The National Register.
London, England, 1823-01-20 00:00:00

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THE NATIONAL REGISTER

pa part or the mosey i■ casts. and a good bill for about MC
sou 4001." The *Betas; then proceeded to stahe, that shoat
eight or nine days afterwards he saw Mr. Bewley again, who
told him that lie had settled his businers with gr. Sparring,
He said that Spurring bad given him back a bill for 3701,
which was as good 11,4 the Brisk, and Mid bike,' 3001. each fur
it. This he looked upon as much hondrome conduct, that he in-
tended to give Spursiug toe liaodsonsost snuff'-boa that he had
its his shop. On the 12th of June, when the same patties
dined together, the witness saw on Mr. Spurring's mantle-piece
' MN. atinti-box *blob Mr. Bewley had presented him with. On
' the Mb of Jose, however, which was the diy before, Bewley,
and Spurring met at his know. Bewley said--" Mr. Spur•
' ring, you owe me a dinner." Spurring replied—" 1 do, and
ts ready to give you the very best dinner the Pieria cant
Alford." " No," replied Bewley—" not shine there ; I
would rather dine at your own house." They dined accord-
ingly at Mr. Sparring'. lotlgiite, is Seymour place, New-
road. After dinner, Mr. Bewley and Mr. Hodgson cut the
cards for sums so large that the witness said—" Good God !
Bewley, what are you at?" and received in consequence such
a mina as made Inn I.old his tongue for the future. About
one or two o'clock in the morning," continued the witness. jort
as we were going away, Heyday said to Spurring—" Come,
Spurring, you must give my revenge." They cut the cards in
consequence, and a matter ended in a few minutes by Spurring's
winning 34101. Bewley then said, •• Gentleman, 1 eau% pay
you, fur lam at this mernent escherpiered for 1,0001. You
mum sot ask me for money for live or six mouths to anat."—
On my return from Camereury iu the October followisv,
Bewley told me dust he heal settled with Spurring ; be aid
that lie had given hint a cheat on his Hailers for 301., and
accepted a bill of eschinge for 5101. more at three or four
months. He likewise said lb t Sparring was sot to ■rk Into
for any more money till it was coovenient for him to pay it. 1
continued my visits to Bewley for some length of time after
this transaction. I never beard him at that time say that he
bad lent Spurring money. Ile first told me no in last May.
He always said how well Sparring bed bchaved to him."
Cron-elausiord by Mr. Marryatt.—Though I have often been
at Mr. Ilewlry'r house. I never saw him play fur large stakes
brfure the 20th of May. I have nut seen Hottgaus for a
morph, and I do net know where he is. He does not keep the
Pisa.* Coleo-bouse at present, but his brother does.
Has Hodgson been a beskropt!—Of eoorse be has.
The Lord Chief Justice.-1 think, Mr. Marrystt, the witness
has given you a %.ty proper mower. He says, of course, be
bas.—(A
The witnesses cross-examination continued.—Modgeon bad
been married, bat his wife is dead. The lady who diued with
as at his climbers, in Clement's-inn, was called Smith. I be-
lieve she lived there. I do uot know where she lives at pre-
sent. 1 only know a little of Hodgson, I knew biro from
going to the Plaits Cuffee-house, where I viu a member of
a oard Blab.
This was the ease on the part of the defendast.
Mr. Marryalt replied, and committed that the witness whom
he bad produced was fully as worthy of credit as the wastes
produced by the other ride.
The Lord Chief !artier summed op the evidence, and left it
to the Jury to decide which of the witnesses was must d
Mg of credit.
The Jury, without hesitation, returned a ♦erdict for the
isfeudat.ts

PERJURY-711r KING r. HARRIS.
The Solicitor-General staled, that this was an indictment fn
perjury. Toe parties were both clergymen ; Mr. H WWI
Lessee under t;te Crown of the Chapel in Spring ;muesli, and
bad let it to the Rev. George Masters, the present prosecutor,
at a rent of 2501. a year. This ander lease was grunted at
Lady-Day IS2i, and at Michaelmas following the first lilt
year's rent, 1201. became due, and was applied fur by Mr.
Harris. Mr. Masters claimed certain deductions under • lease
for repairs, tia which seduced the sum, as lie contended, to
921. •2e. 6d. and that Sala he tendered, but it was refustil.—
Mr. Harris afterwards made an affidavit of debt, for the pur-
pose of issuing a writ aunimit Mr. Master►, nntl in that afllda•
sit he swore that lOW. was due to him, and that no lender of
the scine had been made to him. Upon that affidavit a writ
issued, and Mr. Masters was arrested ; lie now in his turn pre-
ferred this indictment for perjury, the perjury IN ing alleged
upon those parts of the affidavit whiob swore to 1061. as the
sum doe, and to no lender hissing been mule. The prosect.
for also urged, as ■ proof of malice, that Mr. Harris had en-
deavoured to procure his arrest un the Saturday night, with an
intent to prevent ilia performing Divine Service in the Chapel
on the following Sunday, as by hailing ►o do so his lease would
have become forfeit.
The Jury, after hearing the evidence in support of the in-
dictment, sad an observation from the Chief Justice, that the
whole was a matter of account, and might reasonably be in-
ferred to have ■risen from olio:Ike, rather ham ■n intention
to commit wiltal and corrupt perjury, found the deteudaut Nut
Guilty.

