The Sun.
London, England, 1806-02-18 00:00:00

LAW REPORT. --

COURT OF KING's BENCH, F 1.13. IS. . •
T 411, KING V. SPE NC3,:11. SAND AN OT ET% .
Mr. GARB omi stated this to be a prosecution against
Henry' Spencer and Wm. Goswel:, an indß..tenc:nt for
a misdemeanour—that of rescuing and procuring 'the
escape dal a• Man of the name of Duncan, who had
been apprehended as a deserter, and who was about
to be taken before a Magis.trate to be committed to
take his trial.by Court Martial for that, capital offence.
The case required no length 91 statement
would be provedl,by the witnesses in a few 'i,,ijords.
Mr._Knight, a Cornet in his Majesty's army, in Dec.
1804, was walking along Frith4treet, Soho, saw a
Serjeant of his regiment pursuing another, and cry-
ing out sfop sobber —stop: robber !' • The Serjeant,
whose name was Hammond, came up «ith the man,
who,was running before him, and struck him seve-
ral blo,.vs with the little stick he had, the better to
apptehend him, and he Would have secured him but
for the interference of, the_two Defendants, Whii are
Beadles of the parishOf St. Ann, and as Parish'Ofli-
cers bound to assist in apprehending any person charg-
ed in the street with a crime, instead.of which they
adcd in a manner which Would put it out of all
doubt that they caused-the rescue, ;hid procured the
escape of this' deserter, - who had been thus appre
benc:ed ; and,, but, for.:. their. interference, would;
have been secured; it would be equally out of all"
doubt that these Beadles, were not acting under any,
rnisiake by way of Preserving the peace, for if that
had been the case, they would, have taken both the
Serjeant and the deserter into &stody, and befi)re a
Magi. trate 5, but. instead of that they caused the es-
cape ot the deserter, and afterwards took. the Ser.:.
_leant into custody.; and that after theywere told re-.
peatedty that he was a deserter, and were informed
by Mr. Knight who he was, who the. Serjeant was,
and the Corporal
.of the same regiment accompanied
the Serjeant, , dressed in ftill uniform. But all thi-S-,
was of no avail;, the deserter got loose on account of
tneßeadles interfering with the Serjeant, and
the mob. (on alloccasions 'much too easily colle&ed,
and as easify inltipect agaius soldiers, especially if
they should be called crimps) cried, run, run •!'• and
away the deserter'Went, and took‘shelter in 4 neigh-
bouring house, where Mr. Knight followed, with a
View to cause the man to be apprehended. The
man -was found in the yard,' brought out into the
street, but ran away, and had no more been heard-
oft.' When Mr. Knight .retnrned to the place where
theS-eijeant and Beadles were, he found to his asto-
nishment that'they- had apprehended the-Serjeant
fora breach of the peace ; and they concluded hiin,
to' the watchhhouse, and afterwardstook him bef6re
the Magistrates,. in Marlborough-street, by wh6rm
he was of course discharged:. These fads• being •
proved, the Jury would have nothing to do bout°
pronounce the Defendants- guilty If any circuni-
stances of mitigation attended their case the proper
season 'would be when they came before the Court
for punishment.
Several witnesses were examined, Whose,evidence
went against the. Defendants.
Lord ELLENBOROUGII having summed, up the evi-
deuce, aLie pointed out the most material parts to the
attention or the Jury, left it to them taconsider whe-
ther the charge against these .Defendants, that of re-
scuing and.procuring the escape d'f a deserter after
lie was apprel:ended, was satisfa&orily made out.
The Jury found both the Defendants Guilt 2j. •
THE SING V. LAt";.

The'Defendzult WLIS COOViaed of an assault and
much Iniscondua towards 4 Gentleman of the tame
of Fletcher, ill WarclourLstreet, Soho.
Lord ELLENBORotiox observed, it concerned hiM
to set himself f,glit with his proSecutor instead of
ring brought up for judgtnent.

ROW V.• COUNT DE •WINTZ.

The former is.a taylor, the latter a Danish Noble-
man, possessed-of an estate-in Holstein, and which
he is about to' dispose of to,aivir. Judwine, a British
merchant, fur 150,0001. • The taylor had furnished
Clothe's to the 'value of t'3ol: and-had accepted a bill
the limciunt payable in six, months; hearing,
however, that the Count was going to Holstein, he
arrested him. • Lie Judge considered he had prema-
turely brought big aaion; and the Jury concurring
found a verdi& for the Count. .

MptiDAY, rEp. 17.

DUCAILIOT, ASSIGNEE OF DELI'INI, V. LORD BARRY-

MORE.

