The Sun.
London, England, 1801-12-16 00:00:00

NEWBELL 2': ASLIN:

. Mr. IARIt, on the part of the Plait stated,
that this was,an Aetion brought for the small Sum
of 41. the payment of which, he said, was most um-
righteously and shabbily resisted. The Defendant
was stated to him to be a Man, of Fortune, who had
a farm of his Own once, of the yearly value of 1501.
which he had disposed of fora full consideration, for
his own convenience. The Learned Counsel added,
that the Defendant held also a Place in a Public
Office, of considerable trust and etnolurrient ; kept
his carriage, &c. soasted that he could. do so, , be.
Cause he had parted from his Wife; whotii lie had
driven from him, it was said, by his cruelty to-
wards her ; that she being thus driven off ftsm her
husband, upon a small alloWance, agreed upon be-
tween them, became much distressed, and the Plain-
tiff in this Auion, a poor widow, gave bet credit fiir
Bread to keep her from perishing by want, and this
was the demand which the Defendant chose to re-
sist, alledging, that be was bound for nothing more
than the Sum he agreed to allow to his wife.

Lord K E NYON.:--" And which allowance puts a
final end to this Case."

Mr. PARK said, he could easily prove that this
Bread was furnished to the Plaintiff's wife from
absolute necessity, to save her from the extremity
of want.

Lord KENYON.,--" We must not break through
the rules of Law to suit the altedged Or supposed
hardship of a particular Case. The rule in this
Case is a plain one, and was settled long ago in ‘a
well known Case : ' Where a woman cohabits with
ber husband, and he turns her out.of-doors, or makes
itimpur,ible for her to live with hitn, and she con.
tracls debts, the husband is liable to pay,. up.to the
event'of his degree in life, for those things which
are absolutely necessary for his wife so circunk-
staneed. But if she goes from him and commits
Adultery, he is answerable for nothing on her ac-
count. If the husband and wife separate from each
other by agreement, the husband is not answerable
for the debts which hisi wife contraas. The agree-
ment is a voluntary agreement between the Parties,

the propriety of whiat nobody has a right to eines-
tion, because it is a anatter beween thernselires.'
God knows where we shoUld go if third Parties were
allowed to judge whether the allowence is sufficient
or not."

Mr. PARa said, " If his Lordship woUld he
pleased to hear the Case., it would appear that this
charge of the Plaintiff was pure necessity to support
the life of the Plaintiff's Wife."

. Lord KE NY Opr.—" fc may be so, andl dare say
you are so-instructed, but,wlien yoU state that the
Defendant and MS wife,,are separated by agreement,
you defeat. your Client's Case at the threshold
yet as the Plaintiff is. tiitied; as Idaresay.she is, to
be a poor woman, and the Defendant to bca than of
fortune, I think it would be proper that yoti •SlioOd
withdraw a furor." The efrea of which Woad
have been that each Party would have paid his own
Costs.

Mr. PARK intreated his Lordship to recommend
that course to the Defendant, to save, the Plaintiff
from payment of Costs, which his Lordship did.
Mr. ERSKINE, on the part of this Defendant-:-;.
I must' say that I would readily comply with the
desire of your Lordship, but the Plaintiff does not
deserve it in this case. The credit was giyen for the
purpose of affording an opportunity of exposing the
Defendant to gratify the malice of the wife, whose
extravagance would undo the Defendant if he did
not resist these anions ; and as ,to the allowance
which is said to be so meanly given to the Defend-
ant's wife for her maintenance, it amounts to a full
third of his income.

Lord KENYON---" Well, .if the Defendant does
not consent to withdraw a)uror, I cannot compel
him ; certainly the Plaintiff has no right of alion
in this cast:"—Plaintiff norisuited.

COURT OF COMMON PLEAS, Drc.

1. SITTINGS AT GUILDHALL.

HARRIS against HOGG.

. Tuts was an Aftion to recover 351, is. being
the amount of the sum .at which certain Goods, be.
longing to the Plaintiff, were appraised to the De.
fendant, 'who had agreed to purchase them.

