The Sun.
London, England, 1808-05-06 00:00:00

ASSAULT AND TRESPASS.

Mr. Jeavts moved' to set aside the verdia obtain-
ed for the Plaintiff, in a case entitled Hertford v.
Godwin and others, tried at Gloucester. before 'Mr.-
Justice Chambre, upon the ground of excessive da-
mages. it appeared that the 'Plaintiff was riding
'through Chipping Sodbury, on a Sunday, in liquor,
and a disturbance took place, in consetplence of
some hogs making game of him. The Defendant,
Godwin, who was a parish officer, left his home,
and went to seek a constable to take the. Plaintiff up;
but by the time he returned, the Plaintiff had passed
nut of that parish into the'next, and had reached his
.ott house, from the window of which he was &tr.
ing the mob. The Defendant, the constable, .and
two assistants, forced the Plaintiff's door ciff, the
hinges, and entered hill house, secure& hirn, 'and
carried him before a Magistrate. For this stretch
of authority, and die '"violences attached to the
Jury gave 401. tie/gages, which Mr. Jervis n
tended was excessive., sr,l
Lord ELGENnouovali said, he was not prepared to
say the Jury had given too mush, nor could he see
any thing so extravagant in the conclusion to vacate
wiait they had done. The Defendant had forced
the Plaintiff's 'door of the hinges, and had forcibly
c:nlied him before a Magistrate. The Jur were a
deal better judges of the individual's &hip,
the injury he, at, Suffered, than he !id his
tri CiQt• 'could,be, sitting 1n the place tlity lie
I,,,rtfore thought .the yerdiot should not. be

L ONDON j. Printed
. Att4ke tiV 14-OP]

tURDI7 V.

The Court concurred, and the nett trial was< re • ,
iused.
The KINQ V. Dom) was it oif in 'consequence
of* l'he indisposition. or Mr. Serjeant }11:51', thC
rule for filing an information against Sir Christopher.
Hawkins was made absolute, no Cathie being stiewn
to the contrary. .

COURT OF COMMON PLEAS, MAY S.

This WAS an thion brought by the Plaintiff', against
the Defeudent, for wilfully and fraudulently- mis-
stating rod Misrepresenting the profits of a business
that ba._4ad sold to the Plaintiff, _

Mr. Serjeant. SHEPHERD opened the case, and
stated, that the Plaintiff was a chair-maker ; on
an. advertisement in a newspaper, setting
fofth that there was a valuable newspaper-walk to
.lie'disposed of, at the rate of the amount of One
yezir's profit, the Plaintiff applied to the Defendant,
according to the direttions in the advertisement. The
Defendant was a Newsman, a person that serves
the newspapers. He purchases from the newspaper-
proprietors, and they allow him a small profits The
Defendant delivered him a statement of the profits;
which amounted, according to that statement. to,
51.135. per week; the Plaintiff became the purchaser,
and paid 2901. In the first week the Plaintiffieundout
the profits did not amount to more than 31. a week ;
he would produce the statement given at the time of.
the sale, and several persons whose names were
mentioned in that statement, as paying particular
sums, who would inform the Jury it was a complete
exaggeration; that the sums they pet were mach
less than the Defendant represented ; he would
examine tbem with the Defendant's statement,. and'
the, Jury, would immediately perceive the fraud.
He then called eve Witnesses, who deposed they
only paid nine-pence a week for each paper, except
they were dirtied or torn, in which case they paid
the full value of the Papers, It was stated in the
account, that Mr. William Salmon received two
,papers each day.„; on his examination he said that
Pond served him with a paper in the morning, which
he took away after three or four Hours, and in the
evening he sent it to his brother in the country,
they each paid him throe-pence per day. Here clos-
ed the Plaintiff's case. •

Mr. Serjeant Buns being much indisposed, was
allowed by the Court to sit during the time he was
addressing the Jury; he said, this was the third
action that had been brought against his Client, by
the Plaintiff; it was not the at of the Plaintiff, but
it was a combination of.newstnen, who wanted .to
ruin his Client. He then &hewed to the Jury, that
by the very statement given to the Plaintiff by the
tletendant, the very circumstances mentioned by
the witnesses were set forth under. the column of
ft return papers." There was not a single charge
wade out against the Defendant, except the =s-
lake of the twe papers to Mr. Salmon. .•
Sir J+Nes MAWSPIELD observed, that if he had
looked into the statement at first, he would not have
allowod the ailioa to have stood a moment, for It
was altogether an unlaWful business ;—the profits
were to arise from hiring newspapers out to be read ;
the law forbad that, and very properly ; for news-
papers were a source of revenue ; they were stamp-
ed ; and it 313( people were to be accotninoclated
with one paper,it would be injuring the revenue.
The Jury save a Verdi& for the Defendant.

COURT OF E%CHkQUER, NA., 3.

