The British Press; or, Morning Literary Advertiser.
London, England, 1820-10-27 00:00:00

HEREFORDSHIRE AGRICULTURAL
NEN ma

At the Anni y Meeting of our Agricultural Society,
which was must respectably attended at the Hotel on
Thursday last, the lion John Somers Cock., M.P. for this
City, was elected President, and Me. Stevens, of Eardisiry,
Vice-President, for the ensuing year. The successful eon-
petiturs fur premium. in the tank department were Colonel
Matthews and Mr. Hewer. No candidates appeared for the
premiums to cottager. for raisiise the largest quantity of
honey, nor for spinning herds or flax. The contest for the
premiums for the best apple, being a new variety raised from
the kernel, without! patting, was rendered more thau visually
interesting he a large 'lipid) of spa clowns from Mr Leonard
Phillips, of Vauxhall, Liudon, who is proprietor of a large
estahli.linieut these of experimental, agricultural, and hor-
ticultural grounds. Several of his fruits were held in
much estimation by the Committee and the Society, and a
vote of thanks passed unanionsiurly to Sir. Phillips, ac•
cumpanied by an offer of sending to him some of the
hest fruit specimens and grafts which this country contains.
—An apple exlithiteil by Mr. Jones, of Torritigton, was
particularly admired; but it was a single specimen, and
the adinilication of the premium is suspended for the pre-
sent. The first premium for ploughing half an acre of land
with the greatest skill and least 'airtime, was awarded to
the plonehman of Mrs. Pearce, of Steelton, who performed
the task with two bursts without a driver, in one hour sail
a half, and in a style which, according to the opinion of
numerous spec:ators, has iasely been exceeded by a tram
of fore, or even five horses, at length, conducted by a man
and by. The second premium in its.. class was adjudg-
ed to the plonzlimau of Mr. Lewis, of Kinnercley, who
occupied ten ninintts mum The ground was a Clover ley.
The burliness of the slay concluded by a Resolution, that
the Society adept the lost means in their power, towards
establishing a Monthly Market in the city of Hereford, fur
the sale of cattle, sheep, and pigs.—(iderefurd Journal.)

Sir MURRAY MAXWELL appeared yesterday in
the House of Lords below the bar, in the place
appropriated to stranger•.
On Monday the crack pack of harriers, the pro•
perty of Mr. RIDGEWAY, had a gram! burst mil* a
hag fox in the neighbourhood of Hereford. The
6►► t six miles, over a hilly enclosed country, was
done in twenty minute•. Only three sportsmen,
nut of a large number of keno hunteis, could find
the courage to take the river Lugg; the remainder,
in seeking for Morditiod. Lugg, soil Hampton
Bridges. had the «Insulation to bud their horses
pitting to every d►rection but the right one.
Saturday settnight, the Westmorland yeomanry
cavalry completed their *iv days of permanent duty.
at Appleby, when their commanding officer, Col.
LOWTIAIR, expressed himself much delighted with
their in►pluvemeot in the field, whi. h, he said, had
far exceeded his most sanguine expectatious, and
commended them Inghly for their sobriety and re-
gularity at their (warier*. The men were extremely
well moulded, and presented more the appea►ance
of a regular cavalry regiment than of a volunteer
corps so recently established.
HENRY BROWN. a flue boy, eleven years of age,
youngest sou of the late Mr. LAWRENCS BROWN.
Of St. Petersburgli, lately keit his life at St.. An.
drew's, by the occidental discharge of a pistol,
which his playmates huh foam, in an unlocked
drawer. His death *vas instantaueous, the pistol.
bullet halting paned through his heart. Two
dent had their arms round his neck tstttirmifit.whets
be fell, but they both escaped unhurt. ''

LAW INTELLIGENCE.
COURT OF KING'S BENCH, TIIVIUDAT, Ocrossal6.
CONSPIRACY.

TIM ZING v. INUIT AND TOX.
This was a prosecution instituted by the Apothe.
caries' Company against the two Defendants, for
having conspired to evade the provisions of the Act
of the 5.5115 of George 111. for the regulation of the
Apothecaries' Company, and for having imposed
upon the Company, in orde► to obtain the admis-
sion of a person of the name of Fox (the D,fen-
dant), and a certificate to certify that he had un-
dergone ■n examination before the Court of Exa-
miners, sod was fit to practise as an apothecary.
Mr. GUNNIT, the COMIION SIRJEANT, and
Mr. ABILAHAMa conducted the prosecution.

Mr. GURNRY stated the care to the Jury, which
was afterwards more fully elucidated by the evi-
deuce.

