The National Register.
London, England, 1822-11-03 00:00:00

lIILBERS V. PETTIVIEL

This was an action brought by a merchant in the city of Lon-
don, against the defendant, an importer of French drugs, for not
delivering a quantity of 'allow, which the plaintiff alleged be
agreed to buy, and the defendant agieed to sell.
Mr. Gurney stated the case. The plaintiff, through the
medium of his brother, bought of the defendant, on the 13th of
December, 1821,100 casks of St. Petershurgli tallow, at .13s.
per hundred. The tallow was to be delivered, hut in conse-
quence of a rise in the price, the defendant said he was net
prepared to give it up. On the 31st of January the price was
51s. On that day the clerk to the plaintiff 'a broker tendered
50001. in payment of the tallow purchased, but the defendant's
brother, Edward Pettipier, acting under the authority of his
brother Francis, the defendant, said lie was not prepared I. de-
liver the tallow, and refused the purchase money. Under such
circumstances the plaintiff lost the difference in the price 28s.
and 51s. The sum amounting to 2961. ba. he sought to recover
in thi!, action.
Mr. Rainer, the plaintiff's broker, being called, said be made
the contract on the part of Mr. Hilbers, according to instruc-
tions. He frequently demanded the tallow hut could not ob-
tain it. On the 31st of January the price rose to 51s. The
plaintiff's name was announced when the tallow was bought.
Cross examined by Mr. Campbell.—lle said the contract
was made with Edward Pettipier, the brother of the defeed-
ant, who reside. at Liverpool. The witness had made many
contracts for the plaintiff. It was not a bargain for difference
of price. lie considered Edward Pettipier the agent of his
brother Francis.

John Wilson, clerk to Mr. Ihiner, proved the tender of
5,0001. in bank notes, as the price of ths tallow which Edward
Pettipier said he was not prepared to deliver. The loss sus-
tained by non-delivery amounted to 2961. Ss. The bill of sale
was put in and read.
Mr. Campbell then addressed the Jury for the defendant.—
Ile had two points to submit to the consideration of the Jury ;
first, whether this contract was out entered into with Edward
Pettipier without the authority of Francis Pettipier, the de-
fendant ? The other question was, whether Milt was a legal
transaction ?—lt had been decided; in the case of Wardell v.
Collnrd, under the sanction of the learned Judge who then pre-
sided. that a bargain, operating as a mere speculation to obtain
the difference of price occasioned by a rise in the market was •
gaming transaction, arid the plaintiff could not recover.
The Lord Chief Justice in hisicharge to the Jury, also put
two questions for their eonsideration. First. whether t'm con-
tract was macs by the authority of the defendant 1 If it was
nut the plaintiff could not recover. N-at, supposing the con
tract to have been made by the authority of the defendant.
they were to consider whether it was the inimitim, of both parties
to speculate on the price of tallow, without any intention to
take the article.

'f be Jury found ■ ♦erdiri fur the plaintilT—Damages 2961.
e. IPErTININ.

This was a similar action, brought by the phintilt, to recover
1111. alleged to have hero lost by the refusal of the defendant
to deliver up 100 casks of St. Petersburg!, tallow, at 455. per
hundred weight, according to contract.
Mr. Guruty stated this case. Mr. Head, the phintilt in this
action, had actually received 50 of the Ith) ennl s the deb:nitwit
had agreed to sell, and it was impossible to say tune was not
an intention to take the commodity..
:11r. Campbell had no avai'ahle defence to Gifer in this case,
and lbe Jury round a verdict for the plaintiff— Danite.,es 111 f.

COURT OF COMMON PLEAS.
LIINESDAY. oirr. 3"
The Chief Justice wit at Callahan to hrar causes remaining
alter Michadtaaa Trrui.

. -

ASSIGNEES )) HANLEY R. GRAY.

This was an nction so reito‘er SOUL *bids it WWI alleged had
been received by the defendant from the bankrupt in payintrd
of money he bad lent him to the prejudice ut the bankrupt's
estate.

