The National Register.
London, England, 1821-12-03 00:00:00

cillitscil r. AINTIN.

Th's was on action a. lei over front the defendant MI.—
nod in civet, by him for the use o- the plaiutilT. The plea
was, that there was Si.. 11101111,V to pay.
Mr. Gamey stated this cme to the Jury ; the defendant
was a hose dealer and lively-stable kaeper, and plaintiff
took a horsio to Lim, with instructions that it should he sold
if n price of 801. could he tobtailicd for it. The horse re.
m000•d iii,.,• toe owe time hefore it was sold—ultimately it
was sold, but on the plaintiff applying to the deli-mutant for
the NC. he wins told the horse indeed was sold, but be could
not say where he was gone, nor had he any money for him.
The• witnesses called by Mr. Gut iwy only went to show
all exchange for anothar horse, but 110 money was proved to
have been received. There was no count for goods sold and
delivered, and his Lordship was of opinion, that upon this
evidence, the plaintiff must he non-suited.

COURT OF COMMON PLEAS, Nev. SO.
HART U. 1307•T0Y.

Set;jeant Vaughan said, this was an action brought by the
plaintiff., who are a inc and spit it merchants in Thames-
blleel, td recover Ili. belie. the price of two doxcu of
line old es tested pue t, aced two dozen of 'here y.
Thomas Lanagan stetted, that lee had been in the employ of
Julio Jacob Ilart and Frederick flat t, the plaintiffs in the
tu•tio'. The cc :ten ss knew Dt. tto)ston. Ile delivered
three dozen of le ine on the SI of A•it;o,t.
Setgerant Pell here declared, he was willing to admit the
delivery and tier prie e. lie was anxious me Ilei • MT/ kk loon to
Near lIIRO as tow le as he could, and tin at tecece to tier defence.
Toe wice was purchased by the defendant, as Ito was a me-
thod man, very much and deservedly respected. It was
bought ten a specific contract from the plaintiffs' age nt,
pursued named Benson, a person who clearly understood chat
credit wets to he given to Christmas. The Jury well knew
tacit festive season had not lanced. When it did arrive, his
learned ft lend might bring ate action. The wine wets ex-
cellent, and it would no doubt he all drank before Christ-
ma-; but no one bottle would be paid for till their.
Air. Benson wits next called fur the defendant.—Before
leis ex 00000 inatiou, Sergeant ►aughan put the following
qui 'lion

Q. You have laid a wager that in this case the plaintiff
cannot ieenver ?—A. I have laid no wager with leference to
any thing in this cause. I have had a conversation.
The learned Judge would not allow hint to state the cua-
vra•r.tion. 'The witness then depra....l, that he was agent for
:11e,rs. Bart. He sold the wine in question to Mr. Boston,
ho i• a physician. It was sold to be p..id for at Christtnas.
Tae d.fenclant was solicited to have the *vine. lie said he
had just purchased some, but to oblige the plaintiffs would
love an order.

('ros•exantincd by Sergeant Vaughan.—The witness said
hr communicuicd to the &Mudd.- that he sold the wine on
crtdn. He was not on good tei IRS with the planititli; but
hind never expressed his gratilicatiner at being able to press
the rams of the action on them. The contract 11,Uti distinctly
wade for credit.

'fliianas O'Flaherty, Esq. an officer in the army, was pre
sent hell the wine was sold to Pi. liwyston. It was to be
pain fat at Christmas.
Sergeant Vaughan here admlited that he could carry the
a•e oo lin titer. The wereautwerable for the act
ul't,o If ;Agrot.
Ser.:A.m.' Pell observed, that Ins learned hrother might
guSto op the cave, utter healing 111 i. Bru.uu dt elder
it us as sold on coedit.

Seigeant Vaug;laninstified the cour.e he had taken, it'
cuustiluence of Stageant PrII j..cuiely cictrituctl:—


- -
" Ala.! My learned brother dies, and gives DO siga."
The Jury found a verdict for the
Tours v. F‘R Log.
This eras an action to tee iv., 101 which the plitiatif a
loader carpenter, C1711111(.4 for win k done, fora person of the
name of ItiihrrtAiii. Tire delcod int ass proprietor of a
house or 1101111.9, where the work any done, and it ram
proved on one occasion, when the plaintiff complained that
he could not get lei, money, the rfrfronlaut said, "Never
d, en on, and 1 r ill sue yon land."
The Jury found a verdict for the irlaintir—Dansages 101.

CONSISTORY COURT, Fato*T, N0v.30.
Tile OAPICE OP TM, JUDGN vaossoran at womalvon
AGAINST CLARK,
As soon as the Court opened. Dr. Clark, the party pro.
ceeded against to this ea..., rose up to address the Judge.
Sir Christopher Robinson observed. tbat no cause was yet
called, nod he Celli] nut hear Dr. Clark when there IVY
iiOll,l.lK before the Court.
The l'ioctor of Dr. Wollaston, upon the Registrar's
baying called the alio% e case, Ihi n declared that be would
nun pray the Coma to protiounce Clark to have been
in contempt, lov novo'. of his not having appeared before
the whirn bad issued in this cause.
Dr. Clarke.—So- Ciiri,toplier Rubinson, a citation, it is
true,' hove seen, calling un me to appear before my Lord
stowell; but I have received nothing else—no other notice
whatever. Since thi, happened, 1 have learned by the news.
'misers, that Lord Stowell has resigned his chair in this
Cowl to you, Sir Christopher ; but, notwithstanding this, I
nave hem§ served with no other citation.