It was proved, on the part of the Plaintiff, that
the Defendant had agreed to take the goods accord-
ing to the valuatidsn,-Of a Broker, employed by both
parties, who had finally valued them at thirty-three
pounds two shillingAt

It also appearea:i that the Defendant lodged in
the Plaintiff's bouseatt:that at the'titne of the
Agreement,' the Plaintiff -was arrested,- and in a
Lock-up-House. -

On the part of the Defendant it appeared, • that he
had paid the Plaintiff 251. with which, it was as-
serted by one of the Witnesses, the latter declared
himself perfeelly satisfied, in lieu of the 331. 25. and
,that tol. of this had been returned by the Plaintiff
to the Defendant, to pay the Taxes, due on account
of the house of the former, which was given up to
the latter. That the Taxes were accordingly paid,
and a 'trifling balance remaining out of the rol. re-
paid to the Plaintiff. No receipt however was pro.
duced on the part of the Defendant, to 'hove that
the Plaintiff had aeknowledged the. 251; he had re-
ceived -a5 a full satisfadioil for the 331. as. at
which the goods. had been valned, and on this cit.-
curnstance the Plaintiff's Counsel chiefly rested his
reply.
_ _

• Lord ALVANLEY observed, in sununing up the
evidence, that the Defendant ought to have brought
the best' evidencb which `could be had, that is to
say, the Plaintiff's receipt, to prove that he had
accepted the sum Of z5l. in full satisfaaion of the
sum of 331. Is. which was agreed to be paid by the
Defendant to the Plaintiff.

Verdiel for the Pkintiff—Damages 81. zs. with
Costs,.

. .
OPVENHEIM AND ANOTHER (7.-azizst RtisstLL.

_ .
~*rhe nefendant is,Proprietor of .a Waggon going
froriN London to l'tyinoutli; by which certain goods
were stilt by theiPlaintifS, consigned to a House
at PlYi.nouth. The-Plaintiffs gaining intelligence of
,the fail' re of the Consignee;, stopped the gooL in
tranSitu.,
The D'efendant 'detained the goods upon a plea
that the Consignees were indebted to him upon the
balance of an account, :.nd that he had a right to de-
tain the goods in part of payment of that debt, ex-
clusive of whl4 \'‘vAs due to hiin for the carriage of
the goods.
;Mese fads apo tared, by the admissions on both
sides, Evidence not being gone into.

Mr. Serjeant` Li.,Ns and Mr. DAmpi having
admitted the faCts, aod the right of the Plaintiffs to
stop in transitu, whit la they had in this instance
done; .contended,. that by the custom of England,
Common.. Carrier wai. authoried to detain, goods
sent by him, until any bt due to him by the Con_
signet they offered
evidences from which Illyy intended to draw an
argument to meet the case Oefore the Court.
Mr. Serjeant SHEPH PRO ctd•Mr.
READER,
for
the Plaintiffs, objected to tha evidence 'as
sible, and it was filially. over.ritled by -
Lord ALVANLEr, whcrobsert ed, that if evidence
was admitted to prove the custolv, it could not ,go
to the jury in tins case, as it cold not affeet the.
Plaintiffs right to stop in transitzt, h• not being,con.
tended - that the goods' ever were legVlly in the pos-
session of the Consignees. He, theivfore, refused
to receive the evidence tendered by thO, Defendant's
Counel.
It was at _length agreed, that the plainViffs should
have a, verdi6 for the, amouni. of the goods, objea
to the opinion of the Court, upon a Moti9o fur a
new Trial.

Wnt:i again!' MILLER.

This was an Miion for an Assault, in which
some contradietion of Evidence appeared, and the
decision of which turned upon the credibility of the
Witnesses.

Tlie Plaintiff is a 'female, and the Dekndant a
Broker.. The latter had justified upon the Record,
by alleging that the Plaintiff had behav,.'d in ariot.
OW; 'manner in his dwelling-liduse, and that he had
gently put, het Out. .

-The principal Witness for the Plamt if
sivore, that the Defendant brought the Plaintiff out
of the hOuse of the formerin'hiS aims, and theri
pushed her down upon.the ground with considerable
violence; whilst, on the other hand,, it was a; nosi:.
tively sworn by a Witness for the Defendapt, whO
said', be was in the house of the latter at the time
that the Plaintiff' came into the Defendant's house;
and behaved in a very riotous Manner; and 'that the
latter; after repeatedly desiring her to quit the
house; which she refused to do,' took her up in his
arms; carried her out of the door, and gentlY set
her down upon her feet upon the ground.
The jury; after sOine consideration, found a Ver..
dill for the Plaintiff—Damages which carries
Costs; there being a justification upon the Record:

it is to be hoped that • the Bow:street Magi:
strates Nviii take a hint froth the City; and compel
the PubliCans. in the neighbourhood of Covent-
Garden and lirurY-lane to pay some attention to
most Sabbath. In ost of the Public-houses in the
'quarter alluded to; there is hardly any difference
in their appearance on a Sunday and other days, pr.
ticUlaily in the courts adjoining the Theatres.
•G't ~•4Ar4 4,ITEIt -
tTURE.Tfie Fair at Leipzig
this .year, proclu-red but 1150 Novelties which h:
created great astonishment, when it is recollefted,
that Germany is •the Mother of 9000 living Au-
thots; the eldest of whom is only 97, and the
youngest r 9. In this there is scarcely, any thing
theaLagical, ,a singular occurrence at the Fair. ,

