The Sun.
London, England, 1831-02-05 00:00:00

LAW INTELLIGENCE.-(THIS DAY).

COURT OF KING'S BENCH.
HORSE WARRANTYv —PAUL, ESQ. V. HARDWICIC.
Sir JAMES SCA RL ETT (with whom was Mr. PLATT)
stated that the plaintiff in this case was a banker, in the
Strand, and the plaintiff a horse-dealer ; and the action was
brought to recover the sum of 4.81. on the warranty of a
horse. It appeared from the Learned Counsel's statement
that Mr. Paul, on the,3d of July, purchased of the de-
fendant a bay gelding for the suns of 65/. ; the defendant
at the time of the sale gave a warranty that the horse was
sound and free from vice. No sooner, however, had he
ben put into the plaintiff's stable than he began " crib-
bitiug" most furiously ; in consequence of which Mr.
Paul sent him back to the defendant, who refused to
take him in, and in a few days afterwards he was
put up for sale at Mr. Tattersall's, when the defendant
became the purchaser for the sum of 26 guineas, which,
after the expenses had been deducted, left 23/. 19s. 6d.,
which was paid to the plaintiff, and the present action wps
brought to recover the difference between that sum and.
651. Now, said Sir James Scarlett, the question for you,
Gentlemen of the Jury, to decide is, whether or not " crib-
biting" is a vice in a horse, and to enable you se to do I
will read the definition of the word from Dr. Rees,
Cyclopwilia :—" Crib-biting, a vice in horses difficult to
break. Attempts have been made to cure it by cutting
off part of the tongue—(Lord TENTERDEN—A very
humane mode)—other remedies have also been tried, but
they generally proved ineffectual." The Learned Counsel
continued, and said he was aware that in a war-
ranty for unsoundness vice was not sufficient, but
here there was a warranty that the horse was
not vicious. He should be able to prove that the
horse was a Confirmed crib-biter ; that crib biting was a
vice ; and then he should be entitled to a verdict.
The following witnesses were then called :
Wm. Ilearn—For several years I drove the Bristol
coach, and have been acquainted with horses all my life.
I saw the horse in question brought into Mr. Paul's
stable. He began crib-biting pretty sharply.—(Laughter.)
Mr. PLATT—Did you put the harness out of his way?
Witness—Yes, or it would soon have been all gone ;
bless your life he'll eat any thing.—(Great laughter.)
Mr. PLATT—Did he appear a confirmed crib-biter ?
•
Witness—Oh yes, a staunch old hand.
Several other witnesses were then called, who proved
the purchase and warranty. The defendant being ap-
plied to to take the horse back, his refusal, and its sub-
sequently being sold at Tattersall's.
Mr. Sewell examined—l am a veterinary-surgeon and
a member of the College. I consider crib-biting a vicious
habit, and treat it as a disease. It brings on indigestion
and a variety of other complaints.
Cross-examined—lt is curable in its early stages.
Mr. Clarke examined—l have been a veterinary-sur-
geon forty years. I consider crib-biting as one of the
worst of vices attached to a horse.

The ATTORNEY-GENERAL addressed the Jury at great
length fur the defendant, and contended that crib-biting
was not such a vice as entitled the plaintiff to recover.
Dr. Rees could not be taken as gospel authority in such
cases, he said that it often brought on indigestion, but
God forbid, said the Learned Counsel, that all of us who
are troubled with indigestion should be pronounced vicious.
A great number of witnesses were called, who gave it
as their opinion that the " crib-biting" could not be de-

nominated a vice.

Sir JAMES SCAKLETT replied, and Lord TENTERDEN
was about to sum up to the Jury, when they interposed
and expressed themselves satisfied, and immediately re-
turned a verdict for the plaintiff for the amount claimed.

ARCHES COURT.
JUDGMENT.IIEWIT V. HEWIT.

