The Sun.
London, England, 1825-08-05 00:00:00

LAM INTELLIGENCE.

VICE-CHANCELLOR'S COURT, ADO. 4.
BAXTER V. THE ASSIGNEES OF MARSII AND CO.

Mr. HORNE stated that this was a case arising out of the
bankruptcy of Marsh, Stracey, and Co., the bankers. The
facts of the case were as follows :—The plaintiff, Mr. Baxter,
had contracted to build a house for a Mr. Woodcock. The
parties entered into an agreement, by which Mr. Baxter bound
himself to complete the house by the month of June, 1824, for
which he was to receive the sum of 5,0001. The money was
placed in the hands of Messrs. Graham and Stracey, as trus-
tees, but those gentlemen lodged it in the bank of which
they were part of the firm, in the names of the parties con-
cerned in the agreement. It was part of the agreement, that
if the house should not be completed at the time specified,
the money was to be paid back to Mr. Woodcock. The
house was not completed in June, and Mr. Woodcock gave the
builder further time to complete it in. Mr. Woodcock took pos-
session of the house in August, although it was not quite com-
pleted, nor was it completed until after the bankruptcy of
Marsh and Co., which took place in September. At the time of
the bankruptcy, Mr. Baxter was indebted to the firm in the
sum of 15.0001. He had since paid the assignees 10,0001., and
required that the 5,0001., which was lodged in the bank on ac-
count of the building agreement, should be taken as a set off
for the remaining 5,0001. which he owed to the firm. To that
proposition, than which nothing could be more reasonable, the
assignees refused to accede, and the plaintiff therefore came to
the Court to obtain its order on the subject.
Mr. MONTAGU, on the part of the assignees, said that his
clients were desirous of doing nothing but what was just.—
They were of opinion that they could not legally allow the
5,0001. to be used as a set-off by the plaintiff, because the
house not having been completed at the time the bankruptcy
took place, the money, according to the agreement, remained
the property of Mr. Woodcock, and could be employed as a
set-off only by that gentleman. The Learned Counsel, in sup-
port of his agreement, referred to the case of Barton, in which
the Lord Chancellor had decided that money lodged in the
hands of bankers roust continue the property of the person to
whom it belonged at the time an act of bankruptcy took place,
and could not be made otter to another person, to be employed
as a set-off.

His HONOUR said that he did not feel himself called upon
to make any order on the subject. The question was one which
might be properly determined in a Court of Law, to which he
would refer the parties for their remedy.

A DOUBTFUL CASE, UNDER MR. MARTIN'S ACT.

GUILDHALL.— William Bromley, the proprietor and driver
of one of the spring vans, for removing furniture, No. 130,572,
attended yesterday before the sitting Magistrate, Mr. Alder-
man SCHOLEY, upon a summons obtained against him by
Mr. Martin, the Ilonourable Member for Galway, for wan-
tonly and cruelly ill-treating a horse in the Old Bailey, on
Monday last.

Mr. Martin, in opening his case, stated, that although he now
complained against the defendant, for wantonly and cruelly ill-
treating his horse, he did not see him inflict a single blow upon
the animal. No, the species of cruelty that he now charged him
with practising was of a very different description. It was that
of grossly and shamefully overloading the horse, and he appre-
hended that the overloading an animal to the extravagant ex-
cess that he should prove in this instance, and the setting him to
draw a weight so wholly disproportioned to his strength, was
certainly most wantonly and cruelly ill-treating him, and as
much an offence within the reach of the law as knocking him on
the head would be. The manner in which this van was loaded,
was not merely such as to call forth a passing observation from
the persons in the street, that the animal had too much for his
strenth to draw; no, but every body saw at once that the van
was a great deal more heavily laden than should have been
attempted to be drawn by. ii single horse. If the van had come
any distance he should have said, from the load in it, there
ought to have been three horses at least to it, instead of one ;
but certainly, however short the distance might be, there
was load enough for any two horses. The poor animal, in his
efforts to get it along, fell on his knees repeatedly; in fact, he
could with difficulty move it. That thus overloading an animal
was an offence clearly under the Statute had been decided a
twelvemonth ago,' when the fine was inflicted on the driver of
those immense vans in which East India goods are removed
from the Docks to the Company's warehouses. The very pre-
amble of the Act would, however, settle that point, and ht
begged the clerk would be so good as to read it.
The clerk accordingly began— " Whereas it is expedient to
prevent the cruel and improper treatment of horses,"—
Mr. Martin—That's enough—that's enough. Nobody, I
believe, will deny the overloading of a horse to be treating him
improperly, and consequently an offence which the Act was in-
tended to punish and prevent. How far had you come, good
man ? said Mr. Martin, addressing the defendant.
Bromley replied, from the Waterloo-road, and proceeded to
deny that the horse was so tremendously overloaded as Mr.
Martin had described. The load, though bulky in appearance,
was in fact a very light one, not exceeding half a ton, and con-
sisted of chairs, tables, and other articles of furniture, light in
themselves, though occupying a good deal of space. He had
the inven s)ry of the whole contents of the van there, and was
prepared with witnesses to proite its correctness, which indeed
might be ascertained immediately, as the whole contents of the
van were still in the Old Bailey. He set too great a value upon
his horse to overload it; it was an excellent animal, a very
great favourite, and was always called " the family horse."
Mr. Martin repeated that he was ready to swear that the
horse was greatly overloaded, but as few persons had been
charged with this description of cruelty towards their horses,
and it might not generally be understood that it was an offence
punishable by the Act, he should not press for a conviction in
this instance.
The defendant was by no means satisfied with this manner
of settling the charge, and seemed extremely anxious to be per-
mitted to go into the proof of the contents of the van, to exone-
rate him from all suspicion of having overloaded the animal.
The ALDERMAN however thought, as Mr. Martin had de-
clined pressing the case, it was unnecessary to go into any such
proof. He hoped, however, the proceedings in this case would
act as a warning, not only to him, but through the publicity
usually given by the press, to others in the same way of life,
not to persist in this species of -cruelty towards the animals
under their care.

