The British Press; or, Morning Literary Advertiser.
London, England, 1824-02-27 00:00:00

CHAFFrIS v. HALL.

Mr. MARRVATT opened this case. It was an action upon a
bill of exchange of 2001. drawn upon the " Oriel Copper Corn-
Pan_7," wed accepted for that company by Mr. Claughton, M.P.
Mr. Buo unlfht 3f Conducted the defence.
The Oriel Copper Company existed only in the person of Mr.
Claughton. A bill of his in that character was indonod by tba
defendant, Mr. Hall. It was not paid when it became due; but
another bill of 2001. was given to the plaintiff, which had not the
indorsement of the defendant.
The only question in the case, as raised by Mr. BROUGHAM, was
whether the second bill was a substitution or a collateral security.
11 the former, Mr. Hall could not be liable ; if the latter, he was
u%questionably liable. The Learned ('outisel contended that the
endow of Mr. Score, the attorney, was not suflicieix to satisfy
them that the second bill was only given in security of the first
bill.
The LORD CHIEF JPST ICE said. the question had been very
fairly stated to them by the beamed Counsel, but one fact was de-
cisive of that question ; that was, that the first bill was left in the
possession of the plaintiff when the second bill was given to him.
If the second bill had been a substitution, the first bill would at
once have been taken up from the plaintiff:
Verdict foe plaintiff—Damages, 2171.
WILLIAMS MID CO. V.WITTIC

The plaintiffs are stationers in London, and brought this action
to recover payment of paper and stamps supplied for the Leeds
Gazette, whiCh soon afterwards became extinct. The question
wail the partnership of the other defendants besides Nudes, who
suffered Judgment to go by default.
Messes. Poxes:Ka and VriT.DE conducted the plaintiffs' case.
Mr. Hays, who had charge of executing orders to the plaintiffs,
proved sending stamped papers for the Leeds Gazette in Harem-
bee, 1819.
Cross-examined by Mr. SCARLET T.—The order came from
Mr. Lowe, a partner in the firm of the plaintiffs, who then tra-
velled for them. Witness could not say how Mr. Lowe received
the orders, Ile knew not George Mudie.
Mr. Bnyshaw wu spoken to by Mr. Mudie to report for the
Leeds Mere-urn. Mr. Bailley said he would be paid every Thurs-
day, if he made out his account. Mr. Bailley was applied to by
witness about going to the Pontefract Sessions, and was referred to'!
Mr. Dixon, who told witness he might go, if 31r. Bailley thought
proper. In the Committee witness saw 81r. Mudie, Mr. Bailley,
Mr. Dixon, Mr. W. Smith, Mr. Lonedale, Mr. Massey, and Mr.
Atkinson. Ile saw Wm. Saynor there; Mudie was editor. He
knows Litdewo)d. Littlewood asked witness's candid opinion of
the Leeds Gazette, and said he had given MI., but they should have
no more front him.
By Mr. SCARLETT.—I was first engaged in January, 1820.
It was Mr. Mudie engaged nie. Bailley spoke to me about the
end of January. The Committee met on Fridays, and I saw the
persona I mentioned go in there more than once. It was Mudie's
dwelling-house. Mudie carried on the Leeds Indepeadent before
this: it was lower down in Brig-gate. I never knew that Mr.
Smith had been his book-keeper there,and had accompanied Mudie
to the Gazette, when he quarrelled with his partners in the Itt.k.
pendent. Smith had been book-keeper of the Intelligence..
saw him at the book of the Independent. I have seen hint at the
desk of the Gazette, talking to Beckwith, the book-keeper. Mu.
die's house was the place of business, to which persons having
business with the paper resorted. The paper lived 22 or 23 weeks.
At the end of that period Mudie ran away. Wm. Massey, whom I
saw going into the Committee.roont, was a carpenter, and had
fitted up the office. I don't think the carpenters had finished their
work before February.
Mr. Laidlaw knows Bailley, Dixon, Lonsdale, Saynor, W.
Smith, G. Smith, Massey, Mrs. Wilde (now Mrs. Massey), and
Littlewood. I got subscribers. Bailey told me he was proprietor
with Dixon. Lonstlale, W. Smith, Mrs. Wilde, and Massey.
They wished witness to take a share.
Cross-examined by Mr. Atioessow, for Mrs. Massey (then
Nitde).—it was after the paper was commenced that Mrs. Wilde
mitt me she had been disappointed of a share in the Gas Com.
puny, which h:td turned out very profitably ; and to make up, she
had taken a share in the Gazette, which had proved very un-
fortunate. _ . .