Sir Christopher Robinson observed, that Dr. Clarke,
'wavier, busing now appeared, the Court would be relieved
from the necessity of prouciencing that he was in contempt;
and no doubt the cause would now go on in a proper and
legal course.
Dr. Clarke.-1 wish, Sir Christopher, to be heard before
this court in reply to a charge of having obstructed the entry
of Archdeacon Wollaston into en) church.
Sir Christopher Robinson.—That question is not yet before
me, Dr. Clarke : at present it only remains that lthe Court
should proceed with the business before it, in the usual form.
—lf the Court apprehended that any delay was prayed foe,
itiwould readily grant it.
Dr. Clark.—Really, Sir Christopher, I wish to be dls-
missed one way or the other. I cannot continue to sleep
out of my bed in this manner. I had only four hours
sleep last night, and four the ui.ht preceding. lam sure
that my case ought to be considered; Lord 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
case in the hands of some professional genttenian.
Dr. Clark.—Really I have it not in my power so to do.
I cannot afford to avail myself of their assistance. I have
been long iu great poverty, and have a large tinnily. The
expenses of publication have been very heavy upon me.
I wrote a book, and dedicated it to Lord Sicnontli,"when
he was Premier." His Lordship did me the honour of
writing one a letter of thanks, but he has allowed me to
remain in poverty these IS years past.
Sir C. Roltinsou.—Will yon given an appearance, Then,
Dr. Clark ?
Dr. Clark.—l will do any thing that I can do,Sir Christ.
topher ; 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, I
Shall acknowledge their kindness. I have nothing to
give ; but I would willingly part with any life, if I could.
—The Court would give him leave to say, that he found
lie could not admit yr. Wollaston through the large doer,
and he thought it would be disrespectful to admit him
through the back door of the church. But the next time
Dr. Wollaston ett ate, he would admit I ' hrongh any door
the Court might tie 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 ua
the next court day, and that Dr. ('lark might beading,.
wished then to attend.
The Court decreed accordingly, and observed that Dr.
Clark would permit it, before it ruse, to give hits mitt
word of advice, namely, to employ counsel to appear fur
him ism this case. Ii would save Di. Clank mulch trouble
and einhatio,sineut, and be of great advantage to his
valise.
1)1.. Clark expressed his obligations to the Judge for
this suggestion, but be was afraid that he should be tumble
to comply with it. Its was very Hutt had already
int ut red tat ge expenses try the isequent appearance which
his parish compelled him to make um courts of law.
The Corot t then ruse.—(Dr. Clark appears to be infirm,
and advanced ill years.)

Mr. Webber, a young man, who performed the part
of clown in the egiiestrian company of Mr. Cooke,
now exhibiting at IVakefield, with distinguished abi.
litv, was on Monday morning discovered a cold and life.
less corpse, in the area of the Public-room erecting in
Wood-street, in that town. He called at the NVorsil.
man Inn, about 9 o'clock, but did 114 it sit down. The
night being very dark, it appears probable, that unfor-
tunately approaching too near She collier of the build.
Mg, he stumbled upon some loose fl tgs which lay there,
and count% in contact tsith the low parapet wall des-
tined Mr 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, as he W3S limnd with his head doubled under
his breast, and his neck dislocated A Coroner's inquest
eat upon the bodyat the %timid mail Inn Monday even-
ing, who returned a verdict of—aceidental death—and
laid a Gle of tAil. on the proprietors of lite rooms, pro-
vided the place where the accident happened, and every
other dangerous opening near the building, should not
he secured, to complete satisfaction of the forern
of the jury within 48 hours. Toe remains of tins tot-
innunate young 111311 were on Tuesday evening accom.
pained to their last repository, 111 Si. Johtee churchyard,\Vali( &Id, by Mr. Cooke and the whole of the per-
by a bond of music playing the dead
maielt in Saul, and followed by a Large concousse of
people.
Monday evening, about five o'clock, Mr. William
Enms, of Anthony.strect, St. George's ite the East, pass-
ing the corner uf Anch.or.yard, Rosemary-lane, was
by four ruffians, who knockeu hi= down, aid
rubbed nun of his watch,.

• .t
-....111M

309

JA.M..IICA PAPERS.

FALL. OF C tIiTIIAGENA.

NATION.

