The British Press; or, Morning Literary Advertiser.
London, England, 1819-08-04 00:00:00

TROVF.R FOR A GUI'.

FROST O. ohnsusa.
Mr. Quilts mated. that the Plaintiff is a-So-

who brought this action to recover a Ron
which he had lent to one Syntev, who sent it to the
Defendant to repair. The hitter, discoveriteg that
the (ulloaiiß•piece was the property of tire Flinn-
tiff, refused to return it to Symes, although the
homey vras tendered torn for cleaning it, on the
ground that the Plaintiff twiiig the representative
of his father, who had owed the Defeadant's inn.
ther a bill. he was resolved to keep the gun till
it should be paid. Nlr.Casherd concluded with
observing, that he supposed his two learned friends,
Mr. Moore and Mr. F. Williams, must have 'mime
gun or other he was unaware of,, or they would
scarcely appear there in array against Ingsi on an
plaits a ease.
Mr. Mosley, declaring that be did not think
himself a very great gao, and that he was sure the
little howitzer ou his left hand had not so alarming
un appearance as to occ.astuti such fears of a rait-
sionade on their part, protested that his Learned
Friend's gun had altogether visaed fire. At least,
if tie pretends to a verdict, he will find that " as
sure ass gun" can tiever be said in this cave. The
Learned Counsel g►ounded his defence on the cif.
cionstance of the gait having hero returned,
tat hough at first refused" before the action was coin-
menced. Thin proving nut to have keen the fact, as
the person who served the writ proved to the satis-
faction of the Court, a verdict was found for the
Minutia:

MIAMI v. TBNABLIES.

This fess soother act of trovrr.

Mr. F. Wit.t.tsus stated the Plaintiff to he an
humble but respectable shoemaker. the Defendant
a clergyman of the Established Church. This ac-
tiomwas brought, not to recover damages, but to
teeth officious and over.•ealous meta that their erss
thusiasin furnished them with no excuse for intr•d&
Mg with presumption and srrogatice into the houses
of their neighbours. On this occasiosa the Plaintiff
had left his house, it was to be remembered, when
he received this visit from the Rev. Defendant.
lie understood that the latter assumed superior
sanctity, that he shewed more anxiety than the
rest of his cloth to perform the duties of his pro-
fession. This, perhaps, might account for the
prying curiosity with which he had conducted
himself on the occasion : for, excepting • person
is influenced by such a motive, it were difficult
to imagine what shouts! induce hint to be guilty
of so gross a 'trench of good manners as to pry
about the room of a strasiger for books, and then,
unauthorised, to put them into the fire. In the pre-
sent case the Defendant had done this; under pre•
truce of attending at the Plai ttt itro, who was a new
parishioner of his, he had with the most unjustifiably
familiarity burnt two book., solely because he
thought them. forsooth, likely to corrupt the morals
of the Plaintiff's wife! I give you my word, said
the Learned Gentleman, there is not a page iu these
books which can injure any body : but how came
this Reverend Divine to know what good or evil
they contained ? Ile only looked at them for a
minute or two, before hr made too unreasonable re-
quest. Either he had or bad not read them. If
he lead, they were nut likely to injure another more
than himself; if he had not, why did • he tarn
censor and destroy them ? Religion can never be
served by such conduct as this: like is solid, cheer-
ful, of the must tolerant spirit, sod of a benignity
which scorns offending. Hut aieurding to the en-
thusiasts of the new school, she bears a very diffe-
rent character. They would leave her so tight laced,
that she would be in danger of suffocation in their
hands—so formal, that her powers of attraction
would erase to captivate—so rigid, that the severity
of her frowns would loot its bower to overawe the
impious nod profane. The Learned Gentleman
then called a swum, who proved the.facts of his
case a. follows :

