The National Register.
London, England, 1818-07-06 00:00:00

TIIE NATIONAL lIMBTER

that in the event of Rogers's failure, a eireontstaucc not im-
probable. I preselne tli whale terpensee of the four actions
ve ill fall tipon you."
Cross-examineel.—Mr. l'opkin's brother tante into the office
for papers during the eouversation; the witness had di--
dined on the cants (lay what was told hint in confidence.-
114gei s had been a bankrupt :UMW years ego ; the witness
had bought a lease of hiin, and paid a intall imps oved rent of
2.5 guineas to him; bet the remainder, 2101, he paid to other
persons. lie did not know that Popkill's brother bad pre-
sented the two bills fir ,501. on be haired :Rodent'.

Geo' ge Duke produced the ea so for Intl. liht. 3d. tinder
which the plaintiff had been urreried on the latio•of March.

George Wilson. the officer, proved the caption. Rogers
admitted that lOU guineas of the debt was for money lent;
but he added that he had been mad^ a bank ruptsince.
Mr. Henry Holditch and Mr. Searle proved the various
proceedings with regard to the summonse.-, to the application
to the Court of King's Rend', and to the award of Mr. Reader,
which was proved by Mr. Roe, that gentleman's clerk.
Mr. Searle, on cross-examination, admitted that the arbi.
trator Rogets had etatnl that •he WA been indebted to the
defendant behre Isis bankruptcy, and that he (Rogers) bought
the stamp for the warrant of attorney. The billed the wit-
nest atuonnted toll4l.

pletintitf's ease having closed, Mr. Topping, for the
defendant, took an objection to the form of the ac►ion, con-
tending that as the writ on which the plaintiff had been al.
rested had not beets bet aside, trespass vi et ormis would not
lie.

Mr. Justice Abbott was decidedly of a contrary
The defendant had aot pleaded the writ as ayastification,
only generally not guilty. It appeared by the award Unlit
was directed to lie set aside.

ft.. Topping submitted that the defendant had had nothing
to do with the arrest; he had nit rely put the writ into the
band of the utfieer ; and it had been settled that a plaintiff
was not liable for fal•e imprisonment, unless he wa► actually
present at the arrnt at' the part•.
Mr. Justice Abbott.—.lle is uut liable fur any irregularity
by the officer, but ibe is liable for the act of arrest, if it be
. .

311r.'foppii,K then eddressed Itintself tc tbe jory, contpoiling
that all the facts were not and could not be name ikon, and
regretting that the arbitrator had on thant;ltt lit to ZiVe mis
directions whether the present action -hottlil lie !nought. ffe
agreed that Mr. Kelty's evidence, the chief _toned for im-
puting malice, wa. not credible; or, at all cvcots, that he had
broken the confident e reposed in him by the fief, ndant, to
hom lie came for advice.

Mr. Justice Abbott, in summing np, went throneli the les-
thuony ; his Lordship did not see any reason for ru fusing cre-
dit to Jr. Kdty, a respectable tradesman ; it did nut appear
that he had violated any confidence ; he had not sought it—
ouly after the defendant had shown him the Writ, lie said that
he relied upon him not to mention it again, hot no promise
WAS given. It was much more pi obahlc that the defendant
had vpaken imprudently, than that the o itm ss had swoon
untruly. It appeared, that the had been unjustly
confined for seven or eight days, iboug:, Mr. I,opkin, with
perfect security to his own claim (if lie hail had any), might
see released hiss ow the third. Under-these circumstances,
t was peculiarly the province of the jury to assign reasonable
and to eumpeusatinu to the party fur the injury be had
received.

The jary consnlted for a few minutes, and found a verdict
for the plaintiff-1)&1)1am 8441.
It was admitted on all hands in the conrse of the proceeding.
that the 1811. I2s. 34., deposited in the hands of the Sheriff,
had !wen repaid to the plaintiff, with coals, according to the
award of Me. Reader.

THURSDAY.

CURREY AN:11 oTHEns V. wirdmir.

The plaintiff's, who reside near Thirst.. in York%hire, brought
the present action to recover from the deti•udaut, proprietor
of the Glasgow Mail, the soon of i.M01., being the value of a
parcel introsied to his servants, and for %hick they had in ver
accounted. The short facts plowed were the following:—
The plaintiffs being de.iruns of sciiiiing 2001. to London, ad.
dressed to Me.•r.. Smith of Bow-lane, went to Me.e.r.. Brit.
ion mill Co. the bankers at Ripon. (►n making Ihe necessary
deposit, a ti r. Robinson, clerk 141 Button and Co., put tip in
a parcel 1601. pound in one poniot, :sod tot. in two pound
Bank of England note•. Ile addressed them as directed by
the plaint ills, and canted them to Mr. Far; ar. the post•master
at Ripon, stating that it was a packet of sable, and tegn••sting
that he would send his boy with it to linruinglo.bridge, that
it might go by the Glasgow mail, parcels for which were
hooked at the Crown-inn. Fa agreed to send big boy.
but 'dosed to be answerable for the safely of the parcel
Robinson answered, that that was not st matter .of
doubt ; and the boy, named Sturdy, took it accordingly
to Stint's, the Crutvu•inn at Borough-bridge, where lee
'paid 2d. for booking, and ?a. thi. fur the carriage. The
package arrived in London, but was there stolen by a cleik
of the defendant, at whose lodgings the envelope was found.
These particulars wcte prayed by Robinson, Farrar, cud
the buy Sturdy, called on tilt' part 1/f the plaintiffs.
Mr. Scailett, who wa♦ for the deti•n•lant, cross-eaan►ined
them, as to their knowledge that a Retire nas posted in the
coach-office at Rurouglibi bilge, that the proprietors would
not he responsible fur any parcels delivered to their cart•
above the value or finless limited 'Accordingly. itultiosou
Admitted that he had heard iif the existence of suck a noilee
in general, but nut as applied to the Glasgow mail in par.
tieolat. Fat rim was nut ainpiaitite4l with it; and Sturdy,
the hay, .gore that be had seen none in the other, though it
was admitted on all hands that it wits pasted against the wal
in large chararters. tie had never said that he hail seen
such a :moire, but ha had observed it since the loss of the
parcel in questi:m.
Mr. Scarlett, in his address to the jury. argned, that it was
to be pre.nmed Ilan the agents of the pima; itts were acquaint-
ed with the existence of the notice. The object of Sending
parcels like this by coaches was to avoid heavy postage,
whack as. ehai gel upon every single note; and if parties, fur
the sake of saving a little n ttttt ey, chose to run the risk, they
must *bide by the consequence..