Mr. GARRoW observed, that this was a case
without defence, but that did not excuse him from
,stating the outline of it to the Jury, without which
it would not be intelligible to them, The Plaintiff
was.the-Assignee'of.the estate of Mr. Delpini, a
person whose theatrical merits had made his name
popular. He had the misfortune to become a bank-
. mupt, and the circumstances out of which this ac-
tion arose were the causes of that bankruptcy.
Mr. Delpini had been taken away from his .thea-
trical purmitg in the Metropolis, by Lord Bar-
ryinore, upon a promise of a great reward for at-
tending his Lordship's theatrical arrangements at
AVargrave, in Berkshire, and in other places, in
which. Mr. Delpini acquitted. himself with dili-
gence and skill. Great preparations were made on
these theatrical ocelasions; but as the credit of the
late: Lord Barrymore was a nonentite—as nobody
-would put a reed into his mouth, or draw the bow
of a fiddle on his account—Delpini became answer-
able to all the band, and so they had their music.
But Music alone would not do—Sonic roast-beefwa s
a necessary article, and some \Ville to feed and drench
the at-torsi—as no butcher would send in a single
steake, no wine-merchant a single glass of wine, on
the credit of that Noble Lord, Delpini, therefore,
became answerable, and ,all parties were immedi-
ately' fed. The same thingapplietl to the convivial
Virties of the Noble Lord,- and Delpini regulated all
the feasts, and became answerable for all the bills ;
for, in truth, that Noble. Lord hardly ever. carried
About hire a single guinea. All was managed by
Delpini; and all the articleg furnished for the luxury
of the Noble Lord's table, or the amusement of his
theatrical fetes, were planned, arranged, conaiiited,
,and manaed, by Delpini, who had indeed, for years,
.4 busy life of it. It was
Niung9_here—Nitulgo there—Muno every where

In this life of bustle-anti responsibility-14r. Delpi
ni became answerable for debts beyond Ins receipts,
J.
and which he was. obliged fo pay, to the amount or
:1;0001. He consequently became a bankrupt, and
this action was brought by the Assignee of his estate.
against the present Lord Barrymore, as Executor of
his late noble bthther. Mr. Delpini had obtained
his certificate, and had released all Claims on account
of the benefit to be derived to his' estate by his testi-
mony or by this verdidt, and thereibre he became a
'competent witness, and he would • prove the cor-
redness of the accounts which he had kept of his
stewardship, in a bOok Which he had kept' for that
purpose, a copy of, which had been delivered some'
months ago to the Defendant's Solicitdr, in a bill of
particulars,delivered in under a Judge's Order,so that
there was no surprize: On the 'other side, howev&,
we must take care not to take a yerdi& for more
than they were entitled to on the investigation of
the accounts, otherwiSe they would be hauled over
the'thoins of a Court of Equity, for he kneW they
were watched closely, although nobodyappeared to
oppose: them.
Mr. Delpini was. then examined,-- and he proved
the most material arts of the opening of Mr. GAR-
. ROW.

Mr. Seton, Solicitor, proved that LOrd Barrymore
had his accounts audited, and affairs'in Ireland ar-
ranged, by a person of the name of Collins, who is
dead. That the Noble Lard's affairs became greatly
complicated and. embarrassed,,l 50;0001. being taken
up and appropriated to the liquidation of his debts,
and other creditors agreed 'to -an
,arrangeinefit 'by '
which they were 'to gait for the payment of their
demands ten years. That the Noble Lord's credit
came to a stand-nd that Delpini had:aaed As a
manager of his theatriCal and some' other of his
concerns.

1 After an investigation of the accounts,' it was as-
certained that the balance in favour. of Mr. Delpini
was 4.tisol.
I Lord ELLEN BOROUGH observed,''that as ~thei:e
,%was on the,record a plea of pleize adminlstravit, and
1.- as the present. Noble Lord could Only be answerable
for the debts of his brother as his -Executor; and on
I.
account of el-reds which came to his hands in that
character, it woßld be necessary. to give some evi-
dence of assets having come into the hands of the
present Noble Lord belonging to' hiS, brOther in his
lifetime, though very stria 'or ample proof' of that
was not requisite. The former Cashier Of Messrs.
Ransom- and Co. Bankers, proved they had ,Deben-
tures belonging to his'Lordsiiip, at his death, to up-
wards 0f.20001. It was- proved
.allo,' t!]it.- the late,
Noble Lord had furniture of, great value, and race;,:
horses, &c. &c. so that the Jury, under the diree-
[ tiou of LordELLENApliotdm,forind a verd'i4t 'for the
....
1 Plaintilf--Damires4,6Bol. - '