A gentleman belonging to the Apothecaries'
Company stated the regulations for the admission
of member., according to the Art of Parliament.
'flie Act provides that I'2 apothecaries should he
chosen every year frown the Company, who should
be sworn in, and constitute the Court of Examiners
for the following year; and that no one should
practise as an apothecary who should not have
undergone an examination before this Court. and
have been declared by them lit to practise as an
apothecary.
Mr. Watson. the Secretary to the Court of Elm-
millers, stated, that on the 27th of September. 1818.
the Defendant, Thomas Benue', passed his exami-
nation before the Court of Examiners. On the
13th of flay following there was an entry (tithe name
of Thomas Fox ou the minutes of the Court ati hav-
ing been present. There had at that time been sus-
picions in the minds of the Company that there lied
been frauds committed. On the 13th of May, the
Defendant, Bennet, presented himself as Thos. Fox,
saying, " I am the person to whom your clerk has
twice written to for practising without testimonials,
and therefore am come to be ess iii i i led." Bennet
then stated. that lie came from Burslem. in Staf-
fordshire; upon which the witness said, that the
Company had had a trial recently at Stafford. and
asked whether it had not been much talked of theri ?
to which the Defendant replied in the affirmative.
It snuck the witness that he had seen the Defend-
ant Lefore, but he did not recollect hint before as
Mr. Bennet. One of the Court of Examiners also
whispered to the witness, that he believed he had
teen the face of the Defendsiit before. In conse-
quence of this conversation, and of these observa-
tions, the recollection of Bennet's person was more
strongly impressed upon the memory of the witness
than it otherwise would have been.

Bennet produced the usual certificate, and testi-
moliialt in the name of Fox, went through' the exa-
mination under that name, and obtained the dip-
loma. Suspicion having arisen, the witness sod an-
other person belonging to the Company went to
Macclesfield, where Bennet practised, and the im-
pression upon the witness, the moment he saw the
Defendant, was, that he was the person who had
passed the examination under the natne of Fox, but
Bennet dusted it. • The witness related to him the
conversation which had passed between them on the
occasion, to which Bennet said, " Oh! that was
Fox who said that to von."—" How do you know?"
" Because he told me the conversation after his
examination, and we lodged togetln-r at the time."
The witness afterwards went to the residence of
Fox, at Bunten), and charged him with practising
with a certificate which had been fraudulently ob-
tained, and that he had procured • person to per-
sonify him, and undergo the examination in his
place. This Fox strenuously denied, but he after-
wards delivered up the certificate under which he
practised, in order to be re-examined, and to obtain
a new one. The testimonials which were required
by the Company, previous to the admission of a
practitioner, were a certificate of good moral cha-
racter, certificates of having attended two courses
of lectures on muteria needled', two on anatomy and
physiology, two ou chemistry and botany. and •
certificate of having attended at least six months
the physicians' practice in some public hospital.
J. Sayers, who belonged to the Beadel's Office of
the Apothecaries' Company, corroborated the testi-
mony or the lust witness.

Elizabeth Rice proved that the Defendants, Ben-
net and Fox, lodged together in her house during
1819, us Auden's in medicine.

A letter of the Defendant, Bennet, was pat in,
dated Macclesfield, August el, 1820. In this let-
ter Bennet acknowledged that he had personated
Fox, in order to obtain him the certificate, but said
that be had reaped no benefit from it, but had
done it purely from motives of friendship. I•le ex-
pressed his contrition for what he had done, and
offered to ntrke r public apology; but deprecated
a prosecution, as he said he had already paid dearly
for his error by his loss of practice and character in
Maccle4ield, horn the exaggerated rumours which
had gone forth there.
Mr. CHITTY made ■n able and most ingenious
defence on the pert of Fox, and denied that there
was the least evidence of conspiracy against his
client.
Justice BAYLEY summed up the evidence in a
most perspicuous manner, and said, that unless the
Jury were *att►fied of the full concurrence of Fox
in the proceedings of Bennet, they must acquit
both the Defendants, who might be indicted se-
parately.
The Jury retired for hell an hour, and returned
a verdict of—iliot Guilty.

WEDNESDAY. OCTOBER Q.S.
Were Mr. Justice BrIT, and a Special Jury.

