The Sun.
London, England, 1801-12-17 00:00:00

FULL. AND ANOTHER 'V. WRIGHT.

'T he Plaintiffs are dealers in Flour, and the De.
fondant is a Baker. The Aflion was brought to
tecover
.221. sos.. the balance due for a number of
sacks" of Flour, sold and delivered by the Plaintiffs
to the Defendant in the beginning of June last. The
Defence was, that the Flour was not of a saleable
quality, it being unfit to be made into Bread.
It was contended on the part of the. Plaintiffs, that
as this Flour was not complained of until the month
of August, it was the fall in the price of the article
that made the Defendant find fault with the quality
of it, for that he had adually used four sacks-of it,
but he wanted to throw the -remainder of it on the
bards of the-Plaintiffs, and purchase other Flour, so
as to put the di:erence-in his pocket.
The sale and delivery of the Flour was proved.
The price was 51: 15s. per' sack, Which was the best
price at that time.
It appeared then in evidence called. by • the De_
fondant--first, by a person of the name of Ov.en_
ham, that he was the Journeyman of the Defendant
in July last ; that he remembered the Flour in
question coming Into his Master's house ; it was
kept seven or eight days ; .at the end-Of that .time.
they began to use it. He found it. was Very ball-
Flour—very unwholesome : it was not such as his,
Master could make into Bread. He did make it
into Bread and sell it, but one-third mixed with
better Flour ; but even with that it did not make
proper-Bread. They used it, he believed, twice,.
and it made very indifferent Bread indeed..." The,

Bread which was mad of this Flour was worse that

the other Bread he had been used to Make. They
had various complaints from their customers of this
Bread ; these complaints were after this Flout was
used, and not before : his Master never had any
complaints about his Bread before, while the Wit_
ness was in his service. ,But the customers found
fault with the Bread that was made only' with one-
third part of this Flour, and said they- must leave
him if he.did not give them .better Bread. The'
Witness made a loaf of thisFloUr by itself,. and that
was very bad indeed, and not fit for' any man to'
sell. In consequenee of this Flour turning out
''ery bad, they did not use it but for four Morn.
ings. They used not quite five sacks of it. They
generally mixed some stale with fresh 'Flour.
A Witness of-the hat:._ of Wright, but who was
no relation to the Defendant,' gaVe an account of
some proceedings which took place between the.
Plaintiffs and the Defendant before the Lord Mayor
concerning this Flour in August last, and the par.
ties', he believed, were-both present. A loaf v_a.s
pr; .'aced which the Plaintiff, Mr. Hill, said was
made of this-Flour. The' Witness kt NV the loaf, and
looked at it by the desire of the Lord Mayor.; he
told his Lordship it was made froM bad Flour, such
as was unsound and nOttietlefily sweet. This Was
about the middle or the latter end of August. From the
time this Flour was bought, to the time the Witness
saw the Loaf; Flour had fallen very much indeed
iii price—lbe Lord Mayor said, on that occasion,
in the hearing of both parties, that he recommenr
ed it to Mr; Hill to take back all the bad -Flour,
and send to Mr. Wright an equal quantity of good
z Flour; and the Witness said, he understood before
the Lord Mayor, that there were no objeaion to
take back the Flour.. There was, at this time, good
Flour in plenty ; but this was really so bad, that it,
could not be made into Bread. The Lord Mayor.'
• pulled theLoal in two, and it stunk.
Mr. Johnston, a Baker, said, he saw this Flour
which the Defendant had bought of the
he silw it at the Defendant's house. He examined
the 'Flour, it was as bad as bad could be -it stunk
so, that it could not be used. Any body might be
a judge of it, and he had brought a sample of it,
which- he held in his hand : he wished the Jury to
look at it, it wits as bad as bad could be, and not
fit to be used for the purpose of making Bread at all.
If it •had been good Flour at any time, it would
never have become as 'bad' as this,, if kept till the 7
day of judgment.
Mt. Fortesoitie swore, that he saw this Flour in
• September, and that it was very bad then.
Mr. Davis provd, that the price of 'the beSt
Flour in June, when this was sold, was a rss., per
Sack. ' •