It appeared by the evidence, that the bankrupt, Hawley.
wee a cheesemonger, in the Borough, and the defendant, wbo is
• very young woman, is the dau4hter of a confectioner, who
carried on business at lklaidstone, from whence he remo►ed to
Stoke Newington, where he died, leaving a property of 6001.
between his widow, who died coon after bins, and the defendant,
who *alibis only child. On the examination of the bankrupt
Hawley, in accounting fo► the disposal money he I.ad re-
ceived, he stated that be had paid 4031. to the defendant.—
There appeared no entry of this payment in his hooks, which
excited the suspicion of his creditor'', who had the d, fondant
very strictly exa.bined before the Commissioners, on which
occasion his evidence did not appear consistent. The assig•
acacia consequence brought their present action for the reco•
very of the money.
The Chief Justice, in charging the Jury, said it was entirely
a question of fact on which they were to decide.
The Jury, after some deliberation, returned a verdict fur the
plaiutilfs.

CA SOYA.

(From the Gazette of Venice of the 18th Oct.)

" We have to perform a melancholy duty; we have to
announce the death of an individual, who was the glory of
sculpture and the film art•—•Autouia Canova. He arrived
at Venice on the eve • g of the 4th of October, and
hi ought with him a brother, to whom lie was tenderly at-
tached. They alighted together at the house of M. An-
tonio Francesconi, with whose family Canova was con-
nected by the ties of long continued friendship. He was
so ill upon his arrival, that lie found considerable difficulty
hi going up stairs to his bedchamber.
" From that night he began to experience violent fits of
vomiting, which came on every time lie took the slightest
nortrisliment, and whh h were very soon followed by a
violent amid i ontintied hiccough... _ _ _

" Every assistance was immediately rendered him by
the most skilful physicians in Venice, but it was with the
greatest ilitEctilty that they succeeded in diminishing the
frequency and intensity of these two symptoms. They
found it impossible to eradicate the disease, and to open
his bowels, which in spite of all their exertions remained
obstructed. The patient gradually grew weaker and
weaker, and at length, about noon of the 12th instant, it
was no longer possible to doubt of the approaching death
of this great artist.
" One of his friends, M. le ConseiHier Agnelli, under-
took the inelettelroly task of antionneieg the fatal informa-
tion to him: his pure soul s revived it with a calmness and
reaigu..tion„ which fotnigd a worthy termination to a lie
entirely cousecrated to works of benevolence and religion.
When he received the sacrament, the sobs which sounded
around his bed gave proof of the sorrow of all the by.
slanders, and of the emotions which were excited in their
breasts by the lively piety with which the sick men cast
himself into tho arms of his God. lie dictated his last
will with a clearness, intelligence, and precision, a Welt
distinctly proved that he was by no means disturbed by
the thought of the proximity of the moment in which he
was it appear before the throne of veinal Majesty.
" Some minutes afterwards, he fell into • kind of
lethargic sleep, from which lie kept waking hum time to
time. He replied to some questions put to him, and
sometimes spoke without being questioned ; and at therm
hitetvals, which occurred frequesitly, he uttered niaoy
religious phrases, which were heard with veneration by •
all present. His friends entertained furs moment a hope
of presrrving in the world one of its noblest
" 111111 neither the attention of his brother, nor the help
of medicine, our the hospitable exertions of the family of
Fraeceseoni, nor the prayers of the town, which, trom the
first report of his illness, had been divided between hope
and fear, nor the wishes of the gi ear personages, erlinie
tespect, friendship, or gratitude, had attracted round his
bed, could protract any further the dreadful moment e
and on the Ii• It of October. about 44 'Mimics after seven
in the morning, the heart of Canova ceased to beat.
" It will belong to his historian to speak at greater
length of his immense loss, which, perhaps,
.will he only
repaired after the lapse of many centuries, and which will
be felt, not only by Italy. but also by the whole of En-
rope, sinee,Sis an illustrious living author has said, whets
a titan has attained to 11141 degree of glory to which Ca-
nova had arrived, lie no longer belongs to this or that na-
tion, but is ehe CUUIIIIOII treasure and pride of the whole
universe."

