The National Register.
London, England, 1821-12-02 00:00:00

TOURSDAY. NOV. Z).

This was an action brought by the plaintiff, a surgeon and
spadreary in Hollis street, to recover il. 19s. SI for drugs sup-
plied to the wife of the defendant during her accouchement.
Mrs. Hannah Golding was acquainted with the plaintiff; he
was a surgeon and apothecary. Mrs. DJ Schrimer lived with the
with the witness at Brampton, and was delivered at her house.
She knew that drugs were delivered to Mrs. Dc Schrimer, and
looking at the bill, said she recollected many of the articles. The
witness had a conversation with Mr. De Schrimer. who was a
waiter at Brunet's hotel; he said be was not to pay the plaintiff's
bill,—his wife was to pay it.
Cross-examined by Mr. Scarlett.—She said the lady, Mrs. De
Schrimer, was now living with the Portuguese Ambassador. She
did not know whether the P Ambassador kept the
child. She did not think Mr. De *Miner ever saw the doctor ;
he went abroad soon after the child was born, and came back
again ; lie then paid the wirness for the lodging: he told witness
the doctor's bill was a heavy charge ; he did nut say he had no
business with the bill, hut that lie should leave it for his wife to
pay. She did not know the lady by any other name than De
Schrimer. She did not know the child was supported by the
Portuguese Ambassador, but had heard it was, The child was
taken from the witness's sister at the age of four or five months.
Mrs. Ann Wood said she was the nurse who attended Mrs.
De Schdmer during her lying-in. Medicines were delivered
during the time she was with Mrs. 1)e Sslirimer. She saw the
defendant two or three times a day. Alro. 1)e Schrimer called
him her husband, lie asked for tier as Mrs. De Schriulet•
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sr T.!Z

Cross-examined by Mr. Scar!cu.—She said Mrs. De Siehrimer
paid her money. She went to her at the house of the Portuguese
Ambassador, and received the money. Mr. Johnson said he
would send his young man up to the house of the Ambassador
to demand payment of his bill.
Mr. fkarlett submitted that there was no proof the defendant
was liable to pay this bill. The lady hired the lodging, and the
defendant paid for it after his return to England. ft did not
appear she was his wife.
Chief Justice.--He treats her as his wife, and if a professional
man is called in and told she is a married woman, he considers
her the wife of another, to whom he looks tor payment. There
I was no valid defence to this action.
'f he Jury found a vedict for the plaintiff—Damages Sl. 19s. 6d
EItiUA Y, NOY. 30.
GRAMONT V. 1101CliON.,

Mr. Marry:.lt, as counsel fur the defendant, slated, that
this was an action of Rover, hvou-ht
g by the plaintiff', to
recover from the dcfroditit tile property in a dog belonging
to the plaintiff, of which the defend.o.t had got and retained
pu.sessiou. "I el!:.rliihnt said, the dog was his, and that
he lust it. Nit w lie hilli 1,11 I'A ,t! WILIIC+Seb all of ss horn
would swear that thr do: wts tie plaintiff", possession
long before the di Pendant even pi t:riiiled to have log it.

The Litief Justice ,reommenA•l a left reuse out of Court.
The ptodto.r.ork of tae *mad probably lead to C011be•
queoces not quite. !•tated to the decorum of a Count of
.luo•re.

T 'vatic!. consenting, a verdict wa• taken for the
till tor one sioltio,c, subject to a reference to Mu George
The dog to follow the order of the referee.

CHURCH V, AUSTIN.

Th:s was an action to recover from the defendant 9Yl.
and received by him for the use oh the plaintiff. The plea
was, that there was no promise to pay.
Mi. Gurney stated the case to the Jury; the defendant
was a horse dealer and livery-stable keeper, and plaintiff
took a horse to him, with instruei jolts that it should be sold
if a price of 901. could he obtained for it. The horse re-
utanwil there for ,one lime LI fore it was sold—ultimately it
was sold, but on the plaintiff applying to the defendant for
the Sal. lie was told the horse indeed was wild, but he could
not say where he was gone, nor had he any money for him.
The witnesses called by Str. Gurney only went to show
itsl exchange for another horse, but no money was proved to
have been received. There was no count fur goods sold and
delivered, and his Lordship was of opinion, that upon this
evideuce, the plaintif must be non-suited.

COURT OF COMMON PLEAS, Nov. 30.

HART V. BOTITO N.

