The British Press; or, Morning Literary Advertiser.
London, England, 1806-02-12 00:00:00

COMMON PLEAS, Fes. It.

The pr.sent proves to he an unusually gay sea.on
it YOrk : there is a ;;:..nee rescrt of Cie principal
earaihes of the Ni rtli to their ca.i.al, than usual, this
ar, and the presence of the .oiiicci s of two very
n", reßinsews„ add., cntrodcra'lly to Ole i;aiety of all
:ha public Anausenici.ts t.f. Yu; k.

IHOLCY r. TOMKINS.
This was an anion on a bail bond, be-engin against
the Defends t, to recover tae sum of 6rdi. On the
290 of last month, an execution was ;wled against
bus goods, and, by virtue of it. they %vete sold cn the '
30th. Some days since, Se:leant Ethep!-.crd, en the
part of the Defendant, oletained a conditional rule
to set aside the execution, with cons; on the ground.
rlsat a writ of error had been taken out and served
on the Plaitriff. belbre the ex..cution had been laid
on the ucids, vie, on the -3...,ftft of danuak .
&Arent' Coccus,. and ;lay t.sly, for t!:e nAin-
tgi. this day appeared. so ahew cause against the
role. "L'he different affidavits made on bath sides
were read. 'liaise made he the Defendant, his
children, and cevant, stated, that. rrotwithstauding
the writ of urn; had been regulady sued out, and
served wi.h all due formality on the 29th of Janu.
ary, a perm of the venue of Clieson, who called
himself a Sheriff's officer, cam: on the day
follow-
ing, and seized the goods which were in the lodg-
ings of the defendant, thou:;ii they in fact belonged
to another person. They further stated, that w.len
the Defendant remonstrated with Ctipson, and in-
formed him of the impropriety of his condor % by
seizing the goods, when a writ of error had been I
served ; he, Clipsoh, drew a pistol from his pocket,
and threatened to blow out the brains of any person
who would oppose him. They concluded by stat-
ing. that the goods were takth away, wad that the
Defendant and his children were lett without a bed
to lie on.

On the part of the Plaintiff, the affidavits of
Clipson, and other Officers, were mid. They stated,
that when, according to orders, they went to lay on
the execution, the Defendant, at 67st. offered Clip-
son a bribe aot to take away the goods. This was
refused ; and the Defendant, with an oath, then
said, •• since
.non won't be tipp'd in t 4.4 way, I'll tip ,•ou
ernr.ther ;" and instantly knocked Clipson down, and
prevented them from taking away the goods, in
every manner he possibly could, by breaking several
bottles of wine, and kicking, and otherwise abusing
the officers, in the most violent manner. Other af-
fidavits wire then read for the Plaintiff, from which
it appeared, that the Defendant had positively
stated. at Serjeant's Inn Coffee House, that Ile
• world bring a writ of error for the purpose of de-
lay ; and giving the Plaintiff, as he termed it, " the
/mg hot." From these latter affidavits, the !earned
Serjeants submitted, that the Court oust discharge
the Defend tat's ruse, as it was positive law, that a
writ of error should not aa as a sr Tzedcss t~ ass
execution, if the Defendant, or his Attorney, had at
any time declared that a writ of error should be
brought for the purpose of delays
Serjeauts SitEPIICID and But, on the other side,
contended, that though this was now law, yet the
Court should be very c minus with rec:seet to the
proof of it, as it would not be difficult to find a
person amongst the numerous and revoe.7eilc gen-
amen of the profession of the law. who generally
frequent 3:rjeant's Inn Coffee-house. and stand in
groilpe4' about the door, who would not hesitate to
saver that such an assertion was made, or any other
which might better answer their purpose. The
learned Serjeants, therefore, hoped that the Court
would not discharge this rule, but would order the
execution to be set aside.

The Lord Chief Justice Ma-:sriet o. and the
other Learned Judges. concurred in opinion, that
the Lew Melt precisely as stated by the Course' for
the Plaintiff, and that there could not be more posi-
tive proofs, than the affid :vita on the part of ae
Plaintiff. The Defendant's ru'e was, therefore,
ordered to ha discharged, with cogs.

Yeaterd4y. the I.orto 'Mayo* ordered tl.e price
of bead to be copt;nucd at c lid. tlac clu atm loaf.

, .