••••••••••
LAWRZXCE V. ILICRDVIEN.
This was an action upon a policy of insurance. Is the
mouth of December, 1819, an insurance was effected upon •
parcel of live stock, to wit, 30 oxen, 30 males, and 10 asses,
on board the ship Edward, from Curk to 11:arbadoes, with
bbesty to touch at Madeira. On the 18th of Jamiary,
the Edward sailed from Cove. On the 19th the weather came
on squally and hazy • in the course of the day it increased
to a Awry gala of wind,' and about adikelght a sea struck the
vessel with such force as to lay her forams neoseate upon her
beast-ends. The stalls I. which liro cattle had bees dis-
posed, to prevent them from premiss avow each other, gave
way; the shinsals were drives from side to aide by the
roll-
log of the vessel; ..**hest morons, sit at ibis were found
literally embed to piers After ender's( strum of weather
front the 19th mufti 14w1h nrJeliliewhenwiwir which period
she rolled away her mewiseia, We the reeler Part of bee
mile end otandelpqpit:oti arilitred omishiorable
in her lA, ' hie a pert of Cam
•

lay, neor Pentaire; at that time, of Ille TO head of tattle, 9
only, 3 oxen sod fl moles, were left alive. The I oxen diodes
the followlag day, from the hurts they had received and one
of the males died afterwards, on the voyage to Barbs.
does. To recover the value of the cattle destroyed the
present Fiction was brought against the owderwriters; lad
The question turned upon a special clause in the policy, that
the underwriters would not heliable in eaten, mortality. Ow
the part of the Plaintiff, Mr. tearleit contended, that the
saving clause as to mortality applied only to that mortality
which arose from disease; and drew a distinction **tweets
death occasioned immediately by the perils of the sea,
cud death arising remotely out of such peri Is. The clause tread
in the policy now in question was the same clause formerly to-
traduced into insisranees upon slave-ships; and in themes of
"Jones v. Amen," let Teets Ileparls. the principle had been
laid down for which he now contended. In that case &cargo
of slaves twine insured from the coast of Guinea to the West
Indies, ■ mutiny broke oat on board. Some slaves were
killed in the crmdiet, some were mortally wounded, and died
afterwards; and some, in despair at the failure of Meir at-
tempt, jumped overboard, or drank salt-water auto death.
It was held that the insurers were liable for those who were
killed or asorlally wounded is the scuttle, es destroyed by
the immediate peril; lint not for the Ins■ by sobscquient
suicide, that loss arising out of u cause remotely connected
with the peril of nitetioy. In the present case there could
be no doubt that the loss arose immediately from the peril
of the sea, the cattle baying been literally crushed to
mammy by concussion against each other and against the
sides of the vessel.
Mr. Gunore, for the Defentiast, desired first to state
that the premium psid had been only 255. per cent.; and
submitted to the Jury whether it could reasonably be sop-
posed that, sinless under some special condition, under-
writers would take cattle, which were liable in ■ hundred
ways to mischief, at the same rate of premium which they
receired for corn, timber, or any other species of dead stock.
Even in the absence of the clause against lees by mortality,
the insurers would not he liable for loss by disease ; and,
therefore, if the especial clause lied any meaning at all, its
nes-emery meaning must be to exempt the underwriters from
all losses exempt loss by the effect of shipwreck. Without
that especial clause a policy could not have been effected at
less than 15/. per cent.
A gentleman on the Jury observed, that the premium of
tbs. per cent. was hardly a premium to cover a log of wood.
Mr.Justiee Beer thought that the case was the first of its
kind, and that it ought to he deeply considered. The pre-
-1111111111 paid, he uutierslood, was nu snore than would be paid
fora log of wood, a commodity which could scarcely receive
damage; hut he heard also that it was • premium which
would cover corn, an article which might be damaged, awd
upon which, when damaged, it was the custom to pay aver-
age. His opinion was, that the word " mortality" implied
in the policy, at in common parlance, death by disease, or by
any of those evils to which flesh is heir. If the clause was
allowed to exclude death altogether, why then, supposing the
ship to fill with water, and the cattle to be drowned, still the
underwriters would not be liable. If the Jury thought that
he was right in his opioion, and believed that the cattle had
really died from the damage they received dories' the storm,
they would find a verdict for Ilie Plaintiff. At all events,
he (the Learned Judge) would advise them to do so; and if
his opinion should be set aside in another Court, the De-
fendant should have leave to enter a nonsuit. The mule
who died on his way to Barbados would of course be out of
the question.

Verdict fur the Plaintiff. Damages to be settled out of
Court.

OLD 8.411.1.. Y. OCTOBER 26.

William Dainteorth, aged 19, was convicted of
assaulting Sir John Lade, B.rt. and taking from
his person a watch and two gold seals, during a pro-
cession to Brandenburg!) House. Gisilty—Death.
James Shields, alias Tit Shields, was indicted
for stealing from the person of Margaret Cameron
a pocket-book, containing several hank notes.
This offence was committed as lung since as Octo-
ber, 1817, and three persons, belonging to a nu-
merous gang, have beets convicted ; the present
Prisoner had contrived to elude the vigilance of
jostice until these few days, when he was met by
Jefferson, the constable, and apprehended. On
this occasion Mr. Jefferson was not forthcoming,
and the Prisoner was acquitted.
The COURT ordered the recognizance, of Jeffer.
son to be estreated.