id, " nOtl't you think we can
get Gunther's meet ?" Witness said, "No ; lie
did not think he could ; the men were well situated,
anal suett men were not rood of chnitging their
situaliAts."—" Well," said he, " dvai't you think
that money would get them ?" Witness staid.
" ;floury will do u great deal." The I)efetirlant
enen said, " %Veil, do you-think, if I get Poole
Men, • you Can get others ?" Witness grid, .1 No ;
he did not like the job ; it worth) be very trouble-
some and very expensive." The Deleiiilatit rani.
" As for the expense. that was a matter 1.1 no coil.
se y urtice to loin ; lie would be going 'III all the
time ; it would be nothing out of his pocket."
AS/Pores said, " He did not like it, and noold have
nothing to do with it." The (Mend:nit concluded
by slink, " Well, we are determined to begin ;
that Gil say %erred me a trick (mire. and I'll serve
him nut fur it." That was the whole that pepped
on the moroing of the 14.11. Witittioi then went
out, and retnriwil again at live in the evening ; lie
then paw the Defendant. Joseph Astor, who, on
teeing hint, said with an oath. " Well, T ttttt , I
have had si rare art-out to-day. I have beets up to
Gooney's, and have got till hi! men convog down."
IVite-ss said. irmnirdly, " i supp,se tII." me:m-
ing that he (1.41 but believe it. G. Well," said he.
"if you do not believe it, go up and see." lie
went up awl saw several tutu, whom lie knew to
have been Gindlier's ale u. They were sianilttig in
COIIVerMIIIIIII. Simrtly afterwards, by way of 1.11
accompaniment, he raw s Leer and gin going tip
stairs. Witness went down. soil was followed by Jo-
seph Astor, who paid, "I say, Tont, kir and filch an-
other gallon of ;we have got six or seven of them
to sign ready." 11' it siess'e bother went for !lie
NVitiiess afterwards saw W. IL Astor, who desired
that another gallon of ale might be sent tor, mid
" I have got fourteen to sign. nod I shall
have them all nicest I get diem 'direr parts drunk."
On the 15111. witness fletiry Astor
whell he slid, " Well, I.vr got four.
teen of (7.:.irisey's 111-'4 meal. I've given them N
a-pirce." lie mentioned tan turn of the
name of Clarke Niel Kepsell. Jit.epli Astor was
'neaten!, nisi! said these two men were (301114.)'it right-
hand men, and tlost hr could do nothing without
them. Witness said. "%'pill, who! will you do
with them ; vans have stn place to put them in ?"
He said, G. tempt gel a plum- ; some of thrift
will have finished their jo!ts in the course of a fa w
dis3eoritthwe must take akin into our einiiloyintitt.
or they will now think themselves hound."
ninny following, witness was celled by Win. 11.
Astor to examine au instrument. Wit lieNs examined
it, but saw tin fault. A key stuck, but win), ss said
that was no fault. Defendant then itaul, " Goosey
tine him something, and lie won't find fault."
Witness was desired in future to look sharp after
Gooney's instruments. William Astor raid, "We
will send him a few back, and that will !raze hilts."
On Easter Monday, the defendant, Win. Dewy,
raid to witness, " There* that Jack Dolhin (Mr.
Gunther's tuner and finisher, the at difficult
workman to he got in the business), lie wants to get
more svugt-s; you know, for such a man, a pound a
week is no object ; you had better go op 10 the
west rod of the town and see I • ." Witness did
go, but did not ask him to coin. sway.
Daniel Kepsell wu, in the employment of Mr.
Gunther as key maker. lie had been in his
vice nearly eight tears. Ili December last, Mr.
Joarph Actor came to the manufactory, awl paid,
" Bassett, my brother %William wants to speak to
you at Mr. Oxeoliani's, io O' ford-street." %Vit.
nes. went, and saw Mr. NVilliatai Astor, who
" going to take the bmisorts lulu iii)'
own hands; iii a manner of vealtiolig. Pan your
master ; you know vary well the in ttt ry
comes all f Cortihill, and if I stop that ttttttt vv.
Mr. Gunther c t carry on his liminess. Will
you wink lair nie ?" %Vanes' Paul lie would Pike
time to etio.ittre or it. lftusess was ilow going
away, when Mr. Astor mill, " I all your filen
that I want t•i see them at Conant! between fonr
and five o'clock." Witness said lie did not dike
to 410 that. it looked like is conspiracy. " Then,"
sand he, "my brother Joseph shill do it." Wit-
ness arta ill Mr. Astor's in the of:rumps,. beti..en
lOW and five ; he saw revere! of Mr. Gutithei's men
there; 'moon: them were Chu ke, Ellis, I.'innionis,
Warren. Austen, Lis'e, and other.. There were
about twetity-eight altogether. Nfr. Witi. Astor
came to florin, and hint romp entiversati 111 l
nem stopped nn hour and /I half. A paper war pro-
duced, and was rigor) by steel:el or the mess. Wit..
twos was one of those who signed it. Tiie aubatauce
of the paper was, that those who signed it acre to
woik for the Defendants, and on others, as long as
they chose to employ them. %Villiers received a
pound cute for his stgonsture, and the others that
signed received the mine. There %sere refreshments
int the table; beer, ale, gist, runs, bread mid cheese,
and plenty of it.