4 41,

KINGSTON, OCT. 6. —By the schooner John we
have received accounts of the city of Carthagena
Laving,; capitulated oil the ‘2sth ult. to the indepen-
dents. On the ult Cul. Miguel Martinez,
aid-de-camp to Gen. Montilla, arrived express at
Savanilla, tom Turbaco, with the above intelli-
gence, and with all order for all vessels at that port
to discharge their cargoes and proceed to Cartha-
gena to take the Governor, (Gen. ht Torre) and the
garrison of that tiirtress to Cuba. The schooner
Briviot, Hall, and sloop Girihound, Henderson,
were both taken possession of in consequence, and
an officer and 15 soldiers put on board each, with
directions to call off Santa Murtha. When off that
port they fell in with the Nainitus brig of 18 guns,
Captain Chapman, who sent the soldiers on shore,
and ordered the vessels to return to Savanilla, am!
take in their cargoes, which were ready, after which
they were to sail tiir this port On Iheirgoing back
to Savanilla, they were seized and sent away, under
protection of two Rau-b•'ats, for Baca Chica, from
whence it wits ex:ieeted they would take the Spanish
troops on board, mid depart immediately for St. Jago
de Cuba.

The schooner Perthshire, Ferres, was relanding
her cargo at Savonala, and would be obliged to go
to Carthagcna to take in troops thr Cuba.
We learn that General 11,1mitilla, previous to the
capitulation of Carthagena, had bombarded that city
from Popa, and done touch injury• to it from the fire
of six long guns aid two mortars.
OCT. B.—By the Ann, in three days from Rio
de la Hache, we learn that three of the Columbian
squadron had sailed from Rio de la 1-lache tin. Sant►
Martha, with the rifle regiment, tinder the com-
mand of Col. Sands, consisting of SOO amen they
had recently arrived from Maracaybo, and were to
be followed by three &visions, consisting of nearly
3,000 men ; most of the officers were Beitish, and
the troops are represented to be in high spirits. It
was generally understood that their ulterior desti-
nation wax Porto-Bello, and the Commander-in-
Chief was said to be General Nlarino.

General Bolivar had proceeded from Marncaybo
for Cucuta, having beet, sent for by the Congress to
give his consent to several laws enacted. He was
expected to return, and would sail for S.tntha Mar-
tha, to inspect the troops there.
The brig Experiment, Blucher, and a schooner,
commanded by u Captain Bernardiro, from this port
to the Indian coast, were detained by the indepen-
dent privateer Anna, Gwent, and carried into Rio
tie la Hache, but were instantly released, and per-
mitted to depart by Colonel Sands, the Governor,
who expressed his disapprobation of the commander
of the privateer, for attempting to interrupt vessels
trading to the coast.
The Governor of Rio de la Iliebe intended, we
learn, transmitting a memorial to the governor of
this island, complaining of the con.:uct of the cap-
tain of a British vessel, which put into that port,
but went out without paying the duties or port
charges that arc established there.
All articles used for building or agriculture were
declared free of' duty by the Governor of Rio de la
Hache, who had issued an edict, offering lands and
encouragement to persons of all nations who would
emigrate and settle in the neighbourhood of that
place.
FROM ST. JA6O DE CUVA.—We learn that an
express had arrived there from Nlancinalla de Cuba,
to announce to the Governor that that place had
been attacked by the Independents, who, it is sop-
posed, would plunder that town anti afterwards b-iro
it. Three hundred regulars and militia were im-
mediately ordered to proceed to the assistance of the
place, but they had to march a distance of forty
leagues.

MINISTERIAL EXTRAORDINARY GAZETTE
OF CHILI.

!,,OiTIA(.O. AVG. 14.
" LOW; LIVE OUR Col N I '
•' LONG LIVE TILE GIIII.I N I ION!
" THE FRET' /O OF PERU!

TIIE SUPREME DIRECTOR OF TilS REPCULIC TO THE

" FIiLLOW CITIZENS,— What clays for Chili are the 13111
and 14th of Auaust, 1621 ! N hat dais for the firemen of
Petit, who have just rrestscred hr the .aeriliees of this heroic
tow the august rixhis winch the wood bumf of arbilary
vowel had truriwd over nature ! The heart robs expressioiss
• eir pita er, and we nowt e.enleut parse ves with sii) talc
alms; with a w tat mac., tam %surd. are useie-s when actinic,
*MI hr 0.1 • speak. This motto. tit (which appears s.) me Ihe
only Oise 111 my existence) n blot so EllUaill.• ID sue fur lice
▪ lut y %Hien fins sealed thc triunii.hs with a hich Providence
hAs siriderrd his luau lice epoch 111 alt ch you have intrusted
to sue the arduous duty I pteNiclicie lover lice destlilie c.ci ant
couairr, as to, the am os:a• I.utu tcl the wishes a the a:OI,N
ILL•cul the reruumitriee of I.i. h.git sac, once' ll this a tie 'lit
last ad) of in lar, l -hualti clue .1111 pride than la
the antra of lie nisei, ul war. plot
",ts nol w lac riot' .110 shudrd the Athrioaus fin
basin( oid.rd as neuilure hoist s.s.us•tr) of tSU da.s employrd
It, taste ts:asu, rue &theta's.," of su hiorlas all the roads
to hinileet r to a salter:Amodio' t runnier thin tor the psi
vats...taut tru )ears 01 n glicc -to giggle, in which the alter-
...rye of If ....lA,. 11111 •PV••,,L• has rod..ri toy placing V iCtory
is he aoci. at palace of the llicero)s of Irina Olt