Mr. PARK' was going to reply on behalf of the
Plaintiffs; when

Lord KE Nr\os stoke nearly as follows : " Dif-
ferent peisons may take different. views, and form
diti,:rent opinions upon the same suhjen. I have
formed an opinion in this case in favour of the
.Plaintiffs, and with your leave, Mr. PARK, I will
s' that opinion. to the Gentlemen of the Jury,
together with the ground on which I have formed
that opinion ; that they May be enabled to review
'thy:sentiments, and by comparing them with their
cor-en them, if erroneotts. '
.This Anion is bronght to recover the value
of Icertain number of Sacks Of Flour, sold and-de-

livered by the-Plaintiffs to the Defendant ; and dates
are important in this case: The Flour was' sold in
the month of June—on the loth of June ; it is in
fat delivered then. The ground of the argument
for the Defendant is, that the Flour is not of such a
quality as it ought to be. .The Defendant receives
this Flour into his Warehouse, or some place fit for
its reception ; he keeps it for eight or nine days--
he then opens the Sacks and begins to use this Flour.
Here he has given Evidence against himself, and
that Ought to bind him at all events. By that Evi-
dence it appears,. that he has dealt with the inno-
cent Consumer. of his Bread, as if the Flour was_fit
for food: Both the old and the young have bought
this Flour frOrn him in Bread, and given him the
'full price for it, as if the Flour was the best—
I am, , therefore, of opinion, that when such a man

comes and complains, that that Flour was bad; he
ouglit, not to be heard saying so in a Court of
Justice. If it was as bad as he now ,says it was,

why, should he distribute it, to all degrees of per-
sons, as he has.dont; ? He began using Flour

before the end of June ; this article goes down to
the month of 'August, without auy,tomplaint upon
earth. Noting till then is said against it. At
. that time there was a mighty alteration in the Price
of Flour Worn the month of June. An abundant
harvest, which the bounty of Providence bestowed
upon us—the providence of God—and would to God
we knew how to be thank.4.ll for it, brought down
the price of that article fifty per Cent. and more, to
my , certain, personal, knOwledge, from 235. to
9s. 61.. It is after this
.great alteration in price,
that the Defendant starts his objettion to the, (futi-
lity of the article ; then he makes his complaint,
and brings the Plaintiffs -before the Loid Major,
and we have some account. of .the dispute there—
How the Flour was managed after it came into the
hands of the Defendant, nobody has told you. The
Witness, Mr.. Johnstofi -tells you,; what I cannot
believe ; what I.,,indeed, know is not true=--". That
if this Flour wasonce,good, it could never become
what it was when he saw: it." I know, perfealy
well, that in much fewer days than this Flour was
in the Defendant's possession weeks, Flour may be-
come,what ,is called leaven ; it' may be converted
into a sour tommodity in forty-eight hours,; 'there-
fore-saying that this Flour could not have altered, as
Mr. Johnston said, is saying that which is not true,
it groves that he is, at least, ignorant of what may
affeEt the quality of Flour. Ido not say that the
Witness wished to impose upon you, God forbid I
should impute such a motive to any man who is ex-
amined, who does not manifest it by his evidence;
but I am sure- that he is ignorant, h
who says wt
_ _ •

Mr. Johnston says. on this subjea. I cannot for-
bear impressing on your minds the idea of " who
the man is who comes before you to say that this
Flour
,was bad." He has used it for days and:
weeks, and in a way the most dangerous, if it was of
a deletetiotis duality, for he.has administered it to
the ba'l at- the breast, and the feeble old man on
the brink of.* grave, to all ranks, degrees, and
descriptions of men, from him who sits-on the right
hand of the throne to the beggar in the alms-house.
This is the man who comes before you to say that
this article was of a deleterious quality,; If he can,
by,these means get rid of his engagement, he will
get to himself an advantage of go pet cent. upon
the amount of the article he has purchased, out of

he pocket of the persoii who sold ir.—l subscribe

to,trie.doarine laid down by the Learned Counsel
•for the Defendant,." That'll* a person buys a corn-
Modity which turns out to be bad, and unmerchant-
able,' the purchaser cannot be compelled to pay for
it ;" but in this case,. I by no- means see it so
proved ; for here the Dcfendant rests upon his oars,
from a period early in the month of June, through
the whole .of July, and to the middle •of August,
when he finds filth with the- commodity, alter a
deterioratlon of which you have—no. account as to
the, cause, and when Corn -had fallen Upwords of
So per cent. "I cannot therefore see how Justice can
be done to the Individual, or good to the Public, if

I were not to say to you that, in this case, the
Plaintiff is entitled to recover in this adion. to the
amount of his demand."
Verdia.for the Plaintiff—Damages zzl. los.