George Beadwith, the printer of the Gazette, saw in the Com-
mittee, Rainey, Lonadale, IV. Smith, 3lasscy, Dixon, and At-
kinson. Littlewood said he hail paid a little slain. which he wished
to have back, as he was afraid it would not aiawcr the purpose of
the parties.
Croaa-examined by Mr. PAlLlio—The Committee room was the
Editor's room.
Re-examined.—That signature I believe to be Mr. W. Smith's.
Wm. Beckwith, clerk and book-keeper, knew the Conimitiee-
room, and saw several persons pass through the shop to that room.
This witness knew nothing of his own knowledge.
Mr. Scan rETT—Ite pleased to say nothing of what you wrote.
The Loan Ctttet J t•ST ICE—iie will say no more than he can
hcl-

tp.
Mr. SC AIIILETT-11e says what he knows.
The Loan CHIEF Jt: STICE—It is evident he knows more than
he chooses to tell.
Mr. Ward, the attorney for the defendants, proved the hand.
writing of Dixon.
Witness appealed to the Court whether he was bound to give mi.
defence of what the defendants had communicated to him.
Mr. SCAILETT argued that the attorney was privileged. Be
knew his Lordship had admitted evidence of this kird more libe-
rally than his predecessors, yet in this case he wished to be heard
in objection.
The LOAD CHIEF JEST IC E said he had no doubt at all upon
the point. Mr. scarlet' might raise the argument as a bill of ex-
apnoea, or in any other shape lie chase. Communications in the
cause were not evidence, but communications previously to the
action he would always receive as evidence.
Mr. Fscait•Evr took time to cer.sider the shape in which he
would raise the question, if it should be found worth while.
Witness was applied to in January, 11120, to draw up an agree.
meat, by Mualie mid Rainey. They said they did not know the part.
ners then. I have the agreement in my pocket. I received it after
actions were coutmeneed.
Notice to produce was admitted, but Mr. SCAELETT would net
puce.
Tits Ann v.—The Ist Division of the lißth Regiment rot The 1..0a yi ofentTir..ni‘olit he could
of Foot, which marched on Wednesday, from Brighton, examined I:jai:tor thelr
namedS r IC injithcele:YrlrT
'yen to witness after he had began to receive.- irstructitnut in the
and the Vd Division, which marched yesterday, will arrive 5/fence of the anion brought at York.
at Portsmouth to-morrow and Nlontlay next. This corps 1 Witneas—l don't recollect ever seeing Somme at a meeting. 1
is to embark forthwith for Cork, for the purpose of re. sum mooed a meeting of the proprietors after Medic had Mid. I
placing the Ist Royal Veteran Battalion, which has march• summoned Clover. Ogden paid mete
rmight. nor tslynor. money for the defence. I never
cd frotn that station to Galway. The Ist Division of the saw Ogden till after aettuns were oit tt-,
...t. . ~....ARLETT reminded his Lordship, that in the action at
34111 Rl.Timetit of Infantry will arrive this day at Ports- York the defendants were proved to have become partners aftet the
mouth, from Windsor. The 3il Royal Veteran Battalion, ! goods had been supplied.
now et Cork, will, on the arrival there of the SStlt Foot, I George Marshall, a compositor, was called, but knew nothing of
embark for England. 1 Saynor.
A petition praying for the Abolition of Slavery. I The Loans Cuter Jr$TICE—You must call the plaintiff:—
with Nonsuit.
[ too signature". has !non transmitted from this town to The Loan Cutts* JUSTICE (to the Jury)—One of the come-
' l'arliament.—Burs Gazette. qucnces of giving ',edit*, we know not whom.

COURT OF COMMON PLEAS, TMIDAY, Fes. U.

IILLII V. WAVIIE.

Mr. iv rLDE opened the pleading.. It wait, aetion on a policy
of insurunce.

