The National Register.
London, England, 1819-07-25 00:00:00

LAIV LVTELLIGENCE.

(X)URT OF (1):117‘10N PLEAS.
SATUVDAY, JEJLX 17.
ONSVIRACT TO SLIWCE WORKMEN.
En V. ASTO.R.
Thin was an action brought by the plaintiff; a respectable.
piano-forte manufuctuter, against Elizabeth 4,...t0r and Sons, of
Cornhill, who deal extensively in ;he mime trade..for a conspiracy,
in taking Coal the plaintiff t &of his workmen, durjrig the exi.it-
epee of their regular eneagement with him. There were several
other count., in the declaration, which charged the defendants
with a breach of contract. &c.
. . .

Se dere! of the workmen were examined in support of the •
plaintiff's case. From their lex:jointly, it appeared, that early in
January last they were induced lily the NI eesrs. Astor to assemble
together for the purpose of receiving an offer to quit their
master's employ, and to go over to the defendants ; they were
entertained with plenty or bread, beer, ale, gin, and rum. and
regaled themselves heitrtily, so that they did not return to do any
other business on that day. Many of them rejected the solicita-
'len to quit the plainufll, but others yielded and signed a paper,
consenting to go to work with the defendants the moment they
had finished the Jokier work which they were then engaged at
the plaintiff's. Fourteen agreed to do this, and each received the
so doing our pound.
It also appeared in evidence, that a contract had subsisted for
inure titne between the plaintiff's house and the defendants, in
•which the latter had stipulated to take a certain numbs of
pianos weekly from the plaintiff, at a stipulated price . • that the
defendants had, on more than one occasion, regretted the exist-
ence of this agreement, and intimated a desire kv keep in their
own pockets the money they paid the plaintiff Ihr manufacturing
pianos tin therm. When some of the workmen during their ne-
otalation with the defendants, alluded to the force of thiseontract,
one of the Messrs. Astoma wits state) to knee said, that they would '
soon render the plaintiff unable to fulfil his part of it, which, in
the result, was the fact, owing to the remittal of so many of
men. The contract:was said to be worth from soot. a year to
1,00(11. a year, and was, tor seven years, subject to a clause of
sepsuation xt three years.
For the defendants two witnesses were nilkAl, who proved that,
when complaints were made respecting Settle of the pianos to the
plaintiff, he spoke in an angry tone, Rod expressed a desire to get
rid of the contract, wit ch lie offered to burn ; that afterwards
some negociation was earned on for the pitches:: of the plaintiff's
stock, watch did not terminate her any agreement.
The Chief Juai, c held that the seiluetiou of the men was
clearly made.out, and left the amount of damages to be iticer-
tamed by the Jury.
'file Jury after five minutes consideration, returned a verdict
,fcr the plaintiff—Damages Wool.
Tliti trial lasted fitau 10. chuck until four.

JULY 19.
ANDROS V. ANSTICE.
dlZ,grlertifei elYe. 01.4488t/t/! tied FeblC //elpei,toehte. it.
This was an action for assault and false imprisonment, stated
to have been coininitted by the defendant, Captain of the Henry
l'orcher East Indianian, upon the plaintiff; a Lieutenankin the
65th Regiment.
Mr. Serjeant,Vaughan stated thee:i.e. The plaintiffhad, he
said, after having served many campaigns found it necessary to
return to England front India, for his health, sib:eh had suf-
feted considerably. He had paidfor hi. pat-sage, and was
entitled to thentost ,upguesvc.nahle good trsotitient..—A dispute
arose between the plaintiffand defendant, before they reached St.
Helena, which ended in personal violence. The plaintiff chid.
longed the defendant, and three shots were fired on each side,
on the island, after which the seconds interfered and adjusted the
difference. The defendant, however, retained a strung retneni-
dirance of the quarrel, and chewed it in the thlluaing manner :
Thetas:tits a young gentleman .of literary attainment,, named
Wharton, fin board, the descendant of the poet. Ile. wrote a
letter, whirh he designed to rend to his friendis on the subject-of
the runeupeter, in.tchieli lie gave an untitvoutable a. anon of the
deferdimes coldest, theadvice or the plaintiff the letter was
not sent, but was torn in pieces. and tlisi,vm into. a nameless
place front which the defendant picked it. lite contents were MI
dsagretuhle to the iCaptain, that he immediately ordered Mr.
Wharton, who was a charter onsiciuger. not to be.allnweel to that
part of the VI Sel in which the gentlentee tonic up thwir places.—
The plaintiff asked air. Wharton to his cabin, and was ()11 that
,account confined, tnough in an ill ista:e Pt heafth, for upwards of
two mond:, to a wretched deck place, by his former antagonist.
Or the arrival of the ship at Portsmouth. $l4ll 1111 t iillthen, he was
;liberated. Tina was proved, by the winicsses wlimguactled the
plain tiff with cutlasses.
Sergeant Copley called witnesses to prove that the plaintiff hal
.endeasoured to cause insubordination, and centluet we.. in
whet respects highly blameable. In this he .totally
The Chief Justice, in summing up commented with great
severity-neon the. cooduct of the ilefeedant, whoseconduct lii.d
keen tyrannical m the extreme..