This was a suit promoted by the wife against the hus-
band, for a divorce, on the ground of cruelty. The par-
ties were married in November, 1824, at St. Andrew's'
Holborn; they went to live in Hatton-garden, where the
husband treated his wife exceedingly ill, locking her up
in a garret, and paying no attention to her wants. From
this she was removed to Crofton-hall, Kent, and the same
ill treatment continued ; and was afterwards suddenly
taken to Boulogne, she being then in the family way.—
There she was confined of twins, without any adequate
assistance, the husband still treating her harshly. The
day afterwards she was left by her hmbind, wholly des-
titute, and was maintained by the British Ambassador,
till her friends were informed of her situation, and she
was brought to England by her brother.
The COURT particularly dwelt, in giving judgment, on
the conduct of the defendant in leaving his wife when she
was confined ; and having gone through the facts of the
case, granted the prayer of the wife, and ordered the pay-
ment of a permanent alimony of 1201. a year, with 80/.
a year during the suit.—The Court then adjourned.

ELECTION FOR BRIDGE-MASTER.
(THIS DAY.)

The polling is going on with increased spirit this morn-
ing, but the friends of Mr. Watson are coming up three to
one in his favour. The poll is expected to close this day,
as the other candidates are so far behind.
At twelve o'clock the numbers were—
Watson 1,245
Gibbs 554
Moulden 517

SHIPPING INTELLIGENCE-(THIS DAY.)

FROM LLOYD'S.
LIVERPOOL, FEE. 3.—Arrived the Favourite, Nelson,
from St. Thomas's; and Lunenburg, Jones, from Nova

Scotia,

HULL, FEB. 3.—Arrived the Zephyr, Evans, from
St. John's, N. B.

- . -
SUNDERLAND, FEB. 2.—The following vessels were
driven on shore last night and this morning, during a heavy
gale from E. S.E. and thick snow, viz. : —The Friore
behind the Peer; Sely, at Hendon ; Isabella, ditto, from
Argo, on the Herd Sand—all belonging to this port ;
Romulus, or Regulus; Humility, of Jersey, and another
unknown, in Whitburn bay.

The Apollo, Duckles, from Rotterdain, was on shore
on the sunken sand in the Humber on Thursday.
The Jean, Black, from Yarmouth to Stirling, WAS on
shore near Yarmouth yesterday ; crew saved ; cargo ex-
pected to be saved. _

- The Robert and Jean, Blair, from Dublin to Liver-
pool, was driven on shore in Kilkenny Bay on Tuesday,
and reported to be full of water.
__ _

The Young Husband, from London to Newcastle, was
totally lost near Alemouth, and the crew drowned.
The Enterprize, Stevens, of Wisbeach, was found near
Blyth on Wednesday, bottom up ; crew drowned.
The James Anderson, Steel, of Aberdeen, was driven
on shore, near Blyth, on Thursday a wreck.

THE FUNDS.-(THIS DAY.)

CITY, T LTE CLOCK.

Owing to the boisterous weather last night we are with-
out arrivals, not even a single ship letter has come to
hand. The public are anxiously looking at the debates
of last night in the House of Commons, and find them.
selves greatly disappointed in regard to the new adoption
of the Civil List, in which there will only he a saving of
20,000/. per annum. Mr. Hunt's speech relating to the
above subject is in general admired for its plain truth, hu-
manity, and sound logic.
In the Funds little or nothing is doing at present.
Consols, which left off yesterday at SOi -I for ,the Ac-
count, opened at the same price, went up to 80a buyers,
and are now 801 a.
The Foreign Market is void of interest ; prices as per
yesterday.

Bank Stock, 201% 2IMIIISH FUNDS.
% Ditto, Reduced,
India ditto, 212 13 Ditto, New, 89>4
3 per Cent. Cons. SO% Four per Cent. (1826) 99%
Ditto, for the Acct. 80% % India Bonds 15 16
3 per Cent. Red. 81% Exchequer Bills, 33 4
3% per Cent. 89% 90