As Walking semis the *rage of the-ifibYand it
herothes so profitable a speculation, we wonder
,walktng STUAIT doe's not start forward. Front
*his long pratlice, he ought,,to bear all Competitors,.
being so highly accomplkshedin peripatetic perfedi-

• •• •
tt •
. Ceinei SANItso training for his Walking-
Match; which is to be performed some time before
the z4th insr. in the vicinity of Yoik.

'lf the LAD' CHANCELLOR Should be able to
settle the business of Drury-Lane Theat?e, he will
certainly display great skill in'ka;ggeineht.
The example of the Chief Consul of Vrance hotels
out no great lure to Englishmen .to emigrate to
.that CoUntiy: Where a man dispatches his dinner
in half a& hour, wine and all, John Bull thinks he
Would scarcely have a belly-full.

Mr. PETER MOORE, a Gentleman Well known
in ttie vitcld of the Whig Club, and other such
meetings, called papilar societie's, means, it is said,
to iffer himself as a Candidate for Coventry.
The Peggy, Hunter, of Newcastle, was lost near
Liebau, 2d alt.

Last week, ai a workman was p4ling down an
old cottage at Loosing-hill, near Ravensworth,- he
discovered a quantity of ancient silver coins con.
coaled in the wall, consisting of thirty-seven pieces,
of 'different values, weighing upwards of seven
ounces. They are mostly of the coin's of Queers
Elizabeth, James I. and Charles I. and in a good
state of preservation. It is probable they have
been secreted there during the Rebellion, in t 715.
Last week, at Gerrard's Cross, Buckinghamshire,
'an Ostler, conveying a horse to a farrier, dropped
down dead ; a few hours after the horse died ; and
the following day the farrier also died after a few
hours illness.

A few, days ago the house of Mr. Teasdale, in
Featherstone buildings; Holborn, was robbed by
a young man, who was very incautiously received
into the hOuse r.s a lodger before the necessary
inquiries- respeging his charaeicr were made, and
who, a few hours after he had got posses'sion of the
lodgings,', bundled up the hed-furniture, sheets, and
counterpane, threw them out of the window to
some accomplices, and. then ringing the bell for
the servant to light him down stairs, deliberately
walked out_ of the house.

The House of Mr. Donald6on, ofSalisbury-street,
Strand, was robbed of a pair of sheets, and other
articles, in. a ?imilar manner, on Saturday afternoon

last.

On
.Thtirsday night laSt Mr. %I/kW and Mr.
BAssEr, two of His Majestv'S 'Mesengers, were
stopped' in a post chaise on, the Deptford road, by
two footpads, who robbod them of their watches,
and about zol.

The same night, Capt. ALIARD, of Rotherhithe,
wAs stopped on Bexley Heath by three footpath,
who.robbed ,him of a zl. note and some cash.

Dr. J. FULLER, of Upper Brook-street, London,
with the liberality and humanity which distinguish
many others who have refired, after a life of exten-
sive prgtice, has communicated to B. D. PE RIC I xs,
of Leicester-Kpare, London, some important obser
vations on, and experiments with, his Patent Me,
tallic Traetors ; on the final metits of which he
thus concludes