Mr. Justice Abbott, in slimming np, observed, that the
object of these no:ires by card, rs was to do assay jib their
common law :iability ; hot they woohl still or • espottsible,
unless it wen. shown that the notiee had come home to the
knowledge of the party transmitting. It Use jury found that
that knowledge es isle in the present e.tsr, eit het to the pLert.
tab., which was not contended, or in the agents they lied rm.
ployed to take the parcel to the euacit others, they would tied
a verdict ter the defendant.
The Jury deliberated for vent time,and at leugth returned
a veidiet for the plaintitii,2ool.

r JULY 6.

counT OF EXCHEQUER.
THE ATTORNEY GENERAL v. COATE‘.
Mr. Danncey stated, that this was a prosecution com-
menced at the instance of the Commissioners of Stumps
against the defendant, who is a printer at Wirksa ot th, in
' Derbyshire, for the recovery of two penalties of 101. each.
far selling unstamped Almanacks. and of the sum of if. Jos.
being the anlibont of stamp duty upon a quantity of minujiark,
printed by the defendant upon umilamped paper.
That lite Co 1111 l dssiOncrs of Stamps had great reason to
believe that very extensive hands had been eonaviited upon
the Alwaerack Unty of late years ; that the present defendar t
was suspected of having been concerned in these !mullet,*
for many scars past ; and that the offence would be satisfacto-
rily proved by the witnesses wlwot he. should 110 W call.
J. Meabur stated, that he was a shoemaker residing at
Mapleton, in Dra byshire; lie went by J. Potter's desire to
Wirksa or* on the 23d of November last, and purchased
three quire of shim, (a cant word for unstaniped Abnatiacks).
of J. Coates, and paid him Is. 2d. per quire; he a tilt again
on the 2d of December, and purchased three glares mole ;
and again on the 9111 of 1)m:1.mb( r, and purclia,ed three
gni, es more: the Abetanack is called •, Pubis's Watt h;" he
delis ered the whole of the Almanacks to J. Potter.
J. Potter, (a Stationer residing at Ashbontne, and as
Agent of the Stationer's Company in London, aho arc ma.
terially interested in the suppression of this species of fraud
stated, that the unstamped Almanacks produced were those
which were di livered to hint by the last a itness.
The Chief Earon said, that the ease way clearly made cut,
And the Jury found a verdict for the penalties, slid the amount
of duty,

BOARD or EXCITE, JULY 1.
KING V. Glt
The defendant is a brewer, residing hear Watling-street.—
On the Itst of Nlac, he was detected by W. Ito, er, an officer.
using some liquid, tine the imipove of giving his beer a high
colour. Theie was a quantity of the liquid found, and it was
stated to lie burnt sugar mixed with molasses.
In the delilice it appeared, that he had not long followed
the trade, as lie had been a brewer only one year He said,
that lie was ignorant of being liable to a penalty in conse-
quence et' using such liquids. He was convicted under a
penalty of 31.

JVI,Y 6

FOLIC E.

GUILDH i LL.

H. Walker and J. Robert, were charged, the former with
sle.tlic.o•, and the latter with reeeiving, gotautitity of cloths
and other at licks, the property of Mr. wholesale
dealer, in Nlooonforol's court, Milk-sheet. Turnpenuy, au offi-
cer, stated, that he was employed to watch the conduct of the
prisoner, who was the prosecutor's porter. On Saturday he
saw him leave ilea warehouse with a large package, and fol.
towed him some distance ; when the prisoner, observing hint,
ran 44. Wiouess, however, traced Ilion to it public house in
Moor-lane, w Item he took him into custody, and proceeded to
the house of Robert', in New•conrt, Miele he wits informed
the property was deposited. Witness desired 31rs. Roberts
to produce the property, and site at first denied having any;
bat on being threatened, she directed him to smite drawers,
where lie found goods to a considerable autumn. Roberts
ensuing in, lie took hint with Walker to the Cusupter. Mr.
Thomas said lie hall reason to believe that%Valker had for some
time been carrying on these depredations ; and the prisoners
were remanded.