3lr. Seri,ant PELL star' the case, and said he hoped it would
not occupy much of the time of the Jury, as it was a very plain
one. It was an action, as they knew from his Learned I'6,l:lid, en
a policy of insurance effected on the ship Anne*, on her pes,ars
from Grenada to London. lie would give them the dates of her
sailing ; she sailed from Landon to Grenadaon the lOth of Deenn..
her. 102-2, and she arrived at that place on the Ith of January,
1323. She then diselveged her outward• bound cargo, and enterid
into various contricts folf homeward frr :gbh She continued moving
about moil the 3d of F ebruary, when she wars hint in Grenville Bay.
fie would state what he understood to be the law in this case, under
the correction of his I,ordithip. her outward voyage terminated oar
her arrival at 1;r-enacts ; there could be no doubt therefore, as to the
ship. The vessel was lost before took in any of her homeward_
bound freight. lie then referred to the case of N,riek v. Eames. to
be found in Camplvirs Reports. vol. 3, to show tha state of the he
ss applicable in the present Instance. The Learned Counsel also
cited the case of Trescott Tristy, in support of his view of the
law. The principle for which he now contended was, that engage.
meets having been entered into between certain plantation ownersef
the Island of Grenada and the owners of the vessel. to ship gun.
lilies of sugar on hoard, end that in con Sequence of the loss of the
vessel, the owners sustfining a lass, the underwri'srs were liable.

•
Mr. John Ilunt, the master of tho Aurora, Was examir. iI to
prove the engagements entered into between some planters at (he.
nada, with regard to the shipment of sugar; he also deposed to
the lova of the ship.
_ _

Mr. Sergeant 1.6 !taw appeared for the underwriten—lie
thought it would partly resolve itself into a question of law.
There were two points for their consideration; first, urea the
policy on the ship, and next upon the policy on the freight. Ile
would take the last point first, as the other side had made it the
strongest. With reference to the facts of this use, the Jury
would see whether there was a binding contract actually eotertal
into for the homeward frright. The expectation of a fright
would not do. Lord Ellenborough, in speaking on a policy of
insurance on ouch an expectation, said that it was a policy nct
only on an expectation, but on an expectation of an expectation.
He was ready to admit, that if the freight had been on board, or
if there was such a binding contr..ct between the parties as would
maintain an action for breach of faith, the underwnters were bound
to make the owners of the ship full indemnity ; but there must he
such a contract, reciprocally binding, anti one which might be en.
forced in A Court of Law, to be re fEcient to make the underwriters
responsible. He now came to another point, and it wax a very im-
portant one. The ship, the Jury would observe, at the tithe she
was lost, was not seeking her homeward freight, but proceeding
to discharge her outward cargo ; so that she was not in the pur.
suit of any legitimate object under the terms of the policy, which
only related to the homeward voyage.
Mr. Justice PARK proceeded to observe that Rome points had
been raised by the Counsel on both sides, on which he had at pr,.
sent no doubt. The authority of lined Ellenborough had been
quoted by the Counsel fur the defendant relative to the questimi of
the deviation of the ship in going from port to pon round the
Island of Grenada. The judgment of that Learned Judge, in the
case cited, was in opposition to every decision in this Cou.t for the
last hundred years. The most important question, therefore, was
that of freight. His Lordship could not distinguish between a
written and parole contract. It was for the Jury to say whether
they believed the Master of the vessel; and if they did, they would
give a verdict for the plaintiff.

.Mr. Sergeant %MOHAN, before the Jury gave their verdict,
informed his bord.hip it Val his intention to tender a bill of es.
cemions, on the point of the alleged deviation of the ship, in
coasting, from port to port.
The Jury, under the direction of his Lordship, gave a verdict for
oho plaintiffs--Damages 1951.
. .

The Jury accompanied their verdict with an °pinkie that the
veslel entered Grenville Bay, not only to discharge part of her
outward cargo, but also to take in part of her homeward freight.
ills Lordship took a privete note of the Jury's opinion, and aloe a
note of Mr. Sergeant l'aughan's objection to the direction of his
Lordship.
The question which the Counsel were anxious to have settled
was, at what Cowan outward voyage terminates, aid when a home-
ward policy begins to attach. This point will undergo 'aims at.
*fluent.

