The Sun.
London, England, 1806-07-18 00:00:00

but it was by no means Mr..14,4404's wida to. de-
Vp the work, nor woithi-lt b6-hissirrterest to do su..
The DefendantrhavinglrefrZlost4 his case, §.er--
jeant VAnaltAN; for the. Plaintiff,: Stared,- that it
would be necessary for him-total other .W.it nesses:s.
and having obtainedileavefrom the Court;
Mr. Day, the Secretary to the Imperial InSur-,
ance-.Office; was eseniiined.' H•edejilaSed; that• Mrs
secures . Gillet iiill iw madefAielaiiri for Wool.. •After.the
I s
On -cross-examination by Serjeaut V,sudsLisi, on' I fire, :he fonnd that
.aitentryshad ,tteen-anade-tin the
the part of the Plaintiff-, the ;Witness acknowledged books of the proposed
,insurance, and that a deposit
that he did not know the subject Mr: Mawrnan :Ina , of '5l, had been_ lodged. He,did not think Mr. Gil-
Mr. Gillet were ,conversing On WhO the last men- let ever made a claim for gaads'in--trust.- .
tioued words were used. Mr. Gillet, he said, .had The LORD CHIEF JUSTICE•aSked what the objet
frequently pressed him .for copy; 'Previous to No- of this evidence. was ? - .
vember, and before 3he said he wished to in'clude' I Mrs Si'ejeant A.riStSdittos- Said, to contradid ,the
Anachersis in that year's• account. He knew Mrs 1 evidence on the part of the Defendant. •••
Gillet had printed Laing History of Scotlsold for The LORD CHIEF. JubTictialth there could he no
Mr. Mawiflan some time before-,
.but he did not. contradiCtion, .as Mr. Bonsor bad not said that the
know. that Mr. Mawmail had buri)Osely .kept it-1 Defendant had put in a written. clams. ".. • - ' : •
: .
back, to prevent Mr. Gillet froM 'charging it in that 'Mr. Day, in continuation, said, that he had told
year's bill; he, however, believed he 7heard the 1 Mr. Gillet, his deposit was.So Small; the claim could.-
Plaintiffcomplain, thatAnacharSis waskept back for I not be allowed; and the reasoniMr..Gillet gave,fox
a similar purpose. In the conversation' he had be- not specifying the sum he meant to insure for was;
fore spoken of between Mr. Beaumont and the Plain- . • that be was about to purchase other premise's and
tiff, he reisolleCted that the :latter of to procure_ new furniture; ,his deposit :therefore was taken fora il
a person for Mr. Beaumont, 'free of expellee, wile) few days. Five thousand poundasAad been paid by !
Was accustomed, to make upindexes,.and who might i the Company to mr. Gillet, not as a matter of right,
assist him in getting it -on quick. There were, a but in consequence of-his great losses; they referred ,
great .maay notes, by Mr. Beaumont, to the iv(*irk ; the, 'matter to three:Merchants, two of whom were:'
:but he could not tell how many pages they would nominated by Mr. Gillet, and- they agreed on the'
.:
-occupy, whether they would -Occupy six or not, -or" , sum of 'i.)001. whiCh was paid. ' - - • , -:.
whether 41. 19.5. (4 Vra• the only charge made for . The printed paper, containing -the resolutions of
them. Mr.-Beatamont, he was a\vare-, was furnish- the boeksellerS, which :insisted on the liability of
ed with the proof sheets, and also With an entire printers for goodS committed to their care ; iind-silSo :
copy 5- and he understood the, work now stoo:1 still a resolution of the printei-S, refusing to become -re:,-
for want of a title. The NStktnesS did not know that sponsible, • were then put in and read, being first
Mr. Gillet told Mr. MaWman lie would not lie re-. • pri)ved,to have been delivered at of the
sponsible for woks in his bands. . s - Defendant: • 'l' '-• ' --:' '-. .- ' •
.. Mr. stockdale deposed, that he was 34 years in,
Serjeant VssuanAN then called upon the Defend- M-
and `hat he had known many instances of
ant to produce a printed paper served on him by or- ,
- fire, where the Printer was not • called on; and he,
der of the Printers, being a resolution entered into
for his part, always insured his works, without let
by them, in answer to some resolutions of the Book- '
sellers. The. Defendant's Counsel having stated that tiny the Printers know: He allowed it was generally
no such paper could be found, Serjeant Nr%IIIIIAINT.' said by Printers, tint they insured so as:to cover the
of
,property in their possession ; but, Whenever any of
produced a printed paper, purporting to be a copy
their houses happened to be burned, the contrary ap-
it ; but the Witness declared he bad no positive - .