I have used the Ttadors in very numerous instances
with great success, and have the firmest confidence in. their
utility, among such as have a pleasure in the possession of the
means of relieving the sufferings of their teilow-creatures."--
After detailing several cases of Tooth-ash, swelled Faces,
Sprain,
:and Rheumatism, he recites the followins decisive
experlinent
" A-Lady, aged 60, whom the Tradors relieved of a R
matism of long standing in the shoulder, round a great warmth
during the application, .And, which was extraordinary, f.:it
the burning sensation continut for several days. This patient
being so susceptible, I thought her a proper sabjeet on whom
.40 try the. comparative merit of the Tractors with other sub-
stances, and thereby ascertain .what concern the imagination
had in the effects. I accordingly drew the points of forks,
wood, &c. over thd part affeded, as I had b9tbre used the
Tractors,, butjfrom neither was thereproduced_the least efs
fed. The Tractors, however, on being applied a second
time,. immediately occasioned the heat, and gave exactly the
same rel etas at first.--This experiment was made under cit-
cumstonces which rendered it very decisive."
The Traitors,: so necessary in every Family, and among
Horses, may be had gelatine, with new and improved •Direc-
tionS tor using them, for Five Guineas the Set, of B. D,
.Perkins, A. NI. the Patentee, in the house of the late
john Hunter, Surgeon,- Leicester-square ; and of Frederic*
Smith, .Chemist and Druggist, in the Hay-Market,
..Lohr
don. • :9;lie portable nature of the Tractors renders their
conveyance by coach, or even by post, perfe.dly convenient.
Letters inclosing their amount (post-paid) duly attended to_
• N. 8.. The purchasers of the Tractors receive gratis, two
did Brent Zooks, which contain, as communicated by the
list literary characters, about three thousand Cuees of Gout,
Rh, nimatism, Scalds, Head-ach, Tooth-ach,Sprains. I ntiarn.,
rtAlhs.,,erc. &c. and,all analogous Diseases Di. Horses:
CAT:Tioa.—Th,.. genuine TraCtors are stamped. with the
words " PERKINs'S PAIENITAACTOItS,".mtia: :he bet-
toni oft printed diredions is a Receipt foi- thb live guineas,
signed 1,-1 the hand writing of the Paterite„ Obairviol
tidy, inipositions wilkottea be detected.

From sly LONDON GAZETTE, Dec. 15, xB6l.

BANKRUPTCY EA. JR GED.
lan 30. Abraham Haim Cortissos, Leman-street, Good.
nlai.'s-rielda, merch'ant, at ten, at Guildhall.

BANKRUPTS.

John- Sproston; of Liverpool, merchant, January 4, s, and
26. at one, at the Globe I'avur9, Liverpool. A ttornies,
• ltlr. 'l'. 13Iackstock, -kip:tree-court, l'entple; or Mr. T.
tirrow, Liverpool.,
Charles Clei..r,uot :\lilttrow, Rochdale, Lancashire, woollen.
..rriattutadurer, December 2,6, at ;the Griilin, Manchester,
213, and January 26, at eleven, at the Coach and Horses,
' Rochdale. AttOrnies, Mr. R. Shuttleworth, Rochdale;
.or Mr: Hartley, Holborn-court, G I tit, -London: -
Thomas ,Manit, of ..oward-street, St.. Clement. Danes,
DeceMber 22, 29, and January 26, ,at twelve, at
Guildhall. Attorney, Mr. Evans, Bury-court, St..Mafy
Axe.
1/.ldzrick, Nich,...las Beekman, of • Princes-row, Mile-End
New Tow•a, stry,ar-grinder, Deeerimer 22, 29, and January
• a 6, at twelve;' at Guildhall. AttOrney, Mr. Rivers, Basirti,-
iv:Lk!. • -
IredeOck Eenckirt, of Swan-Mead, Bermondsey,
le:titi'ler.dresser„,Deceurber 22, and January 2, at twelve, and
25, at one,'-at Attorney, Mr. Rippon, Ben-
snaolittSey=--street.
Peter Dritikwate-r, Manchester, and Thomas Dakeyne; of
Darley-Dale, Derbyshire, corn-taelors, December 30, 31,
andianuarF 26, -at. eleNen' at the Star• Inn, '111'Am:1-tester.
Attornies, Messrs.. flay and•Renshaw, Manchester.- •
Christopher Marriott, e"f Manchester, merchant, December
29, and January 26' at eleven, at the Star Inn, Man-
.
,iltester. Attornies, Messrs. Milne, Sergeant, and Milne;
Manchester; or Mr. N. Milne, Temple, London.
Joseph Mitchell, of Long-Acre, cheesernonger, December
19, at one, 2:,- at ten, andlanUary a 6, at one, at Guildhall

Attorney, Mr. Michell,'"Unionzeourt; Rroad-street. .
Josepii now or late of Newington-Place, potter, Dc-
ceniber 19, :), and. fanuary' 26, at ten, at Guildhall. Ai-
torides, Messrs. Palmer and Tomlinsons, W-ianfortl-court,