On Wednesday se'nnight, a venerable oak, stand-
ing in the Park of John Elliott, Esq. of Elliott-
House, near Ripon, was struck, with lightning and
shivered to pieces ; the trunk, which measured in
circumference 27 feet, was torn into several dis-
tind pieces, 'and many of the largest branches, by
the irresistible violence of the eleCtrical fluid, Were
thrown to a considerable distance ; two deer, which
were supposed to have been browzing under it,
were also struck dread ; the side of one of them ap-
peared much scorched, as if by the application of a
hexagonal instrument ;_it is a curious circumstance,
that this tree, which was considered by Mr. Arthur
Young, who visited it some years ago, to be one
of the largest as well as the oldest in the Country,•
appears from records still preserved in Elliott. House,
to have been coeval with the mansion itself, which
was crated by Tiberius Elliott,. Esq. High Sheriff
for the County, in the 38th year of the reign of
King-Henry VI. from whom the present worthy
possessor is lineally' descended.
A most shocking event took place in September
at Plate-hill, in the county of Ulster, in America.
The circumstances attending this melancholy affair,
as we have heard, are nearly as follow ;—" A Mrs.
Deyo, during the absence of her husband, after
having, by various pretences, sent two of her hus-
'oand's children, by a. former. wife, out of the way,
called the remaining three, being her own children,
successively into another room, :and then cut their
throats with a tazor, which she had prepared for that
purpose. The eldest of the three (about ten years
old) when he was called into the room, upon seeing
the-fate of the others, endeavoured to escape, -but
his mother seized him before he could get out of the

house, and in the struggle cut his throat in a shock-
ing manner. The wound not proving mortal im-
mediately, he continued to fly .until he was met by
some neighbours, and then expired. These per-
sons went to the house, and there found that this
unnatural mother had completed the catastrophe by
destroying herself by the same weapon."

THE 11,1MBURGH 111,11 L.

14AGOf.,

OF: the trst and zzd inst. we had here vio-
- lent a storm as that of the 3d. At Scheveningen,
.three ships were wrecked, among' which was an
English one. There, at Cat'wyk, and other
places, many dead bodies have, been .thrown on
shore. We are under great apprehensions for
Some Ships from England, which are on their way
,to, the Ports of our Republic, laden with rice
and other commodities. • The Minister of Police
went yesterday , to Haerlem to view the inundated
country, and it is hoped that by the meP.is of the
Sluices and the Water-mills, the communication be-
tween North and South, which is interrupted, "will
be speedily restored. •

MILAN, Nov. M.

THE Courier, MOUSTACHE, . has brought the
sanction of the French Government to the new
Cisalpine Constitution. The Provisional Govern-
inent, in conjunction with the Minister•PEßLET
and General Multivr,- had invited the First Consul
to nominate himself the principal Authorities, and
gi%e them power to allf)point the others. To .this
proposal the First Consul answered, that he would
willingly comply with the request, and for that
purpose-co* in person to Milan, were he nor• pre.
vented by the multiplicity. Of business Which re-
quired his attention ; but, as ate had proposed to
come to Lyons, he pointed nut a number ofpersons,
whom he invited to meet him at that City ; and
probably from among themselves he might appoint
the Members of the. first Authorities.

COUNTRY NEWS.

Ng\VCASTLE,• DEC.' 12.

THE Peggy, Hunter, of Newcastle, was los

near Liebau-,7in the Baltic, in the dreadful gales 'of
the id, 3d, And 4th ult.—The Polly, belonging to
Captain John Rely, of this port, was also lost in
the late galeS. The crew experienced great distress,

by. being upon the ship side, for nine days, and
almost. all frostAit.- The account of this unfortunate
1654 was communicated from Stockholm. .

Friday night, the IA instant, the Resolution, of
Whitby, Captain Mackenzie., was driven amongst
the rocks, near the Black.Middings, at the entrance
of this harbour, (owing to a sudden shift of the
wind) and totally Iticcktd.—The vessel was only
a few months old.

The Lord Salton, Rowe, from Aberdeen to
,Sunderland, is driven ,on shore near ?akefield,
likely to be wrecked and the Friendship, of
Burlington, Plummer, master,' is wrecked on Yar-
mouth Beach. The vessels Were both in ballast,
and the crews saved.

On Tuesday night last, the body of Mr. Palmer,
master of a vessel now lying in Shields harbour,
was found near the four-mile stone. on Shields road.
There appeared a contusion on his head, his I*;cicets
had been emptied of his cash, but the ship's papers,
&c. were found upon him.-4t is not yet known
whether the deceased has been murdered, or met his
death accidentally._,- •