Seijeant Vaughan said, This was an action brought by the
plaintiff', who are sine and spirit merchants in Thames-
sti eel, to recover 121. ISt. being the price of two dozen of
tine old crusted port, and two dozen of sherry.
'Donnas Lanagun stilted, that he had been in the employ of
John Jacob Hart and Frederick Hart, the plaintiffs in the
action. The autness knew Dr. Royston. lie delivered
twee dozen of wine on the 3d of Aligest.

Sergeant Pell here declared, he was willing to admit the
delivery and the price. lie was anxious on this occasion to
save lime as much as he could, and go at once to the defence.
Tile wine was purchased by the defendant, who was a me-
dical man, very much and deservedly respected. h was
bought on a specific contract from the plaintiffs' agent, a
person named Benson, a person who clearly understood that
credit was to be given to Christmas. The Jury well knew
that festive season had not arrived. When it did arrive, his
learned ft lend might bring an action. The wine was ex-
cellent, and it would no doubt be all drank before Christ-
but no one bottle would be paid fur till then.
Mr. Benson was next called for the defendant.—Before
his examinatiou, Sergeant ♦aughan put the following
question :
Q. Yilu have laid a wager that in this case the plaintiff
cannot recover ?—A. I have laid no wager with reference to
any thing in this cause. I have had a conversation.
The learned dodge would not allow him to slate the con-
versation. The witness then deposed, that he was agent fur
ftlesrs. Hart. He sold the wine in question to Mr. Boystim,
who is a physician. It was sold to lie paid for at Christmas.
'file di fondant was solicited to have the wine. He said he
had just purchased some, but to oblige the plaintiffs would
give au orde:a. _ .

Cross examined by Sergeant Vaughan.—The witness said
he communicated to the plaintiff..., that he bold the wine on
ercifit.. He was not on good terms with the idamtillb t but
had never eripiessed his gratificution at being able to press
I lie cost!, of the action on them. The contract aas distinctly
made for credit.

Thong. DFlalierty, liq. nn officer in the army, was pre •
sent *hen the wine was sold to Dr. Bo)sti n. It was to be
paid for at Christmas.
Sergeant Vaughan here adm!tted that he could carry the
ca.e no further. The pluintitn wereanswerable for the act
oft heir agent.
Ser4eant Pell observed, that his learned twother
has.. giscu up the cause, gate hearing Mi. Brawn di.clare
it v sold on coedit.

s, 14cittit Vaughan jiixtifird thr rnur.c he had taki•o, in
t trim vela hit.l4 St:tit:tut Pell jotoat t xclatotud :

.~.

3

" Alas! My learned brother dies, and glees no sip."
The Jury found a verdict for the defendant.
vonam P. ►tatoa.
This was an uctiun to ,cover 101. w high the plaintir. a
master carpenter, claimed fur wo k done, Lora person of the
Immo of Robertson. The defeadatit Was proprietor of a
house or holism, where the work wits done, and it was
Proved on nue occasion, when the plaintiff complained that
Itr could not get hit money, :he defendant said, " Never
mind, go on, nod I w ill see you pad."
The Jury found a verdict fur the plaintiff—Damages 101.

CONSISTORY COURT, Foinor. N0v.30.
THE OFFICE DV THE JUDGE I.IIOIIOTED ITOLLEITOIi
/10,11NbT O. 5. CLARK,
As soon as the Court opened, Dr. Clark, the party pro.
ceeded against In this me, rose up to address the Judge.
Sir Christopher Robinson observed, that no cause was yet
called, and he cauld not bear Dr. Clark when there was
nothing before the Court.
The Proctor of Dr. Wollaston, upon the Registrar's
having called the above case, then declared that he would
now pray the Court to pronounce Dr. Clark to have beers
in contempt, by reason of his not having appeared befog*
the citation whicn had issued in this cause.