TKY 2.21161). VIE REV. .1: CLAY AND GRANTIIAI,I,

*ssicriTE2s Op it. AtARUIS.

31170111 i iit •. 114CD0014LD ♦MD A SPECIAL JURY.

The whole of to-day was occupied with this
The object of it was to sustain the proceed-
. ins under a writ of extent issued against Robert
rris, an Attorney, of Louth, in the county of
Lincoln. Marris's property had been seized under
this extent; the Defendants Clay and Oratttl!alu set
up a dalm as Assignees of the bankrupt. The i
only point tried was the validity of the commission.
The fads of this ease 'appeared to be, that Marris,
who was one of 'those banking adventurera which
infest almost every market town in the kingdom,
had, under various pretences, obtained near 14,0001.-
in the course of five or six months, from John
Simpson, Esq. an opulent and respedable.merchantT
is the 'city, but who principally resided in
neighbourbOod. To recover this sum Mr. S. (being
a returner of King's money) had obtained all extent
in aid. In order to defeat this, Marris had conco&-:
ed a commission of bankruptcy with one Tharratt,
a butcher at Lomb, whom lie prevailed upon to be.
come petitioning creditor. A. pteconcerted a6t of
.bankruptcy was committed by the denial of Marris;
and it appeared evidence that Tharratt was with
Marris at his house When this denial took place.
It appeared by the evidence of Wm. Goy and W;
Margin, two of Marris's ckrksl that in order to
make such a debt in' the books of Marris as might
support a commission, the bankrupt and Tharratt
opened an account in his ledger, which was made
to commence with trausadions so fay . back, as the ,
year 1,804. Theprincipal,objeaions to which were,
that 2001. was a - present for not ,completing some.
bargain for a lease, an ()Mission of .t tut. which was'
proved to have been paid Tharratt by the bankrupt
and not entered to his debit, and several other
sums of less note, by which it was contended that
Tharratt was, in fa6t,• a debtor to. Marris, instead of
being a creditor. Upon the examination of these
Witnesses, it was sworn that, in the year t spa, Mitt.;
ris purchased an estate ot, Tharratt.for 7401. that he
executed the necessary writings, and alit) a receipt
for the consideratioti-money, without any payment
or acknowledgment -whatever from, Marrts, other
than a verbal promise, on the part of Marris to give
Tharratt credit in his books for the saree,tand that
this wait on till just before the bankrUptcy, wow,•
Tharratt became uneasy, and desired a settlement,
at which period, for the first lime, an entry .was-
made of the transaaion in the books of the hank,
rupt. In order to strengthen this-evidence, -there
was an allowance forabort measure in, the land of
so!. ft elope out, upon cross-examination, that
this account not being satiafatiary to Marti's, another
was ereied, in which 800. was the considerations.
money ; and to make the ultimate balaece of both
accounts agree, it appeared that the short nieasure
was now valued at JOUL This, account wit; dated
'BO7 ; and, upon examination, th‘g f
act,;(); :at

['by RICH A R ft ELI it it 1111;of No. 4, Minktt-ovAri, tio,,v„wcet
view No. i J,w, straud ; where //duel tisci;zents, On/ors

repeated to- Imo:: been .Altered for lees to tee/..---
The estate was left in the occupation 'of Tharratt till
a short time before the bankruptcy, but no rent'
was paid. It came out (notwithstanding this sum
which had so many years been owilig-to Tharratt)
that he fregoently borrowed sums of 201. and 301.
from MArris, for whichhe gave his notes of hand,
paid interest, and wits charged the stamps'. - The suns
of t tot. was priVti to have been paid. Tharratt by
Defendant- on Sir. Simpson, and these were regu-
larly' entered to Tharrates debit in Martin cash
beak, but not introduced into the ledger; this was
explained as having been omitted, because Tharratt
was said to hav4 given cash notes for these drafts,
but it appeared that only the day before an exchange
of sixty guineas in cash notes of one bank, for sixty
guinea: at cash notes of another bank, had been the
olOjeEt of a particular entry. It came out at length,
that this account was altogether formed upon.the
instntilions given.by Marris and 'Narrate to Marris's
Clerk, after he had ckdered an assignment of his
effeets lobe prepared, i• and they further deposed,.
that upon such settletpent,all the vouchers were de-
stroyed. It appeared, on. the cross-examination of
these 'witnesses, that iheaccoutit was really made up,
On the 31st of 'August,. the day upon which the a& of
bankruptcy was said to have been committed. We
bave seldom heard a more able examination of two
costive witnesses than upon this occasion,-and if we
'sometimes felt much for their unhappy sitintlion,
we felt more for the cause of justice and honeisly.—e
The Chief Aaron summed up ties evidence im his
~ usual neat and.perspicuons manner, leay.ing it to the
Jury to determine, by their veklia, whether such
transactions, supported. by stesli 'evidence, could
have any other foundation thath fraud, and he very
pointedly observed, it was' foikmate for the honest
I part of the community, that when men set about to
hatch fraud or mischief, they generally left some
part of the imposition impetfefd, so that their fUlly
coianteraCted their fraud, mid led to detection; that,
for . his own part, he confildered the present as a
contrivance very badly ex,eceted," for it left all the
objeCtions to it, which were so obvious, without
the possibility of explanation. He concluded an
excellent charge, with saying that, if the Jury could
believe the evidence sugh as it was, there must be
due to Tharratt such a balance as would support the
commission if, on the contrary, they believed, as
herlid, that iewas a mere fabrication, for this par-
ticular purpose, they would find for the Crown.
The JUry immediately returned a verdict fur the
Crown,