knowledge that stadia paper bad been served, though geared to be the fad. • Before Hamilton's
.fire, he
he had a faint recolleaion of haying beard that one trusted to the wordS of the Printers, but, since that
time he has constantly insured; 'and he was con-
to that effect Was left at Mr. Mawman's house. He
vinced that ever)? Bookseller would, for the future,
admitted he had heard from the Defendant, that re-
solutions and counter-resolution's of the Printers and ' • follow. his example;
Mr. Beesley deposed much to the same effect, and
Booksellers had been circulated ; but he totally de- Bible, and Bow
:
Hied - having easer heard. him admit fiat the Printers' mentioned two workSs Macklin
Hied's
yer's History of . England) which had- been insured
would not consent to be answerable for the property
by the Proprietors. '. ' • _
committed to their charge. ' .
Serjeant VAUGIIAN" was about -to call other -wit--
On re-examination_ by Serjeant SHEPHERD, l'se '
nesses to the same point, but the LORD CHIEF Ju's-
said, Mr. MaWman never- had desired the work to
ricE said, in his opinion, it was unnecessary'.
'be kept back: The. work .is a translation from the
'Theesidence was then closed ; and Serje-ant-SnEr-
. French, and he understood that, exclusive of the
man, in a short sp-eech; observed on the evidence:
notes,. there Were many alterations made by Mr..
He said it could not be a matter of wonder that'the
Beaumont in the original translation, some of which
Defendant,: who was only six years in businesS,, i
be had himself seen. • should not be up to the tricks of the Printers, when .1
Richard Newby, an apprentice to Mr. Mawbassa„
Mr. Stockdale, who had been thirty-tour years -As
remembered Mr. Gillet being at his master's house,
Novena- Bookseller, had trusted to them till withinctbese
shortly before the fire, which happened in .
few years. He desired the Jury to recoiled,. that
ber. He heard part of a conversation between him
though it might be prudent for a man., to. insure, leis:
the last witness. Mr. Gillet said he wished
, own goods, yet it did not by any means follow, that.
the work to be completed that year, for the purpose
charging it in the account of the year 1805.; and
of 1 because he trusted to the promise of his Printer, he .
should, therefore, be at such a considerable loss ;.and
as he I. r. Gillet) was going out, the Witness heard i
not only that, but be compelled to pay for untinish-
him say that the property must be at Mr. Mawman's I
ed and undelivered work. The :Learned .Serjeant:
risk after it had 'been at his warehouse one 'or two 1
then, after adverting to many other points, con-
months; but the Witness did not know from what ,
eluded by expressing his conviction of obtaining a
time.
- Joseph Bonsai-, a Stationer, living in Salisbury- verdid.• ,
.• :. s:
. . , Pi:
square, knew the Plaintiff and Defendant, and' re- , ' Mr. Serjeant VmssmAss -then addressed the. Joey:
in reply: He spoke at considerable length,• ;and
membered the fire perfectly well.; shortly after it ,
adverted to the different points in. the.:evidei=
happened, he sawlr. Mr. Mawman ; and in the course
which he conceived made in favour of hi. •-• .fetch
Of the same dayhe met Mr. Gillet in Salisbury-
He pressed' upon the -Jury the • great' hardship it
square. He told bins, that Mr. Mawman had been
would be on Mr. 'Gillet .if he was obliged to hand
to see him, that he might know the state 'of his
over the
property since the fire, adding, that .Mr. Mawman, . money. he had received for the loss of his
was very much hurt, as be understood the goods , aWn prop
a6terty ; and desired them to recolleel,
ion the Defendant succeeded, .t'that
were not insured according to promise. Mr. Gillet, iif in this here
in answer, said, that when he .made that promise, i would be Ations brought against Mr. Gillet, to three
he had several works of Mr. Masionaii's in his hands, , •
times the amount. of the- money .he-received; by
Which were -a long time since sent borne, and he 'other Booksellers. He concluded by saying, that as
the Plaintiff had takewas much care of the Defend-
therefore did not think Mr. Mawnian had any claim
on him; In another conversation he hid with Mr: , ant's property as he had of his own, he could not be
held liable'
Gillet; that gentleman told him, that he thOught • '
Lord Chief Justice MA?4SFIELD thought, that af-
Mr. Day (the Secretary to the Imperial Insurance
ter hearing the evidence of : Mr. Stockdale, and
Company) -had been his: enemy,s in consequence of
others,-- upon. the subjed'ef the custom of the trade,
sew ill language. he bad received, from him • the
there was little question upon the matter. Mit the
morning after the fire, at the House of Mr. Phillips,
real case was, if a Bookseller send paper to .a Printer,
a Bookseller in Bridge-street; but he,now proved to
which should happen to be burnt, whether. that Prin-
be his best frier d. as lie advised him to alter his
ter was bound.to pay for it or not .It 'being his duty
claim, and leave out goods in trtist,",whieh'would d 6
to take care of the paper, while in his custody,' if
away Mr:,Mawman's attachments _ Mr. Gillet then
took out of his -pocket-book, -and apparently read any misfortune happen to it, be is bound to- make
it good, however hard it may be -upon the ins
/Yew it the claim he was to deliver in to the Insur-
ance Companye. ansl, snapping his fingers, again dividual, Several Witnesses had. proved the fre-
• said, " that as he had no policy, by ounttinglgaodS 'quent applications for copy, in, order to throw the
in trust in his claim, ha do away mr.-1,/aw. blame on :•Mr. Mawnsans, but M Mr. awman could
. .