In cross-examination, witness slid lie was still in
the Plaintiff's employment. The business of tire
Plaintiff hurl still gone on, but in a leas degree than
lwfirte. The men went back to the Plaintiff's to.
finish their work.

witness mid that in December
their hour to strop work was right to'clork. They
*rot away, trout what had loosed Mil, Mr. Astor, j
at two o'clock, and did not more, on that day ;
When they came back the oral day, they Weft all In
COlifawion.
Qiierti 4444 efl by the CHIVY JUSTICE—The men
worked by the juts, and not by the week. •
John bolhio, was inner and regulator to Mr.
Gunther in December last. 04 the lath of De-
eember last he received the note ',minced. 1 lie
note requested that he wink, call sip Mr. Astor,
on Cornloill, immediately. trust Mid saw
great number of the Plaintiff 'a men collected.
William and Joseph door were forwent. 111. y
had plenty to eat aid drink at first, and then Mr.

Wiliiem Astii eitiri he minted thesis logarilier be. 9
cause he was deter rd to take the ataaufbeturing
part into his own hands; he wee well ratiofied frith
Goutlwr's instrument% sod wished to have the
asnie workmen wills him. Ile ass Naked, whether
tins would not he the means of Mr.• Gunther's
breaking his contract .? he said No. for he hint-
self would break the riontract, 1111(1 that within
month;' Ile added, that he boil an agreement for
them to siWit. I-le was then re quested to leave the
nano. In give the men no optont 111 l il y to consult.
Pr.-sinus to his going out. Mr. Lisle. one of the
mess, objected In sago, as U would be an injury to
Mr. (' l her. Mr. Astor said, if they liked, he
wrothl insert in the agreement that Gunther's con-
tract should hr broke its a mmith. The agree-
ment win. afterwards brought in mid read. It
',leaved the men to work for Meters. Astor and Co.
and far no other manufacturer of piano-fortes, as
lone as they fount) thesis employment, in considers-
tht of a plaind then paid. Those Who signed got
a pound, and those who did not gut ss. Witness
11111 Mil sign. Mr. Astor him why he did
I not sign ; as.tl lie slid, he dud nut wiali to cause Mr.
Ginither to break his contract ; but that when Mr.
Gunther h:.d drier with the contract, he would be
a. 1e3(13. 10 mods for bins as fur uny other Gentle.
Mr. Astor mild that would not du. Mr.
Gunther sustained great
q.,..ssioned by the CHIEN JUSTICE—.
" My work was dellayed its consequence of going to
the meeting referrei to. In consequence of the
number of men taken away by the Defendants'
conduct, the Plaiotifiistio nimble to accomplish the
woi k reqoureil by Mrs. Astor in her notice. He
bled to get te her 'stet . but could not, and was um-
able to complete the contract."
Some notices. setved upon the Plaintiff by Eli-
TO:till Astor to do particular work, were then
put sit.
Mr. John Gill confirmed the testimony of the last
•Wttiei,,, as To the meeting on die 14th, at A..tor's.
Th- humors. of Mr. Gunther was much interrupted
iu consequeoce of this mectisig, and many of the
mess It It Iris employment.
Other wstiteases were culled, who gave testimony
to the .:nor ct.
Jrtnes Graves bring sworn. said, that he acted
for Huse I•e.irt as foreman to Mr. Gunther. The
isrlifirs ~.ersvcil limn the cusitract were from 8001.
to 1,000. a year.
Mr. Serieisiit LENS then addressed the Jury
shntsh stn the part of the Defendants. He con-
tended, that there was no conspiracy iu the present
cast —and that, though the conduct of his clients
might not be entirely exempt from blame, it watt
tout a ease that called for exemplary damages. it
in•rfectly fair, on their port, to engage men to
murk for Orin who were in the employment of an-
other, moil who were not required to relinquish such
eitiplo meld until they were perfectly free to do so.
Mr. Seljeaist VAUGHAN replied. He comment-
ed with great severity on the conduct of the De-
fy:ll6los, also eodeavitured, he said, by most 1111111ir
and dlOllOll ttttt able means, to force the Plaintiff into
is breach of contract. They were themselves, in
reality, the persons by whom the contract was
bloke'', and he hoped the Jury would punish them,
not merely by w verdict of 2001. the penally under
which the contract was secured, but by damages
cr tttt metssurete to the very serious injury sustained
by his client.
The CHIEF JUSTICE having summed up the evi-
dreier, the Jury iu i 4 short time returned • verdict
for the Plaintilf.—Datuages, One THOUSAND biz
HUNDRED POUNDS.