MATCH' TO NOTTINGHAbit.—Mr. Al,etnelhy, the
amateur North eounirylliJn, completed 1111 match to go
to Nottingham Irons hing,lstid-road, at three &clod: on
‘Vetinesd,,y last. It was to go the ground on foot (2 Air
miles) in ninety Imori, tier a LOCI. 01 100 bOVcrelgllll only.
lid for another bet of 50 sovereivis that lie did the fast
135 miles in tile first 48 flouts. lie won both bets easily.
and armed at on Wednesday in one hour
arid ten minutes wuiun the guveei tint,. and bin little
(aligned. This is 'waling the Powells, the Barclays,
'slur, &c. by •li odds. Nlr. Aherne by iratthed
140 mules of ground In the first two days, halting sin
hours

CAUTION TO SiiRVANTS.—OIt NVednesday last a
very impudent robbery was committed at the house of
Mr. James Labey, Norwich-m.ld, Kennington. Tile
servant girl went wit oil some errand to a shop in the
neighbourhood, leaving the door utiLtcheil, and only
just closed, and during her short absence some thief
entered and took from the parlour a wilting-desk, eon.
taming 74) sovereigns, a tot. nine, six silver spoons. and
some memorandums. The thiet coutrlnd for the pre.
Inost etit•citial,y In elude pursuit.
Ott %Veilliesitay .... long last, about seven o'clock.
the parish officers of Si. M.lty, Islington, received
map till that s 111.111 was 1011111,1 iu a held near Cairouhury
House. Ou artiving at the spot they !ontid she MAO
quite dead, 3itil presented ash. eking spectacle. Ile apt.
prated to have been liken nut of the riser by some per.
. and left in the Mid ; his pockets were turned inside
out. He appears vi have Men in the water some tune.
—lie was dressed inn bl4(-It coat and WitisitCo3l, Wise
trowsers, htaek %hick ings and shoes, and is about 40 years
f age. and see feet high. '

•~

I

1
4..

S~
41
1

I

*

i
t•

i

I.