SIIIEO,N, Pala. V. PLUNKET, ESQ.
;The Mailain- is a Master in Chancery, the De-
fendant is a Major in'the Army. This ..:vas an Ac-
tion to recover'4ol. on the Warranty ut tt horse.
Mr. GARROW, for
,thePlaintitf, stated, that the
animal in question was sold to his client by a Livery
.Stable-keeper of the name. Of Neighbour, -with the
authority of the Defendant, under a warranty of
soundness. The hor-.6 was taken home the stable'
of Mr. Simeon., and the next goy w. ,d. gently trotted
a few miles. Upon liis return the beast_ was
tremely lame, and the • limb being exantined, the
fetlock joint appeared to be. Mtieli
,swelled. The
Learned Counsel would call witnesses of unques-
tionable skill, who .wo'uld prove that the swelling
was not occasioned by% any recent injury s.but that,
on the contrary, the disezge was of eonsiderAde
,•
duration.
Cilleman, an .eminent Veteritiary • Suirgeon,
was then Called , he said the lameciess proce'ed'ed"
from a callOus,:Which originated in a strain.. I.
part injured in its comMencemeacwas , swelled, yet
soft to the touch; but at a more advanced period
the tumour became indurated, till at. last it waS
reduced to a state of ossification. The horse in
question;appeared to have received the injury at a
distant petit d.
-Mr. Hail; a Member of theAreterinary College,
was likewie caled, who deposed tp the, same effect~.
Mr. PAsKe, for the Defendant; contended, that
the Plaintiff had no right to recover; 23 he had. not
returned tLe horse as soon as he discovered' the
lameness. He said, that even supposing the ani-
mal-had been returned sooner, yet Mr. Simeon' could
not be entitled to the verdia of the Jury, because,
While 'it was in the Plaintiff 'spossession, the horse
had fallen, 'and had then received the injury com,
plained of. The Learned Connsel would preclude all
uncertainty, by proving, that before the sale the ani-
mal was perfectly sound, and therefore that Major
'Plunket was entitled to the verdi&.
Lord ELLENBOROUGH summed up the evidence to
• the Jury at great length, and stated the simple ques-
tion for their consideration, to be, whether the horse
-had 'received the injury which occasioned his lame-
ness before or after the sale to the Plaintiff?
The Jury retired for about half an hour, and gave
a verdia for the Plaintiff—Damages 301.

R. HAWKINS, V. D. BOOLE FRENCH, ESQ. AND J.

COOK, ESQ.

The Plaintiff was a Clerk in the service of Mr.
Bishop, a relation, by marriage, of Mr. French; the.
Defendants are merchants, and joint trustees under
a deed of trust of the said 11r. Bishop.
Mr. PAR KE; for the Plaintiff, said, that 11/Ir.
Fiench . was well 'known- as a Gentleman of great
consideration in the City ; but in respe& to thus
claim he had not adted with the liberality that was
suited to. his chara&er. The affairs of Mr. Bishop,
an Attorney,: were deranged the Defendants were
trustees to a deed. for the benefit of his creditors ;
and Mr. Hawkins, who had been employed for se-
veral years by Mr. Bishop; .was, ih January 1805,
engaged for the purpose of.: this tmst by the lie-
feadants-.. For his salary, andsonle small advances,
4.31. 1.55.'.81- was the moderaw demand.
Mr. 'Bishop .deposed . to the attendance of the
Plaintiff, on .this duty, for tlitree months,. but did
not carry,the proof furthef.---.on ills cross-exarnina-
-lion by' Mr. GAR ROW, he said -the clerk was not
employed in preparing manuscripts
.for publication
against the reputation of Mr. French ; and a pam-
phlet. put into his hand, he said, vas written previ-
ous to the deed of trust. Onofiefing to suggest the
view in which he contemplated the,motives• of Mr.
French, uncfet strong' symptoms of "agitation, tilt
Learned Cocnsel stoppei him, by. ob.,,erving, that

,frofn tie tnaliffr of Thilt: paifiptleeht should 4e6k no
coistruEtiOns on the motives. of Mr. French.
i•Tr. GARROW, reply to the evidence for the
Plaintiff, said, that nothing had been proved.to shew-,
in any one instance, that Hawkins had been:em-
ployed under the or4rs.of the Defendants ; that this
Was, in flu% the cause of Mr. Bishop, who wished
to,egiose his hOnourable relatron in a public Court
of: Justice, although he himself appeared in the de-
rogatory condition of
_a Bankrupt and a•Prisoner, in
the Fleet. ,
- -

.Mr. Bishop (interrupting the Counsel), " My
Lord. I ani neither the one nor the bther.:'-- •
•Lord ELLEN BO ROLT GH said—". According to
.the
evidence of his late Master, the man, has, been ern-
ployed by' the trustees from January to April, 1805.
The trust deed -has a clause,
,by Nthich the... Defen-
dants are authorized to pay, salaries to'clerks; ..and it
would, according to the lights I have, be an ael 'of
injustice to send the Plaintiff' to his insolvent' mbster
for payment.'Verdia for dia.-Mail-16ff, 1.51.,168.

•
.81 117 3 7'6o'
611 Tuestlay die iffh'lns-C. 'at hice Q+bdri'-street,
Edinburgh, the Right Lion. ttre entrntes:s of 1.,,n,10n and
‘th,s- I.afely delilturecipt

On _Thursday morning, at-4
.laslow, Lady Linct
,
of a Dtmghter. • of 1 :

On Sunday last, at her house in St. iaines's:place, the
Lads' of Hastings Isla!haniel Ylid(!ktrin, V.sq.:Tv'a Daughter.
Tbe saAletty;in Qucen-lo,•,}Arer Nlrs—ilortop,.of a Daugh-
ter..,.:.,