. • only send the copy as he. received. it from the Editor;
mati's attattachment.".
and if Mr. Beaumont. was to be.believeds his evi-
- On cross-examination by Mr. MARRYATT, the -.
derce completely exculpated Mr.lMawman; and
Witness said, he undersood from Mi. Gillet that he
the delay' only proCeeded from the nature the
had claimed 60001. but on the
suggestion
of Mr.
. work; and if Mr.- Gillet was' not .aware of this, he
Day, had altered it to 50°01., Being reexamined, should have inquired and- ascertained it before he,
the Witness said, be did not understand from Mr.
in a. written engaged in the undertaking i but this must haVe
Gillet that he-had, at that time,
given - been a subject in-which lie must have been perfeetly
claiin, only that.he had made 2 claim. conversant. 'This broUght it to the qbestion, wise-
' Owen Rees was called to prove a conversation he ther the Printer is responsible for the property which
had had with Mr. Gillet immediately after Mr. comes into his `possession I arid if nor,-,the. Book-
Hamilton's fire ; brit 'it appearing he was a joint seller must run a great risk-. Mr. Sfockdale has
proprietor of the paper . burned, an objeCtion was said, he was 34:years in'business, and never thought
taken,- and he was not examined. . of insuring his papei himself, until 'Hamilton's fire,
After some conversation between .the Counsel he then declared he would no longer trust kthe pro-
on both sides,'it was allowed that the quantity of • mise of the Printers, and from • this the custom of
paper delivered-was the same as that charged in the the trade• Was evident, and. the Printers held them_;
set-off. . ' ' selves. responsible; and except in the cases "of Boyj
. .
William Beaumont deposed., that he translated 1 dell's,Shakspeare, and Rowyer's History of Eng-i
the first edition of Anacharsi.s, abOut 14 years since, l land, two works of great magnitude and -expence;
and that about which he Was •now emplovedl- there was no instance to the contrary ; and the re-1
was a new French edition, revised and corrected by - solutions, of the Booksellers and Printers - left the;
the. Abbe Barthelemi himself. In the month of case just as it Was at first. Upon the
whole,l
0 February, 18, he began 'the work, which' never , therefore, lie wished the. Jury- first to consider)
was kept back by the direction of Mr. Mawman. whether Gillet did Make a promise to insure the;
The reason why there was a scarcity of copy to- paper ? and- if he adOally • made the insurance`
wards the end was, because the latter part, Consisting upon trust property, and had received the money::
of the Abb6 Barthelemi's Life, was all manuscript •as for such trust property ? If he , did do, so, he
copy, and it was impossihle he could write as fast put a Veey ' great cheat ,upon Mr. ;Mawmam---
as eight or ten men could compose. • He had also :. Something of this nature must have occurred when;
the misfortune to lose his wife, and that wLs ago Mr. Mr. Mawman,attached• the money in the Lope.;
ther reason Why he was not able to get on so quick ; I rial. Fire Office, which it wa4 natural : for him
-s.

Taw mhn'n, riert,. ,Vick 'fi re,a CMr . i 4 illl.kit 0114 A, 3'l ie.
which' h 0 -1
-inter,appeneo the yeai- 1 603, he i-
-4
c:-
i
lernht_itd perfe,atly well a long time previous to
that :I\.;:ty....Mawman hack, succeeded to Istfi; 'Dilly's
business'i and '.;trle Witness remembered dne, day
hearingl :Mr., giblet, in' a converSatiOn- with -Alr.
Mawman, say:that he might,, on. that score, rest
contented, as all his property in his ha ads was