The Plaiutitf keeps a turnpike-gate; he is •
shoemaker. Witness, a perfect struniter both to
the Plaintittand Defendant, happening to bealarared
as she was going by the house of use former, turned
into it for protection. At that time Mr. A'enable*
was in the saute apaitment, talking, as she said, of
many good thing*. and hoping that Mr. Drake
would keep his church. This he said to Mrs.
Drake, her husbend not being at home. He looked
romid, and saw some books on the dresser.—
Our, a rennin' book, he said was very good ; but
the other two (it never appeared what they were) lie
said were not lit to be perused. He only held them
10 minutes in his hand; before he put the second book
down, he asked if he might burn the books. She
answered first of all, that she had given them to a
fiietid. Mr. Venable* said he would give her and
her frieud a good book each an the place of them. if
she would give him permission to hurt thew.. Mrs.
Drake said it was a matter of noldfereoce to her ;
she would rather have a good hook. Upon this he
tore the leaves out, and put them between the bars
of the grate.
Cross-ezunsimed.—Never saw a gentleman con-
duct himself with more propriety and civility. with
nothing of +resumption or arrogance. Mrs. Drake
thanked hint, said said she would call on him for
the books which he had promised her.
Mr. Serjeatit PELL, in reply, said, that we lived
in very 'angular timer, when the streets, of popular
feeling took two intr.t opposite directions. He who
• pretended to On ettention to religion somewhat
exceediog the lukewarmiletw al those who 'meowed
• cold suurality, was coiwidered a Methodist ; if,
oat the other hand, the regard to our religious
duties was uttaccompamed with enthusiasm, it
would in the opinion of another party consti-
tute as reprobates. The Learned trentlemati de-
clared. that no earthly motise should have induced
him to bring this must unworthy action. He
completely vindicated the Defendant's v:arac-
ter from the reproaches which had been cast on it :
where. was there any cant enthusiasm or inethwinou
in Ins conduct ? He was indeid grieved to hod
that a clergyman is to be suspected of being oser-
righteous, or of too • strait a sect, because lie
performs his bounden deity in visiting his parishion-
ers, aid seeing that they are hut poisuned by
the insidious vest((((( of impious and profane writ-
ings. If a greeter curer titan another at this too.
Meld visits out nation, It is that iiichilattuti to cor-
rupt, by 'IMO' writings, the ontuds of our youth.
Scandalous and tufatilnila art they who take plea-
sure in poisoning the 'And briquette* of the Stat.
and who pot the canker of infidelity iti the bud,
Which, but for this, would put forth the fairept
bleeettass, mud ripen ink) he choicest fruit. Assisted
'by them free-dunking sputters, suiteism end Immo.
ruddy smite to ler lilt waste, whilst a due regard to

our duties constitutes us ove• righteous, and a me.'
Tepee for religion eutitles us only to the character of*
enthusiasts. Ilard. indeed, world it be for the cler-
gyman who resolves stnctly to perform his d.ty. if
hr is i he told by every shoemaker in his parish,
through the mediation of his at torney, as the embalm.
dor on the 'imams. how far he may go, and no far-
ther. The present action, he repeated it. was one of
the most base description; it was brought without
wanting. without intonation. Where was the charity
or the sense of duty that should ever actuate the
parishioner towards his pastor here? The first
intimation that his worthy intentions had so offended
the Plaintiff be conveyed to the Defendant in the
slisle of a writ. The Learned Counsel closed
very passionate defence of his client. by insisting
that in law the action was nos maintainable, tin
account of the particular property which it was to
be inferred the husband gave his wife iu the.books
iu question.
The Learned Judge, Mr. Baron GRAHAM. mid,
that hr did not know what reason there was, why a
shoemaker, any more than a cobbler. should go
beyond his lust. It was most probable that these
hooks contained something very per to the
morals: et the same time, the Defeudairt seemed
to have exceeded the limits of his duty in destroying
them. It was a question for the Juiy. The words
of the wipe could scarcely he interpreted into a
license. The Learned Judge declared himself to
feel greater tranquillity than his younger friends
who had severally addressed the Court ou the
subject, as to the interests of religion. " Religion,"
said his Lordship, " will always make and preserve
an influnice over the mind of every one who has at
heart either his own happiness or that of his children.
She needs not any fertile succours from us, to pro-
tect her from the excesses of enthusiasm, or from
the attacks of the impious mid profane." His Lord•
ship proceeded to ohserve, that shoemakers pleaded
a sort of prescription to interfere in State matters,
and it was well known that an Englishman was
so taught from his infancy to regard his house as his
castle, that the indignation expressed by the Maio-
tiff on the occasion was more excusable !whops
than it might at first sight appear to be; at the
same time, that the Defeirdant had good reason to
complain of the uncharitable temper which had
occasioned this bring brought into Court on such
an occasion.—Verdict for the Plamtiff—daniages,
one farthing.