TUESDAY, JAM. 1 i.
AfEDSCAL RIVALS.-11EVIER V. ISESTER.
Mr. Pollock state.:, that this ors a proceeding by snire facies,
that the defendant, under a penalty of 20001. should nut pratnice
Ili) sic within two miles of Tower-street, in the city. The de-
fendant had sullen d judgntent lsy delimit, and the Jury were
here called on to the daniaaes.

Mr. Searlett stated, that Mr. Hunter, the plaintiff, is • man
with a large tamily, et' high professional respectability ; the de-
fendant, his nephew. .1 he Jury would find the bentlicence of
the plaintill had n' t only extended to the defendant, but to his
brother and mother, for which the defendant had at an early
period expressed his heartfelt gratitude. The plaintiff feel
educated and brought up the delendaut to his protessiou, and
allowed him 1001. as his assistant.

A very affecting letter of the defendant's wile here referred to;
it was addressed to his father, and *linen in IMO, expressing
boundless gratitude and affection to his uncle fur the benefits he
had received from hiw, and smoking a thousand blessings on
him and his family.
Ilia apprenticeship having expired, the plaintiff engaged him
as stasiitsio for ►even years; he accordingly entered into this
bond, not only voluntarily hut cheerfully. Six years having ex-
pired, the plaintiff proposed a partnership between linuaelf. his
sun, and the defendant. The tiefendant brat agreed, but alter-
wards dissented.

AnotSer letter was referred 10, written by the defendant to
the plaintiff, /repressing the strongest feelings of gratitude and
'auction.

1,. 11,20, the defendant took a shop within two or three doors
of his uncle, melting up for himself, and carry ing sway his uncle's
practice ; haying brought his action for a breach of covenant on
a runner occasion, his bonlship seeing it was between near re-
lations, proposed • reference, which took plsce.—Nis uncle
was more affected by Ibe defendsot's ingratitude, than any con-
aid, ration of penalty or the bond ; the defendant's bits was
iinch. that alter this reference, which reused Idol in reinose, ha
still kilo tip the competiUon, throu;b the ;Beduins of another

person ; asel then he himself came hack carried on tbe
besines• is the same piece as before. Se great was the injury
Mr. blunter, the plaintiff, bad suffered, he cutad neither procure
♦ partner or am apprentice with api ; because the answer
was, your nephew carries on the business next door, and litre
is ad effectual competition. It was • painful delicacy Mr.
Limiter, the plaintiff, would be under to prove special demagog..
as that several or the uncle*s paiieute had left biol. end gone. to
hit nephew ; but the Jury would asses* the damages from the
general estimate .r injury anstaisied.
Mr, Charits Simpson, attorney, produced defendant's letters,
which were put iu in evidence.
linens prepared articles of partnership between the par-
ties in 1610, with which the tlefeudant expressed liiingeilf
satiofied. Defendant was to have a fourth share for femme*
years—objections afterwards came from the defendant, who
wanted to be second partner in the firm instead of third. The
treaty commenced iu June, 1620. The plaintiff finding a.-
fending practising in competition, desired witues to write him
a letter fur the forfeiture of his bond.

file letter was berg taut in, threatening to pet the bead in
force, unless be removed from the neighbourhood.]
Witness received no MI% er.
Cross-essmined by, Mr. Wilde.—The plemtiß carries on
business in Mincing-lane, corner of Tower-street—defisiisat
in the neat street, which is Crutched-friars. The bond reeitss.
that in c:ise of the deeds of Mr. Ilunter, sem the business was
to be divided into three shares ; •of which plailtilf was to
dispose of by will, the other two between son and nephew.—
% does* believes defendant quitted his uncle est by his desire,
but even without taking lo Irate. Is the last esmie the be-

trator awarded about 3001. damages and coals.
Re•e:amiaed.—The 4efendant by the articles was placid ow
the same footing as itlsintirs 6011.
Robert Coots was servant to Mr. Thomas Heater, of
Crattlied-friars, not the assistant, only to •ake htmselt useful
waited at (aisle.
Mr. Scarlett.—Did run carry oat medicines ?—I dou't know
whether they were medicines.
Mr. Sear!, tt.—Did you carry oat parcels which were sup-
posed to contain medicines ?—I cast swear that they conia:nod
seedinines ; L won't swear that..