SPORTING INTELLIGENCE.

HUNTING APPOINTMENTS FOR NEXT WEEK.

PM:es meet on Tuesday, at the Dog and Partridge; and
Thursday at Langden Hills.
Sir B:gingham Graham's on Monday, at Highgate Common;
and Friday, at Tong Village, eleven.
Sir Richard Pultston's on Tuesday, at Sbocklach Green; and
Thursdsy, at Gallantry Bank, at eleven.
Mr. Meynell's on Tuesday, at Kedleston ; on Thursday, at the
Flourish Inn ; and Saturday, at Hoarcross; at half-past ten.
Sir lieu. Sitwell's on Tuesday. at Pleasly Park ; and Feiday, at
the fifth mile-stone, on the nhearld and Chesterfield road; at ten.
The Cheshire on Monday, at Barr Bridge; Wednesday, at Bur-
leydam ; Friday, at 3larbury, near Whitchurch ; and
.Saturday,
at IVrenbery ; at half-past ten.
The %Vara ickshire go on Monday to Kenilworth.
The East Sussex on Monday, at Ringle's Cross Turnpike But-
ted, ft ten.

THE IRISH CHAMPION'S DE', LARATION TO THE
SPORTING WORLD.

ClLSTl.carrst—Mr. Spring, in his letter, speaks of his wish to
avoid " chaffing, and bring matters to a right understandirg "
le-
tween hint and me. To show you, therefore, that tie choSiug is
not on ,n. sire, and that / am really anxious to have matters clearly
understood, I beg leave to submit the following facia to your judg-
ment :

When I challenged him in Manchester, fur 1001. a-side, he pre-
tended to treat my offer with contempt (though he had never, but
in one instance, fought for more), and named 3001. as the least
stake,--a sum three times greater than any for which he had ever
cot.tended. But though he was afterwards shamed into agreeing
for 3001. a-side, yet he calculated on my inability to raise so much ;
and to prevent my doing so, he and his friend, besides thrown.;
other obstacles in my way, contrived to induce the Bendel:An who
agreed to put down the whole sum for me, to withdraw his patron-
age, so that it was with the utmost difficulty I raised the battle
money.
As to the battle—it is needless to repeat that I have good reason,
to complain of the treatment I experienced. Every unprejudiced
witness will bear me out in this,and ntyfriewis are so satisfind
with my conduct, that they are cad), to back me against Spring
for 5001. on a sla,w, which they think the only way of guaaling
against, repetition of unfair treatment. Ant when Spring finds am
' thus supported, he raises his demand to a thousand; on the ground.
that I challenged him to tight fur any sum from 3001. to 1.0001. 3ly
words wore—that I would fight him for, from 3001. to 3001., or for
1,0001., if I were backed, and I do not deny them; for, if I had
100,0001 I would confidently stake it. But 5001. is a auto between
3001. and 1.0001; and, if I could get backed for 1.0001.. I should
rejoice at it, as it would at once do away this excuse of Spring. I
think, however, that it will not tell much for his credit if ne cc .
tinues to reject the 3001., which 1 row command, and 301. of whias
I ant ready to lay down at Belcher s. to make the match, any tin*
he thinks proper. I believe nine out of ten, hi the spirting world.
will agree that Spring cannot honourably refuse this proposal.
were it even only to meet the complaint of foul play, which I am
justified in making with rcgard to the former battle.
But he has also pledged hunnelt, when he received the champion-
ship, to imitate the donor's conduct. Then why not redeem huh
pledge, or resign the gift ?
Ile says that he does not wish to enter the ring again. Thil
is mere shuttling. lie ought not to hold a situation for which
he has no taste—he cannot, in justice, have the honour without
th^ J.:lacer. If he will not fight, then let him resign the cham-
pionship to one that er ill—m a man who will not want to make a
sinecure of the tide, and sill always be ready to fight for a stake of
300 L . .

Permit me again to repeat, that I am ready to make a match to
fight Spring fur 5001. within lOU miles of London, on a stage
similir to the one on which Cribb and 3lolineux fought. Spatting
exhibitions 1 cannot attend, till 1 set-to fur my felmd Reynolds on
the 17th of March.
I ant, Gentlemen,
Your very obedient servant,
JOHN LANGAN.