Inn. It had nothing to do with this action brought
by the mother ; but hr would not disguise
itj-
the • daughter had brought an action for breseh
of promise of marriage in Lerfeaster. The cause
was tried before the Learned Judge aim now
presided in the other Court, and the Jury thought
proper to redact the damages, because Miss Settle
had yielded leer person to the Defendant He
could not now enter into any discussion here
upon this circumstance : he only mentioned
that the Learned Judge had heel' of 01 that
her having placed trio much faith in a faithless lover
had impaired her right to d iiii.,grs in vindication
of her character. He would former state, that this
action would not now have been brought, but that
the adviser of the Defendant had provoked it by
canting fur the expense. already incurred. Notice
had been given that the case would be called in
Court, and to prevent a 11011oUlt it wall now before
them; but now that the case was brought before
them, lie did confidently call upon them to give the
Plaintiff suitable damage* for the comfort, repute.
tion, and endearment of which she had been deprived.
Every master, whether merely a master, or also a
father, had by the law of England a species of pro-
perty in his servant, and was entitled to damages, if
deprived of the services of that servant by seduction.
If, in the ordinary case of a master, his claim for
damages cannot be effected by damages given for
breach of promise of marriage, how much stronger
must remain the claim of a parent to damages for
the loss of all those endearments which the one
owed to the other ? A placid has an interest which
no money can purchase, or conjure up iu the
breast of a mere servant. The action here was by
a parent for the loss of the service of a child ; but
the Jury would take into consideration that her
honour too was stained by the artifices of the
seducer of her daughter, and that her daughter,
instead of being the object of her pride and s.disfac-
lion, was rendered a source of reproach and dis-
grace. The Jury would therefore give suitable
damages to the Plaintiff.
Mr. RA IME here entered into proposals of accrim-
modatton. and it was at last agreed to take 2001.
of damage:, mid 9.5/. expenses.

CONSISTORY COURT, Tonle, JuLir 12.

DEPRIVATION OF A CLERGYMAN BY THE
ARCHBISHOP OF YORK.

■RADFORD AND WHITLEY V. NEESOM, cLvax.

This was a volt at the instance of John Bradford
and George Whitley, clutprlwa►dens of Pareley.
bridge, in the parish of Ripon and diocese of York,
against the Rev. William Neesoin, clerk, cuire
of the perpetual curacy of Pateley-bridge afore.
said, for his profligate life and conversation, the
crime of drunkuess, and neglect of his ministerial
duties.

The Defendant had been upwards of thirty years
curate of Pateley.bridge, and the articles adiniited
against him state that he had, for several years past,
been addicted to gross. habitual, and excessive
drunkenness—had, at divers times, been drunk
while performing Divine Service in the Chapel of
Pateley-bridge—had, in the same Chapel, and
elsewhere, uttered indecent, impious, profane ex-
pressiona—asid hid also at sundry times refused to
perform the duty belonging to the curacy wheu re-
quired. The articles were fully proved by many
respectable witnesses. inhabitants of the chapelry,
and others. No defence was offered.
The AitenstsitoP addressed the Court in a short
but eloquent speech, with great energy and feeling,
and concluded by pronnuticing and declaring the
said William Neesom to be altogether unlit and un-
worthy to verve the said perpetual curacy of Patelsy
Bridge; and for his crimes and offences aforesaid,
decreeing him to he deprived of the said curacy ;
and the attune, with respect to the said William
Neesotn, to be vacant to all intents and purposes us
law whatsoever.

NAVAL INTELLIGENCE.

Avow'? I.

Arrived the Marchioness of Exeter, Gilpin, from Java and
the Cape of Good Hope ; and Abeona transport, from
Halifax. _ _ .

Passed np Channel the Mary, Femme ; and Reward,
Barclay, from Jamaica. The Mary spoke on 17th July, in
long 30. the Heleu,from Liverpool for Philadelphia,
all well.

Sailed the Duke of York, Finlappet, for Malaga; aod
Venus, Fusard, fur Havre.
FALMOUTH JULY 31.
Arrived off this port, acid proceeded for London, the Per-
cival, Forrest, from Miramichi iu 28 days.
Arrived the Arygo, Simla?, from Riga.
Sailed the l#dy Arabella packet, II jib a mail for Lisboa.
DEAL, AUGUST 2.

Remain in the Dolma the Severn frigate, and Jolass, Jack-
son. frum Jamaica fur Newcastle, with several mute bound
to the northward, particulars unkuuwo.

LivritrooL, ♦UGUST 1.

Arrived the Alice, Porter, from Jamaica ; sailed 15th
June : the Jamaica,•llarvey, sailed for Liverpool sth June ;
t►e St. Grow was to sail fur Htliast 11111 s June ; the Veer,
(or Liverpool, Alexander, for Glasgow, and Simam, Taylor,
awl Lady liar), for (motion, were to sad 17th June. On
Mb July, to lat. 314 long. 60. spoke the Pair Hiberuian,
from Jamaica 1.40 DWAIN Out 43 days. CM 23.1 July, in
lat. 51. lung. 20 spoke the Cumulate, (runs Priem Edward's
Islaud, fur Bristol, not 34 days.

The last accounts Gout Stockport state that
Maui is likely to recover.

BuauteßY.•—On Friday night, or early on Satnrday
maiming, the Grey Cost Schuul In Totbill•6clds was broken
into, and s great quantity of plate, linen, &c. stolen.
Gilmore, au officer of Qoern•rgnnre, went to examine the
premises; he found that the thieves had effected as entrance
by means of a centre his. a ilh which th. y bored a hole IN
the window shatter satlicu•ut to admit a mar's hand to
loosen the bolt and throw up be sash.