26.Nearlet1.—Your evidence is the more valuable, that
)less sweae with so much caution.
Witness carried out ravels supposed to confide medicines
he shout a dozen, or nut so many.
(16sansieed as to dilferent patients to whom he earned what
be suppose t to he medicines.)
Mr. Thomas flouter kept books, in which be wrote himself,
but witness :oold not read the language, it was toot for witness's
scholarship. There were various sorts of things in that shop
that witness did not like—doings that imitated medicines, gal-
lipots, jars, bottles, &c. Ile. master's shop was more like
an apothecary's inside than out ; can't say whether it was an
apothecary's shop or not ; has seen things then out of larger
into small bottles, and witness has worked a pestle awl mortar.
Thomas flouter was on the DOW, and a eight bell *With wan
eccaeionelly rang in the eight.
Cross-esainined.—Think• i: was in October or Nov. 1820,
when witness came into the defendant's service ; left ebout
a year and three quarters ago.
Francis Henry Motley remembered defendant being tenant
to witness's her in Ib2o—has seen the medicine-bottles in
the shop, and the name of " Surgeon" on the door—witness
learned from the defendant that be bad burned or destroyed his
books within the silt nionthe—the shop was shut at the time
the arbitration was finished, but cannot speak to dates—never
saw any 'minimas ctrried on until defendant returned after the
arbitration—the man that simile in defendant's absence merely
kept the house ; the cause was, he believes, tried in June.
Re-examined by Mr. Searlett.—When the arbitrator was
examining the shop remained as before, only the name taken
off the door. Ilas heard skit defendant left et the expiration
of hi, bond.
Mr. John Berridge lives in Tower-street—Mr. Hunter, the
plisintiff, attended witness's family. The defendant ;mended
generally as assistant—rententhers his setting up for himself ;
surd no, boliciting but succeeding his mode • basiness in wit.
Seas's fmily. From Nov. 1820, to May, 1821, witness paid
him 951. 10e. %ben lie came buck from the North lie celled
on witness respecting a bit which eiefendant said he had mis-
laid. Vittoria has no doubt that at Una time lie was attending
patients geuerelly.
Mr. Wilde put it to the Jury whether the defendant had not
Made ample return to his node for all the favours he had re-
wired, by having served him faithfully foe so great a number
sr years. The defendant, having already paid 3001. damages,
nom hale had a great struggle, therefore, in the present in-
stance, that heavy damages lie would never be able to pay.
The Lord eider Jubilee observed, the Jury had not to try
any question, but simply to 'sees% damages fur a breach of the
agreement after November, 1820. to was impossible in pro-
duce evidesee of all the patients the deleisdauts might have led
away—the Jury, would, therefore, form a probable and general
estimate froiu Octobar, 1520, to Juue, 1521, the loss of busi-
ness the plaintiff had sustained.
The Jury found for the platiotiff.—Damages 501.-costs 40e
WPIONCADAY, JAN. 15.
PRICE AND OTHERN e. LLE.

The Solicitor General stated, that this wait ao action to re-
cover 1581. for goods sold and delivered.
Mr. William Percival was traveller to the plaintiff in March.
1821, when he saw the defendant, Mr. Thomas Lee, of Kid-
derminster, carpet manufacturer, who ordered • quantity of
cream of tartar and lee dye. Witness mentioned Ts. Yd. per
pound. 31r. Lee offered 6s. 9d. W duets made a ammonia-

dum of the osier—tilisersiisg, it was rather below witness's
hmiti; that was as to the lac rle. Witness informed the de-
fendant he should transmit his order—and, if he did not hear
from the house, be was to conclude the order would be
executed.

Crosa-exemincd.—There was no agreement to wait for the
order being limit.
The Solicitor General observed, • •erbal and conditional
order in flint rase would not take, it out of tile Statute of Frauds.
The Lord Chinf Justice observed, a part acceptance would
take it out or the S,atute of Prods.--The cream of tartar wild
an absolute order, the price being agreed upon on both sides,
mud the delivery we. complete.
Letter put its Iron, defendant to the. plaintiffs
Gent', meet,—We cannot take the goods invoiced. Year
trartlier ens to transmit the order, and you were to say it you
accepted by return of post.•'
It was arlr•itted the ru•iendant received the cream of tartar,
but refused the lac dye

Mr. Gurney observed, both parties in this ease were highly
respectable, only the mistake arose on the part ut the
Iran eller. The market priers oh these articles were falling, and
therefore it was important the plaintilis should send an answer.
No answer arriving, fir. Lee could wait no longer, and there-
fore purchased of another at as. It was only atter the fall 01
the market the plattattia thou ,ht proper to ruk.ply the order.