~_

, o
1 tioavits ware then read for the Plaintiff, kom which which happened to be the same the Ariale go: ° o
- ' '—` '''''''''''''7 .. tielitlerneti...You et e;onoineit, Sr so valiint, that we
it appeared, that the Defendant lord positively fist on, in the Ciro expedition that sailed from Eng-
esy, owing to an influx of visitors and military. shall not now face you ; bin, we are wmtMg below. it, order
stated. at Serjeont's Inn Coffee House, that Ile land, having General Dori on board. Out second
Of a 801 l and Supper lest week, all the elegance to arrange matters for a meeting to -morrow morning."
• would bring a writ of error for the purpose of ale- escape was, that our good pilot nearly ran us on the
:lad•laskion ct the town and neighbourhood assent- To this invitation the gentlemen, of course, gave
lay ; and giving the Pleintiff, as he termed it, " bie Galloper Sands, off Herarge ; our next and mirecu-
l'lsol, and enjoyed the " merry dance" until a late no answer ; but Peter Campbell, some time after,
From la letter affidavits, the !earned bus escape was on the night of the 43J ult. ; our ship
hour.
on that night, met Mr. John Hawks, who was re- j le•R trot.
1 Serjeants submitted, that the Court oust discharge struck oar sand baalocalled the flakes, off theTexel,
Colotel, Mrs. and Miss Metwtio.. and Miss
i
turning home with his wife and sister from the as-
the Defend rat's rive, as it was positive law, that a about hall-past ten. o'clock, p.m. it being the Di-
roierce„ dined, on Monday, with Mr. and Mrs. sembly, and asked him to step aside with him ; as
writ of. error should not ait as a sue •rzedess te an vine will that the night was calm (otherwise the ship
lit'PßZ..at Nr col 's Hotel. Campbell had struck that gentleman in the rooms,
execution, if the Defendant, or his Attorney, had at would have split in the course uf halt an hour); we
Sir Joel's and Lady A us iio Y left town, yeoerday,
-
he supposed he wished he should give him setisfac
any time declared that a writ of error should be , remained in that situation, firing guns cf distress, un-
tie Dorton House, Bucks. lion. Mr. Hawks replied, that it was not then quite
brought for the purpow of delay. til looming, but to no purpose, as our convoy, which
There ioro he a grand Funeral Concert, at Edin- convenient, as he had his wife and sister under his
Serjeants SittPll CND and Boor, on the other side, was the lisgatal, had parted from the fleet the day
isorgh, on Friday next, in commemoration of Ad- proteltion; and Mr. Peter Campbell again said he
contended, that though this was Now law, yet the of that night, in pursuit of a strange sail whieh he , •
re ral Lord NCL‘Orr, the Right Hon. Viejtoorest would fight him with sword or pistol, or any other
Court should be very c intious with reseal to the descried to the southward of us, and of course was
"'TT, and the Marquis COINWALLIS.—The weapon he pleased.
pronf of it, as it stouts' not be difficult to find a too ter astern for our guns; and, as we plainly
Geiniemen to wear black, and the Ladies either The C Corsetgranted a Rule to thew cause.
ou
person amongst the numerous and rc•pe..7atlc gea- bawd them answered in toe beginning of the :tight, •
black. or while, with black ribbon.
This a
se
carat
M. aoss,
amen of the profession of the law. who generally it must have been from one of the gun brigs which •
This night, her Grace the Duchess of Sue-
frequent Serjeant's Inn Coffee-house, and stand in aecompaniedus: day-light at length appearing. with ~
me on before the Court upon motion
• avow, Right I lon. Lady CNASLOTTII CAMP- s
eronpeo about the door, who would not heshate to the dismal aspetO of a heavy mist and tog, preview/ s
for a newc °trial, and had been tried at ..Chester, be-
"". Right Hon. the Countess of DAL1101:AIC,
setae that such an assertion was made, or any other us from being able to see 10n..i1; we found there was
Rht lion. Lady ANN DASI4WOOD, Right Hon. fore the Lord Chief Justice, when a verdia was ob.
which might better answer their purpose. l'he no
aleaternative but to make our escape by theassistance
rained for the Plaintiff,
!..idy CHAR LoTTZ Hialla Lady finny 5a •w, of
learned Serjeants, therefore, hoped that the Court of oft then preparing. During this time, the fog
The. Defendant was the commander, rif.a Voloun-
Artitadale, and the Hort. Mrs. h•l'Doseue, pa- Thu
Rifle Corps, in the neighb. urho: dof Stockp rr. would not discharge this rule, but would order the beginning to clear, we cnuld easilv descry, at a dia-
tomite a grand ball at Ediahorgh.
•
and the Defendant an army accoutrement nicker, in execution to be set aside. tanee,several sail of Dutch schooners bearing toweres
Lord F.:Lauer, after a short soar to his Cornish
The Lord Chief Justice MA "i4orro fo and the us ;on their approach, we immediately surrendered
"o'es, has returned to his elegant mansion in St. that” town..
other Learned Judges. concurred in opinion, that oarselves prisoners of war. 'The Demo Offi,:ers,
Jamee. square. for the season. .1 he venerable oy a written agreemen. t, •
signed by the individuals
the he was precisely as stated by the Coursel for whom we surrendered to, told us, that they soot •
Duke of Axe Aortic is also arrived in town for the compost's:: the Corps, it was stipulated,. that each
the Plaintiff, and that there could not be more posi- out boats the oreceding night consequence
winter. man was to provide his own arms and accoutr.e-
tive. proofs, then the affid orits on the part of the of being so exto.melv dark, they could nen dad us. I
The pr.,ent proves to he an unusually gay sea.on ments ; buht, in ceder that. they might be entitety
et York : there is a ;;:,.ter mica of Ole principal uniform, t. e necessaryee; p sins w e all ordered Plaintiff. The Defendant's ru'e seas, therefore, 'We were taken on board the flee; lying iii the New : 1,
, i
eam'bes of the N, rei to their catni..l, than usual, this by Captain Rosa,. throughin
his Liereetenara. Mr. ordered to leo discharged, with coos. Dieppe. under the command of Admiral De Wm.
Owens, from the Pesi..itiff. The muskets were all
...................„
•
' Cr, and the presence of the baiter: s of two very
el, where we received every mark of attendant.
Yeaterci4y, the Lotto favor ordered the price and politeners, an 4 were in a err days aim seat
carried to the Coptoto s house, and sense . f them
of bread tr be cocooned at I led. the ou trteru loaf. here on our parole." ,
.
6" reßivnews. adds cntroderaOly to the gaiety of all
•
the public anausemei.te if Yu; fc. . delivered to a...e iuun; lent, finding it very inconve-
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