mit

FRONTIERS OF SPAIN

Bee-oxxe, Oer. 2?..-IVe have very recent news
from the three provinces, which state that Espinosa
hes demanded the disposable troops in the country,
sad that they have immedietely marched for Ne-
cere, leaving several important pints without
troops, such us Tolosa, Virgasa, Biiboa, and the
east. The two battalions of Seville, which were
in the last named port, left it on the 17th for Na-
varre, leaving the care of the city to the National
Guard and the company of iniquelets lately formed,
notwithstanding the remonstrances of the citizens,
who desired to have at least 100 saldiets, because
they are continually menaced by the bands of ma-
rauders, who will doubtless become more numerous.
—Fresh arrests have taken place at Btlboa and St.
Sebastian ; I.i persons, chiefly ecclesiastics, and the
Marquis de Valdespina, have been exiled.
The French refugees, Nantel, Delamothe, Du-
puis, and Delon, are engaged in erecting a tort at
Plencis, a little port four leagues from Bilboa.—
lleureaux, condemned to death by the Tribunal at
Poitiers, has arrived at Whim by sea.
The accounts from Navarre of the 19:h say, that
a column of Royalist::, feels the port of Irati, which
had been dispersed in the actions of the 6th, 7th,
Bth, had rallied to the number of 700 men.—
On the 14th it entered Estella, the garrison of
which retired into the fort, and having levied a con-
tribution of 30,000 trams, 10,000 asses cloth, end
600 of linen fbr shirts, it went to the valley of Bo-
ronda. Zabala was again collecting a force to re-
same offensive operations. Almost the whole gar-
rison of Patnpeluna had left that place. Espinosa,
with 2,500 men, seemed to be mameuvring on the
side of Arragon, in order, it is said to support. Zino
itel Valle, and repress the Royalists, it' they should
attempt to penetrate into Arragon, after the im-
tending attack meditated by Mina. Yet the troops
are much wanted in the three provinces and Na-
varre. We do not untlerstand these operations—
we only see that the Spanish army is too weak to
oppose the insurgents.
Ocr. 24.—Colonel Guerguet, who commands the
soldiers of the Faith in Navarre, arrived here yester-
dey, to give en account of his expedition to Estella.
—Ge:;cral O'Donnell it 011 the point of setting out
lrati with two aidesele-camp ; he will take the
command of the troops of the Feith in Navarre and
the three proviews of Biscay..
We learn from Tolosa that Zabala, after the ac-
tion of the 16th, retired to the valley of La Ba-
re:eta, and effected his junction with the troops of
6:ierguet.
Tae accounts from Saragossa of the 14th mention
et) change in the position of the two armies, as we
have before stated them. It seems, however, that
the Royalists, doubtless because they were unable
to hold out in the mountains, have made a move-
ment towards Balaguer, whither Zane] del Vafle
has gone with part of his troops. Equal activity is
displayed in both wellies, and if people do justice to
Mina, they also admire Baron d'Erulles, who inde-
yendently of the numerous forces that he has in the
'tine, is busy in organizing a reserve of 8,000 men.
The Royalists have considerably reinforced them-
selves in Arregon, which has obliged Zercodel Valle
and Mina to apply to Madrid fur succours; the
troops at this moment in this province are wholly
insufficient to combat the insurrection. The Ga.
:01e of Saragossa curtains a very virulent article
against the Zatriago, and which accuses it of being
an agent of the mimics of liberal inst,itutions.
It is false that Merino is in the province of Bur-
gos, and that Quessada has returned to Navarre.
A letter front Pampeluna of the 19th gives an
unfavourable picture of the state of that city, which
the Brmness of the Governor, Sanchez Salvador,
has also saved from becoming the theatre of the most
sanguinary scenes. In consequence of the departure
of the troops to join Espinosa, only 700 men re-
mained to cheek the Royalists, who had become very
hold in the plains of Navarre in great numbers.—
A tier the expedition against Erelles, Guerget, learn-
ing that Col. Dos Prlos, with 150 Constitutional
troops, was at Dicastillo, two leagues from Estella,
suddenly returned with his whole force and sur-
prised that vidaoee where Pelos and his men de-
fended themselves iii the church till their ammuni-
tien was expended, and Guerguet had the church set
on fire. A capitulation was then signed, by which
Guerguet promised the Colonel and his men their
lives who surrendered, and orders were then given
to conduct them to the mountains, but on the way
they were all assassinated, nut excepting the Colonel,
:led the escort abandoned the dead bodies. Fifteen,
%vim were not mortally wounded, succeeded by help-
ing each other in reaching the neighbouring vil-
lages; five were murdered by the peasants, and the
others reached Pumpeluna on the 18th. It would
be difficult to deseriue the indignatian of the troops
un hearing of this event.
Groups of Soldiers, crying—" Death to the Ser-
wiles !" immediately proceeded towards the citadel,
ts here 300 suldiere of the Faith are in prison; haps

PUIOE OA
Bank Stock 2504
3 per Cent. Red.
3 per Cent.ConKolt, bit
3A per Cent. 934
4 per Cent. 9114
Sew Fours, I( Si
I.uuy Au u. 2P

THE NATIONAL REGISTER.

LONDON, SUNDAY, NOVEMBER 3.

Mr. Hunt's cruel imprisonment having expired,
became out of Ilchester jsil on Wednesday morning
last—he was accompanied in his barouche by Sir
Chas. Wolseley and Mr. Northmore, and was every-
where received with enthusiasm—a number of his
friends breakfasted with him at the Castle Inn,
Ilchester, after which they proceeded through So-
merton to Glastonbury•, gaining an accession of ap-
plauding multitudes at every step—and at six o'clock
a large party sat down to dinner.—Congratulatcuy
addresses were presented to Mr. Hunt from Leeds,
Manchester, Ere. as well as some elegant pieces of
plate—the whole passed off with perfect peace and
unanimity—this day's rejoicings arc but the prelude
to similar ones in many of the large towns, and on
the 11th inst. Mr. Hunt is to make his grand entry
into London—so far so good—but the philosophic
politician weighs such things in his mind, a
little beyond the facts themselves—he sees how
diametrically opposite is the real effect from what
was intended by Government, of the gross oppres-
sion to which Mr. Hunt has been subjected—
he sees how mach of contempt for the higher law-
ufficers is engendered by on sentence, in which a fair
metage of punishment for the offence of which he