TheJury:faunal a vert:ict for the plaintir..-dawag 5001.

1,41 V REPORT.

COIMT or E!Nti's BENCH, JuLy 23.

(Sittiagy aftor Tcrin at (hal,Mall Ware a Special Jary )

COMMON CARI:IIII3—LiIItN ITT ASO CO. V. WILLAN.
Thii was an ori.nio brought by Mrufs. Bitkitt and Co.
dry-Amity's, aglinht the props irt4 r, of a Mate Midi from
L9lnttlii to I,:xetct, to Itcuver
,AlllMingthe value of a

JULY 25.

box of cochineal sent by the coach of the defeudant, di-
rected to .1.. Worthy, Exeter.
It appeared that a letter was received by the plaintiffs,
purporting to -come from J. Worthy, a dyer, at Exetei,
with an order for the cochineal which was sent by the Ex.
etc r coach. After the arrival of the box at .Exeler,
man of the name of liieknel was desired by a parson who
met liiin near the fuer, to so and ask fur the package, tell-
ing him the. price was- 465. The man went and he ought
out the box, which the stranger a eceivrul and carried away.
The question was, whether Wismar a delivery curreapind-
ing with...he direction. It was contended that the defend-
ant was hound to deliver it to J. Worthy, of Exeter, instead
of which he delivereaLit to csteiteger. '1 he property was
totally lost to the plaintiffs, the whole being a.ti irk played
off by Altariters to obtain the cochineal. No older had been
sent by-itlr. Worthy of Exeter.
Mr. Matey at, w ho supported the plaintiff's case, argued,
that the defendants, as common cart iris, were liable to pat,
the value of the WA, because they had delivered it nuclei-
, circtinotances which made them answerable. :Rey were
not
,institieil in rising op a parcel toany one who happened
to know the pi ice charged for conveyance, and the name
of the person to whom it was directed. It wiis the ditty
of the defeniltom to take parcels to the residence of the
persons to.whom they we me directed, and if they world
eeiive r goods in their office, they should at least take
vouchers tin the delivery.
Mr.,Searlett contended, in behalf of the defendant:,-
I First, that they wet e not liable for the s nine of the gond.,
because they hadnot been paid for in the Coach lace ac-
cording to value. Secondly, that the plaintiffs having
parted with their rightist the property, as sellers, could
not support an action. The person who stood in the situ-
ation of Player, namely,. Worthy, of rExeter, could only
sae fur the non-delivery. lit was, under all the eircum.
snuck s, such a delivery MS soy cars ier, exercising l'eaSoll-
- caution might have trade.
The Lenrned.Joilne, in his charge to the Jury, said,
before 1 detail to you the substance of the evidence, I
wish to male a few realm the law of England,
founded on the most ands sit principles, a carrier is held
to strict responsibility iu case of Irma, and ch.: reason of
the law is, that if he be not so held, collusion between the
carrier aml Isis servants would be so easily made sup, that
no man would be safe. Of late timea, common carriers
have endear oniedlo exempt themselves times responsibi.
lily by exhibiting a notice, in which they say they will not
be answerable for goods .ebove I stated value, sinless
hooked and paid for arcorditie to the value. If a person,
after this, chooses to tritst his goods, without comply ing
with the notice, and they are net safely delivered, he can-
not tnake the carrier answerable ; hut, iii order to Inapt;
the carrier within the bean-lit of this tiOlice, it is incum-
bent on Win iu make the person delivering the goods un-
des stand the notice, by either readingit, or putting it into
hi. hands. :his case does not take thetito•rliun, whether
the plaintiff ',Otis servant knew of the noire ; iu point of
fact, 1111 notice was exhilitted. The servant thereloie
could not know it, and if carriers will nut take the tumble
to make their clerks or servants deliver a copy of their
notice; they mint lint complain if they do not benefit. It
is argued, that the action .against the carrier assist be
brought by the buyer, but in this case there is no buyer.
It is all a trick and coot rivanee, and being so, the properly
reoriented in Messrs. Litt, and Cp.—Tile Le.nied
Judge was of opinion there was proof of negligence on the
pert of the defencl4iits. A Call ter Might not be 1111111111 10
go In the ma si.ience of the pea son to whom the it:is-eel is
directed ; lie May deliver it at his office, but lie must de-
liver it to the right per-tan ;if be dues uot, he takes Ake
eonsequenee. iindouldedly he night have found J.
Worthy, who was well knuwii iii Exeter; instead of which
he gite. it to a strangi r; and if a man will. deliver goods
under Sitell CilellillSlances, he 't answer fur .neeligenee.
One of the JIII.IIIS 1014 e rued, that Ho property would be
safe unless it was delivered according to dal region.
Judg,.—So it seems to me. You must, however, Call.
eider, Gentlemen, what the carrier has alone in this in-
stance, rather thou enquire by ivti.a sight lie has done it.
Parcels are often directed to be it ft till called fos . hot
11116 was not directed sea. It was directed to a man w ell
known fu Exeter.

The Jiiry rtEinti a vet diet for the plaiatiir—Damapes
..e I 11.

ver,liet will' do some gocil. II will s'aew
raiiiers how far they are mile in ilelivrrin goods.

VICE...CHANCELLOR'S COURT, MONDAY. ./1/11( 19.
SUPPO,3 LERITINIA‘Y.
SLIRGE:I3SUN a. BURG/MON.
Mr. Hart moved to solve's., the payment of Sf et. a year,
which the C t 114.1 ordered to he paid fur the manta..
leaner of Eliza Soogesson, she daughter of the late C.I. F.
sorgetswo. The I.satned counsel *totted, that the question
.to he be ought forward by the present motion was, Vibe.
lilt r the.child oolCut. Son ge•soso was a oppositions or a
legitimate child. The plaintiff. were the Rev. Richard
Suitessou CJIJ the oilier' tue.%t of kite of the Cur.-
nel,,m.leo claimed the property to the event of the illegiti-
macy of Isis • dengliter being eventually proved. This
motion was Rounded uts the affid.ovit of the Rev. Richard
Surgesson, and there were beside* the affidavits of the
usher phintifis. He might have had the affiol frit, of seve-
ral uiteesses, brit ,e. I, conceived She proper mode of
toying Ate trestiuti nimbi be by preying all issue, he
thoneht it would be ilte.fairest way not to pin those vt it-
alicises to pledge themselves by *wearing to affielaviti., but
so allow themaa appear in the box leetre• a jolly, with
minds per feceltunprejusticeil. The general statement of
the ease was this :—Col, Sus gesso's, tois withstanding his
souk in lite,appeared to here been ail e•tresuely
paled man, and in the yearltilfl had hem' confined is the
sheriff's prison in Dublin los debt. At this peeked his then
lir died Alison the tome, or soon *tier her
decease, he became acquainted with Atm, sos Neilson, thee
called AIIIIP and admitted hail uttermost tied
with her. 'I hey quitted Dublin and ranee to England,
%lime they lived together till he sit, d, without lassie, o.volt ss
it should appear 111111 Ellie Surge-sun was his elanethit r.
The affirlaeit of the plaintiff, Re hard Sergi...sou, lisrther
tool, that WI the ki.ith of Ft broary la-t he received
setter (iota a person who signed leer name Eleanor Com-
nisedians, to ati• effect :--"Sir, I address yon as • sto anger,
and have a calcine-A:Aire to rmumuuicatc to you that will
add 30.1111)1. or 411,00 `I. tii your children', (minor. I hope
pen will come .os r„ ins alter my decease there trill he ail
cod of It." There ,was a postscript fleshing that, if lie
Wit.ir an answer, he .would pay the predage, as sloe tuns in
want ~I money. Upon Abe receipt of this letter, he t !lir
played .Ir. itaiubri.lic of Warwick-square, desiring him

JULY 25.

to ranee the necessary inquiries to be made. Some time
after he sea:civet, another letter, signed " Palmer,'
Ji-
rrcted in Mr. Snrcesann, which stated that the writer had
been with E. Cunningham, nod hail been informed by hi r
that Eliza Soircesson was neither the ollapting of Coluncl
or Mrs. Stirgesson, but was the child tit a truant of the
name of Dawes. t 4 Ito bad lived with them. *1 he plaintiff 's
affidavit Woos :fated, that lie made (Mice 151 hey thy as to
the tt nth sit this intormation. 4111 had s, I ay reasua to be-
brae it ems CCI, Sileis was the evidence runt anted isi the
affidas it of now of the next ot: kin; and if it was not suffi-
cient to entitle them to an issue, more satisfactory proof
of the circumstances of the ease would be laid before his
I.ond:ship.
Lord thancell. r.—You hoer done right, counsel, in not
calling for other atlistaa its ; but as this child has h en bsouzht
up as the child of the faitsit , I moat have somoilsior, more
than hi:am:sot .... and I:alert'. I stiosdal hr. taking a very
s. tong step, indeed, it 1 was to go a step towards displacing
this child frsm her eimditi .... in life, trikss 1 have very
good grounds for it. I refused the Tame trine of applicat un
its the case of Mr. rulluises, who had tired a dis n w,,,a.,0,
and had S or 4 children crammed upon hire, which fumed
out not to be hir. 11e was so fossil of ho•tig considered the
fisther of this otiman'a eh. Wrest, that she Is id presented lion
owls several, which some other person had given her.
kir. 15 ishiersed, that Col. Stireessun had lived fire
years after the birth of the child, and had uniformly
ac-
knuwfedged her ar his own. The prepoodrrance ut the evi-
dence was iu favour of her legitimacy.
'file LOlll Chancellor •trated, that is lien of went to
alter the state and condition of an Miaow, be sassted not de-
cide upon than a ishout being Mme that they corn a turd pro-
per ground Ile therefore desired to have further prouf
befs.re he granted as issue.
TILE DUKE OF MARLISOHOUGWS GOLD PLATE.