Dr. Clarke,—Sir Christopher Robinson. a citation, It hi
true,l have seen, calling an me to appear before lay Lord
Stowell; but I fume received nothing else—no other notice
whatever. Since this happened, I have learned by the news-
papers, that Lord Stowell has resigned his chair iu this
Court to you, Sir Christopher; but, notwithstanding this, I
have been served with no other citation.
Sir Christopher Robinson obsorved, that Dr. Clarke,
however, having now appeared, the Court would be relieved
from the necessity of pronouncing that lie was in contempt;
and no doubt the cause would now go on in a proper and
legal course.
Dr. Clarke.—l wish, Sir Christopher, to be heard before
this court in reply to a charge of having obstructed the entry
of Archdeacon Wollaston iuto my church.
Sir Christopher Rubinson.—That question is not yet before
me, Dr. Clarke : at present it only remains that (the Court
should proceed with the business before it, is the usual form.
—lf the Court apprehended that any delay was prayed for,
itiwould readily grant it.
Dr. Clark.—Really, Sir Christopher, I wish to be dis-
missed one way or the other. I cannot continue to sleep
out of my bed in this manner, I bad only four hours
sleep last night, and four the night preceding. lam sure
that my case ought to be considered; Loud Stowell is my
only senior here.
Sir C. Robinson.—The only way will be, Dr. Clark, for
you to give an appearance in the usual way, and put your
ca.e in the hands of some professicnial gentleman,.
Dr. Clark.—Really I have it not in my power so to do.
cannot afford to as ail myself of their assistance. I have
been long in great poverty, and have a large family. The
expenses of publication have been very heavy upon me.
wrote a book, and dedicated it to Lord Sidatotatti," when
lie was Premier." His Lordship did me the honour of
writing me a letter of thanks, but he has allowed me to
remain in poverty these IS years past.
Sir C. Robinson.—Will you given an appearance, thee,
Dr. Clark ?
Dr. Clark.-1 will do any thing that I can do, Sir Chris•
topper; but it is not in my power to employ advocates
and proctors ; the mere expense of coach hire would fall
heavy upon me. But if these gentlemen will do me the
honour, as Senior Academic, of attending to my case,
shall acknowledge their kindness. I have nothiug to
give; but I would willingly part with my life, if I could.
—The Court would give I leave to say, that he found
he could not admit Dr. Wollaston through the large door,
and lie thought it would be disrespectful to admit him
through the back door of the clinrch. But the next time
Dr. 'Wollaston came, he would admit hint through any door
the Court might be pleased to direct.
The Archdeacon's Proctor then exhibited the articles,
of which he would furnish Dr. Clark with a copy ; and he
prayed that the said articles might stand for admission on
the next court day, and that Dr. Clark might be admo.
Malted then to attend.
The Court decreed accordingly, and observed that Dr.
Clark would permit it, before it rose, to give hill one
word of advice, namely, to employ counsel to appear for
him in this case. It would save Dr. Clink much trouble
and embarrassment, and be of great advantage to Ilia
cause.

Dr. Clark expressed his obligations to the Judge for
this suggestion, but he was afraid that he should be unable
to comply with it. He was •ery poor, and had already
incurred large expenses by the frequent appearance which
his parish compelled him to make in courts of law.
The Court then rose.—(Dr.Clark appears to be infirm,
and advanced in year■.)

Mr. Webber, a youtig man, who performed the part
of clown in the equestrian company of Mr. Cooke,
now exhibiting at Wakefield, with distinguished abi-
lity, was on Monday morning discovered a cold and life-
less corpse, ill the area of the Public-rooms erecting in
Wood-street, in that town. He called at the Wood.
man Inn, about 9 o'clock, but did not sit down. The
night being very dark, it appear.. probable, that unfor-
tunately approaching too near the corner of the build-
ing, he stumbled upon some loose flags which lay there,
and coming in contact with the low parapet wall des-
tined for a palisade, was precipitated headforemost down
the area. In his descent his feet had evidently struck
against the wall, but his death was probably instanta-
neous, :IS he was fuond with his head doubled under
his breast, and his neck dislocated. A Coroner's inquest
sat upon the bodvat the Woodman Inn on Monday even-
ing, who returned a verdict of—accidental death—and
laid a fine of 201. on the proprietors of the rooms, pro.
vided the place where the accident happened, and every
other dangerous Opening near the buildnig, should not
be secured, to the complete satisfaction of the foreman
of the jury within 48 hours. The remains of this nu.
forttni.ttc young MAO were on Tuesday eu ening aceout-
Witauled to their last repos!toiy, in Si. John'e church-yard,
Wakefield, by Mr. Cooke and the whole of the per-
former:, anetided by a kind of music playitig the dead
march in Saul, and followed by a large concourse of
people.
Monday evennitt, about
.five o'clock, Mr. %Maas
Ennis, of Atilliony-street, St. Georges in the East, pass-
ing the corner of Alm! Anehorlard, Rosemary-lane, was
attacked by tour ruflima, who kiivekeil him down, and
robbed hint of his watch.

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