. .
was convicted by a Jury, is totally disregarded, and
in which an acquittance for a long remembrance of
petty mortifleations is aimed at—he sees above al!,
how popular a man may become whose murals are
louse, whose manners are vulgar, whose education
is not above the level of a charity-boy—not front
any worth he possesses, but solely because he Las
been persecuted by the Government, and seeing afi
this, he naturally and must correctly deduces from
it—that the Government is not what it ought to
be—that its acts are not accordant to the wishes if
the people it governs, and that the sooner a radical
change is effected in some way or other the better.
_ _

Air. Bowring is still in prison, and we forbear to
agitate the question of his confinement till we know
the cause of it—it is not with us a matter of coure
to coiyurc whatever is done by legitimate Gover•..
ments, though we can very rarely avoid it without
sacrificing every principle of honesty.

We have received a variety of American papers,
including those from New Turk, to the 9th uit.—

In the latter city the yellow fever, we are happy to
state, has abated, but it rages with great malignity
in Pensacola, where there are not a sufficient num-
ber of persons there to bury the dead, many of
whom are interred without coffins. At New Orleans
it made its appearance earl• in August. Accounts
from‘Quito state, that Bolivar had arrived at Guay,-
quil, where he was received with the greatest re-
joicings, and that the whole of that Province had
joined Colombia. Peace and tranquillity were every
where established. Bishop Pupayan, long the mo,t
faithful adherent of Spain, has joined the cause of
the Independents, declaring to his flock that heave::
has determined in favour of American liberty. Nu-
merous agents have arrived at Santa Martha from
Europe, to contract for loans, and a great number
of applications, it is said, have been made for pri-
vileges.

Accounts from Verona state, that the Duke a
ellingtan appears ranch better. He arrived front
Padua on the 16th. The ex-Empress Maria Louisa
is at Verona, and appeared, on the 16th, in one to
the boxes of the Opera, attired in a simple but mi -
resting manner : on her head she wore a plain round
cap of Brussels lace, tied under the chin with pink
riband; and her rube was of homely Scotch tartan,
made in the fashion of the country. She displayed
neither pearls nor diamonds, and there was no ad-
ventitious circumstance of dress to distinguish ht.r
from any female in a comparatively humble
of life. Her countenance is said to resemb:e t..e
portraits of her that are published in Louden, L.:IA
appears both pleasing and intelligent, but wears a 7,
air of peculiar dejection. The police are s,‘ouring
the town of all visitors who cannot show satisfactery
grounds fur their application to remain in it ; and
the Duke of Wellington is constantly importuned
by Englishmen, desiring to be protected from sum-
mary mandates of removal. General Macauley,
who has served for a long time in India, and who is
now the active co-adjutor of Mr. Allen, who is there
in his efforts to get the slave trade completely eV -
lished, received from the police an order to attend
immediately, and on doing so, he was commanded to
quit the town within twenty-four hours, though he
had in his pocket their own ticket of leave for a
month. In consequence of this, he applied at once
to the Duke of Wellington, who with some difficulty
obtained permission fur him to remain for a kw
days longer.
On Wednesday last there was a meeting at
Lloyd's, of the subscribers to that Room, to receive
the report of the committee who had been deputed to
conduct the correspondence with the Admiralty, en
the subject of the piracies so frequently committed
on British merchantmen in the South American
Seas. The merchantmen complained of want of dee
attention and protection on the part of our A
ralty, the navy of England having been useless, as
far as concerned the protection of our merchantves-
selsi but the correspondence of Lloyd's Committee
with the Admiralty, on this important and nations!
subject, was abruptly interrupted by Mr. Croker, the
Admiralty Secretary, on the ground that the Cum-
=tee of Merchants were deficient in their respect
towards the Body addressed!—At the meeting (Mr.
Nlartyatt, NI I'. in the chair), the merchants of the
City of London agreed to a resolution, " APPROVING
of the whole conduct of the committee, and requiting
them to manage such further correspondence as migl!
be requisite." Therefore, there is more respect"
fur Mr. Croker!