Political transatlions occupy the attention of men
to Enoch more than natural events, that one or two
occurrences have recently taken place on the gonti,
• dent, which at another time would have eAcited
much notice, end, have new passed OrtUbserVgd..-
A4ollt the beginning of Mast month, an earthquake
desolated, a number of villages in Piedmont, and
other parts of Italy ; churches • were thrown dawn,
and a vast hilmber of houses destroyed, cattle lost,
Am At the Janie time not a less tremendous cala-
mity occurred in several parts of Hanover, Brima.-
wick, sitc. where a very destru&ive flood rose. The
• accounts from Drunswick are pitiable bridges were •
carried away by the force of the rivers, and corpses
forced out of the graves, whole streets ruined,
and from the suddenness of the swell, great (loan,
thief; of furnitese and valuable C nmodities lost.
Whole distries have been !std under Water* and the
post-communication with the South of Qermany in-
terrupted.
Six french fishermen were sent on. Monday into
Dover, and have since been put on board the guard-
ship in the Downs. They belong to Calais, and
were taken at night going close along shore, by a
boat which put off from one Of oar ornisers, end
cut them off. Some of them are very: well known
in. Dover, having been formerly. employed in the ,
?usage trade between that .place and ,Calais.—
prey represent provisions of every kind as very
,cheap in France,,-but... difficult 'to-purchase, on ac-
-count of the extraordinary scarcity of money, . The
distress among the people of their own description
they. describe -as very great, and 'acknowledged, •
that for the continuance of the War, the source, of
all their sufferings, .their own Government was to
blame, We may well doubt, however, the sin-
verity etf tilts last admission. At Calais they would
hold a different lanvige.
GuLt-EY AND Gasamow.—The match betweffif,:
these champions, which' trutiv, made six months. ago,i,
and which has excited mart,: . :ixicty than per WK'
even the Combat, 'ifs r•'.itufson and Big Ben, end
Broughton and Slack, in their days, will be decided,
next Tuesday. :It is a fad notorious, that thereis,
more money pending on the issue than has ever
been known on any battle, in these times, or on any.
other sporting event. There are four sporting men
whet have booked bets to the amount of 50001.
Yastenlay morning, aboot half. Past two o'clock{
the cofinting-house of Messrs. Bonnv and Co. in
Baguio- court, Newgatc-street, was broke open and
robbed of a large piantity of halfpence, end several
blank checks on Bankers, The thieves eifeded
their eseaps, , •
On Wednesday 1101qm:ton' as, a qentleman was
walking boy the aide of a pond at Thames 4it-
tun, Surrey, he observed something4loating, which,
with the alsistance Ot his servant, was brought on
shore, whet t it was found to be the body of au infant,
fastened in ;a Mat, and in its enputliVas found a wo-
man's husivile, with needles in it. The body .was
supposed to
.have been in the Water several days,' it
being in npotrid state. It was taken to the Georga
poblic-house, where an Inquest washed, *lien the
Jury returnecl a verdid of wilful murder against ;
some person or persons unknown. ,
Last Monday a farrier taf the first regiment ofDra-
goon Gime*, stationed in Newirk barracks,•,m-
ured.to the privy • of a pnblic.honse, 'where hetivad,'
pectLciriolting, mod cut his throat, but had no sooner.
committed the' rash aa; than be betrayed syrup,
tonprof repents nee, by 9uitting his retirement, and
,calling to a matt hard by, to observe how his nose'
bled, which he.tittered to be undertfoOd, allhangh
big wind-pipe-wAs severed. After 131E114 a.ieW
paces lie drape d,- ppon which assistance was called,'
when he was.. taken .to the barracks, where 'tfWH
wound-0/as- sewed ap, 'and fie' now lies in a i6ji 445,
of doing wall. • 4. fie ,
MG teliNtmii DGV TO-1504).
ItOw. •-:

htotning, :I min, aft,N. tr, 1 Afternoon, 0 min. a rte It.

published by ‘,.` ILI:A .4 4:441.4.: tit sraC i rts., qf South Multou.strect, crusrenor-ssuaret
Nl' the Pqpor, 01,13 fg,t Edigur, must be 40r *e:4: