The National Register.
London, England, 1822-04-14 00:00:00

NiON V 1111:6wAy.

.......
Mr. Scarlet?, fur the plaintiti, stated, that th7s was an
action of assault. His client was a gentleman Itclongieg
to the eat;thlialtment of the Surrey Theatre,where,alllollVl
other ditties whirls he• had to pet was that of a
dancer. The defendant also belonged to the same esta-
blishment, in which he held the situation of haliet-master,
and pliacipal het u in pantomimic pet formattecs.
Mr. Paul Wt midi, commonly t•alled Signor Paulo,
who was present alt the night in question, heard a.diatotle
arise between the plaintiff and deli inlant as to their
respective merits in their protrusion; heard the plaintilT
say lie could lie beleisrli for SOL as a better dancer than
the defendant. The parties were on opposite aides
of a table, and witness saw the plaintiff stretch 0111 his
tinge* towards defendant's face. This waii before
dcfru-
d.utt struck him, flis finger went near deli lidant's nose ;
on which defendant struck him, first with his fiat, and then
with *stick, which) he had in his hand.
The waiter of the eolfee-horse was in the coffee-room
at the time, and heard some aggravating :.menage pass
between the patties—heard plaintiff tell defendant some
his bola danced petty n ell, and aakeil as hat master he
(the defendant) had retained to teach them / The defen-
dant, in reply, said he had a little girl, kiir ) ear• Old, %%110
world dance better than the plaintiff. 'rids witness also
saw the plaintiff point Ina finger towards defendant's face
before defendant atrnek hint.
_ _

Nu pet sou iipprati....l fur the defendant.
The Cinet Justice commented on the eeirlenrl
Led been given, which, his Lordship said, left it in doubt
who c 111111 l iitted the first assault, as the pointing of the
tiger alluded to constituted all assault, in law, He Kt it
to the July to say whether. in this raise, a ',billing thi-
nisles would not be quite to biLet the justice of
the• rase.
The Jury, without lirsitatiGu, found a ►erdict fur the
plaintilt —Damages, Is. co.!. 1..
_ _

DIPPLI U. II EA RN E.
This was an action In recover damages for a malicious
prosecution. The declaration set firth, that the deten.
dant, intending to injure the p!aintitl', unlrnlitlly, tuali-
and without reason or probable valise, sited out
an indictment, chit ging that the plaintiff, being examined
by Mr. Collimidge ma the tateution of a Writ of inquiry,
upon au action brought by Dlidges v. Hearne, fats, l)•
swore that lie, the plaintiff, did not go away with a box of
IaCC, atter 401. had 1 paid.
The question the Jury hail to decide was, whether there
was pmohable cause for the indictment for petjury.
'lie Lord Chief Justice, in his t bat gc, called the atten-
tion of the Jitry to the notate of the action.- It might be
said the plaintiff had not committed perjury, hut the mere
act of preferring an indictment was not sotticirsit to war.
rant the Jury ill giving damages. Although a prosecution
might not lead to conviction, it was in lame instanced
aiIIIOSI unavoidable, and nut to be cbissiderid malicious.
On the trial of the indictment agaiiiit tltr plaintiff fur the
alleged crime of ',minty in 'hat Court, the pi io-itlition
failed upon informaiiiy. !elating to sonic former proceed-
ing, and the plaintiff (Amid not lie Mulls! guilty. 'flit. Jury
were to inquire whether there was or was unit reasonable
rause for preferring the indictment, and it they considered
the proceeding 111141iCi011S, they would gi►e temperate
damages.
lic Jury fonnd a verdict for the plaintiff—Damages

A11\01.1) V. MORBID.
Mr. Parke raid, the. action wan brought by the plaintiff,
a wine and spirit merchant, to recover 11131. the amount
of a hid of r ',change given by the plaintili for the accom-
modation of the dclimilatit, who had become insolvent.
It appeared in the coarse of the trial, that the
wit Of a gambling tranaaction in the Inn& ; and,
under all the clionivoances, the plaint if was nousuited.

11.11:1190.11( Arai!. 11.
U. AA 'tali.
This was nn action Motu:lit by the assignees of Benjamin,
Magnus, and Gel laud, bankrupts, against Lea is Aarons, to
terovet 4,114:. tieing the proceeds of a quantity of rirtion
xhacb belonged to the bankrupt., and which bail been dr.
!iv. red up to the dt fendant notice the follow tug circumbtan-
rc,:—!i appealed, that prior to November, 1513, two of
tltr hai: kr npt., Alagoas unit Gallant', bad col 1111 l it ted acitol
hanks uptcy. aid by the operation of the law the Fur:fly
blab vested in the partrier who had not c 11111 l tutted au net of
bankruptcy, or in the austn..cs of all. At the tone of the
defivery of llirbe goods, namely, thr Nth of November,
1513, by Garland, the property a us not in itlnguins and Gar-
hut tilt, xss obbent liana LisgiAlid, at
ib an aft of i'ailinment, introduced by Sir
S. 1;114;111y, ahula says, it s ctnuuns,iun of bankruptcy dub
ton issue t ills.° Ilirue lli. after the &hive' y or goods to
a creditor, it renders all the transactions valid; and if the
act bud stopped there, the defendant stout(' have been ell-
tiVed ter the A Is ; bat there is is proviso, that the person
to whom the goods are delivered trust nut have any know.
!edge of a prior act of baitliaptcy or imolv ency. If he has
kiliMletige of the came, lie 105t...a1l the benefit lit the statute,
1 lie qui Minh !Lei dilly, in thisease am, a holier or tort, on
the lYtli ut Novenutrei, 1513, Lea Is Aaron, kora Ilial (i.tr-
fund mid Itiii•riitis baud einniti,lied :tell. bniikrdptcy and
whether he knew the liUU,e bad stopped Ira% Milli, or had
br come iseulbeitt ? The runt of the patua u hem: in a wale
of ab made out, but t ea_ was lint bullicit'ill to
(Irv' ibr the dertildaht of the gritals, unless lie Jury were
rohvinced the defentlaut knew the bankrupts were invulveni.
'Die evidence upon (hal point priiVell, that it, tea runry not/
April, Ibls, Sputmer and i-toed process again.'
the r urn() 111111 l Urell bill• to the animal of 50004
lle j ilild (in allot a ere ai rested. Ore of the per--sus
who became bail tor liehitistiti and Garland, ass the delete.
rail Atrium, au 1 for inference was, that he must More been
asare of the imarli emit circumctraaerp.

Mr. M.irouti addiem.cd the Jury fur the defendant, and
e %monied Gin land iiiid Mu,nus to huppntt ut his vtatement.
'The Lod Chief Ju,tice if the J Le (millet:cc
writ- of optioun Aaron knew, on the IVO' of November,
ibli, that this house of llrtJauuiu, klognm, and Gurtnnd,
um.iu torch a state tont this could out go uu a ittiout their
in the cominnil aH, uf butineiis, they ought to
to.o a verdict Ine the on the contrary., they
bbd termind to believe Itstit the defeintkut thought lima lot-
trot. ti,l to be iter the defebtiasit.
Jut), ik ttLuut the kalif tirankaiim foamd d verdict fur

TETE NATIONAL REGTSTIM,

the 84igiter4.— Damages 4,14 11. This caw occupied newly
the %hale of the day.
FRIDA T. •FRIL 12.
Kist:sr-ono P. 110P6.

Tll4 wria the a•srxnves of Thomas Hope,
agalast Georg.. Hope. hi, Mother, to recover floe value of a
ves.el which aus transferred from Thomas to George riso
a bill of esaltan.,,e, and 200 routers of oats and beans. All
this property wis clannea ow the ground that the baukropt
had given Ids la•t.ther a preference to the injury of the other
' creditors. They alleged that the ditiereut nodules a hit h
they sought to recover were delivered by Thomas to the
defendant, George Hope, at a lime whets he way its d. cased
cumstanres, and in contemplattoo of bankruptcy. The
question coma (Firmly a re,, Whether the articles a lbeh passed
from 'flamins to George ar.e delivered a ith a view of re-
leasing the bankrupt front ent,,n4essetits to his brother, to the
injory of the general r redilnri I The ev 614 Ore will, respect
to the troasfer of the snip a as this:—The bankrupt appbed
to lily brother for uu atlva:lre of y. The defendant rev
Awn, ait bout he received s. turity, mita the ship in Clue-lion
stns Cooveyed to him. lie then advanced gOth. and took up
a bill t, eveilail;e. A rpi.a aro eni iiiii the convey alive
of tire ship. It am. Contended Clot clue enquiry had nut been
made repectine, the registry, and that the defect wade the
ptoretty lust lit the Assigliet.S.
The Jury, upon comidtrat inn of the evidence, found a ver-
dict for the a•sigoees fin 8331. 13..
AIIIIIher rause, in %%hid' the same parties Were liliArtol9,
au+ttl•i tried. The question was, a lit:tiler the dr•felatalrt
was entitled to hold 11,2 (Fiat tens oats sold by the Mack-
met to Ms brother ? The verdict was fur the ass gums.

2sztg Sntelligcnce.
GLOUCLSTLIt.
Befalls Mr. Baran GARROW and a Special Jury.

KIPIP U CII.4INiCE.

Mr. Ludlow stilted, that the declaration complained of a
breneh of promise of mart inge, and that the defendant bud
pleaded the general issue.
Air. Jervis adduce-est the Jet y au behalf of the plaintiff
—They had, lee said, heard the nature ut the action a hich
they acre s 'urn to try, and which was brouteht to recover
damages for one of the t cruel injuries which could be
indicted on the sex. He would, however, restrain his feel.
lees and slate to them the facts, a hich would be proved it:
evidence, aith all the simplicity in his power. Mts. Mary
Ann King, the plaiutilf, nits now thirty-two years of Hie,
but nits only In eery-ma when this disastrous cuurtsiiip cols-
mewed, bite nes the deughter of a wiost lespectatile Hutu-
who obtained his liVesillUUd by the ourinagment of a leree
factory at a salary of little more than bOl. a year. air.
Chalice, the de fevn,,nt, now 38 years of tree, and alto was
1112 alien he tweets to address the plaintiff, rens a gentleman
of cosoiderithle fortune, and of fascinating oratmets, who had
served as a Lieutenant in the Gloucesteridnie militia. At-
ti acted, no doubt by the beauty of Miss King, mho moved
in an interior 'tuition of life to his own, stud who then aus
successfulle attempting to add to the beauty income of her
father, by her ex( i Lions as u futice.drees-maker, lie early tt
1815 began to visit her, and to pay her marked attentions,.
Her father, suite:toes hietlie welfare of his child, thought it
necessary to demand o'slr. Chance the meaning of his visits,
and teat gentleman promised to satisfy him aithtill the lip-
torrent frankness and tumour of a soldier. On the invitation
of the defendant, they wulked together in an hat, called the
0:d Bell, a here Mr. Chance exclaimed," %V 11q1 (all I .ay
or a hat mole ran I petiole> do, inure than I here done, to
enusinre you of my honour / May may hand drop fruits my
body, may tongue meta ye to the touf of my mouth, if ever 1
deceive you or your daueliter ; and 110 one but she shall ever
cull me husband." Three ex:west-ions were straits, hut they
wet-chem. dui, fur they were taken in no small degree tram
sacred aril, Mr. King, anxious that the defeodattt Hutted
out rashly pledge lintisief, reminded him that his deughter
ou•d have no fel-time ; to n had) Mr. Chance replied, " I
desire no fortece but your ilaueliter—that is all 1 desire."—
Mr. King then observed, that he I a mother and relatives
who psubehly would disapprove of the conuex ion ; to which
he :111.11e:red, " 1 um not a buy, surely I am old enough to
choose for myself, Nor neither mother, nor aunt, uncle,
nor any other shall make a choice for me ; I have matte my
choice and by that 1 will abide." But even on the distinct
promise he (Mr. Jerais) would not rely; lie wined read ex-
tracts from a series of letters address. d to the plaintiff durieg
the whole oi the protracted courtship, which were full of the
tot ougest end tenderest exidessions of Igoe. In WI, cling
nurse, he had eedeevoured as far as possible to avoid wound.
mg the reclines of the detendant, tor lie stood in that court
WA to ;ratify the curiosity of an expect:tut audience, but to
Oillaill retirees for unmerited sufferings. Here the learned
emisetel reed extracts from the letters at the defendant, (tom
August. 1815 to 1819, which expressed the wannest antettion,
and while they lamented circumstances which did not per-
n.it.an immediate marriage, exhorted Miss King to sustain
tier spirits in the full assurance that a time would coma when
their mutual a Willi world be coinplett d. ISut in 1819,
(continued Mr. deice) lit lose hegaii to decline, lit that
year the pli.itettf lost her mother, tin which occasion the de-
fendant addressed to her ii t. ry common-piece letter, far
dillerent from teat which she might have expected from hint
in an event st bids lett her half uu orphan. In the February
after he wrote in her, intima.ing that he had no prospect 01'
marriage, and could not deo!: of btingiug toe lies penury and
a retcliedness ; but, to hit honour, in :11111$10U to bar fears
lest her repu titian should stiller from the breekieg oif of so
lung en intimiley, declared that her character ads uoim-
peach.ible, and that he %emid maitnitin her innocence with
nib life. " Never," meld he, " did 1 wittiest; any thine from
you in word or deed ahiclt could raise a blush in the 'noel
miocetit cheek." Whitt, however, would the Jury think
when they heard, that in May, 18'20, after emir than live
years courtship, he paid her a visit to infurin her that lie had
termed an utlachnient to another lady stained Maria Leans,
to tusk her conseut to his marriage, and to demand bit letters
tram her hando. (in receiving this cruel intimation, she
fainted, and fed into violent hytteries. Iler father, return-
ing home from hi daily ore upation, rushed into the route,
and sop ortinx in his arms his child, doubly endeared to him
by the loss of his wife; and ley her own sorrows, asked the
defendant " w hat this could mean r" Mr. Chance replied,
" Ask Marva" lint she was 'melee at first to speak...-. My
dear child," said her father, " speak to toe; ti Mot is the
matter? "Oh father," said site, " it will be the :tenth of
me," again feinted. When the recovered, she exclaimed,
" Mr. Chance is come here ;o tell Hie himself that he ha-
formed a similar connexion with another for some time,und
to ark my consent to his metre ing her, and insists on having
his lieters." Mr. Kite, then irked the defendaut how he
(until 'Molt of hie:dove Min creetex ion se Men had lusted sit
sung, add demanded it be *membered the prat:lite Made to

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