NATURAL HISTORY OF THE LION, &c,

al
The LION produced under the burning surl'„
Africa is of all other animals the most terrible, the moat ti":
daunted. In the vast desarts of Zaara and Mauritania, where
man has not fixed his habitation, they are found in greatpfir,
bers, and preserve their natural courage and ferocity. A sler
Lion of the Desart often attacks an entire caravan ; and a.„
an obstinate combat, when he finds himself overpowered,
,1,,
stead of flying, he continues to combat, retreating (still facie`
the enemy), till he dies. The elephant, the rhinoceros,
.La
tiger, the hippopotamos,, the wild boar, and the leopard, 7,,„
the only animals that are not afraid singly to oppose Ilit,!'„'ot
They do not seek the lion to attack, but if provoked, will
"1
fly at his approach ; they wait his onset, which he stir
makes, unless compelled by hunger : they then exert al IA
strength, and are sometimes successful. These instaric
however, are very rare, for the Lion is in general the undisputed
Monarch of the Forest. ,
.1114.
The Lion, in its natural state, is commonly said to de7,o
as much as will serve him for two or three days ; and,.lo,
satiated with food, to remain in a state of retirement in h? .ir'ea
which he seldom leaves, except in search of prey, and ° pi:.
then only at night. When hungry he boldly attacks all 4:101
mall that come in his way; but, as he is very formidable,..sAer
they all seek to avoid him, he is often obliged to hide, in °li•
to take them by surprise. For this purpose he crouches °%/eii
belly, in some thicket, or among the long grass, and ' 0
springs on his prey, 15 or 20 feet from him. if he chant"
miss his leap, he' will not (as the Hottentots invariably ass,,,° hi
Dr. Sparrman) follow his prey any further; but, as thottb!';,
•
were ashamed, turning towards the place, where he lay in aO.
bush, slowly, and step by step measures the exact lengtoo
tween the two points, in order to find how much tno !TM
or how little beyond the mark he had taken his leaf). 04,
roaring of the Lion when in quest of prey, resembles thelfia
of distant thunder; anti being re-echoed by the rneksoo
mountains, appals the whole race of animals, and puts thel. ••
•
sudden flight. hey
The Lion may be said not to be a cruel animal, since. de;
so only from necessity. When satiated, he is perfectly ge°oll
while the tiger, the wolf, &c. and all their inferior kinds, °lie,
as the fox, the pole-cat, and the ferret, kill without rer°l°,oo
are fierce without cause, and by their indiscriminate slang ,
seem rather to satisfy their malignity than their hun,_grt.
Lichtenstein, in his Travels in Southern Africa, says t"?..nas,
Lion, when in search of prey, approaches the dwelling of Lied
he will never seize upon the human species while a four-not
animal is in sight.—The hunters in Caffraria also told,i6a
traveller, that if any one had the misfortune to meet a
seoti
unarmed, his only hope of safety was in courage and pre,s',i}!
of mind : lie who flies is inevitably lost, but he who !;ib
motionless as a statue, and looks the animal in the Iles •
perfect steadiness and composure, is never attacked. A fel
The Lioness goes with young about five months; and oad
rarely in a domestic state produces more than four young
at a litter, which are about the size of a large pug-dog,
eiielfl.
less, pretty, and playful ; they continue at the teat for %De
months, and the animal is about five years in corning t"
b.
fection.
In its imprisoned state, the life of the Lion, deprived:to
is of his natural climate, food, and exercise, is Veri iftV
abridged. Count Buffon, reasoning from the size aria e°o
tution of the Lion, and the time required for his arriving g.'244
growth, concludes that lie ought to live nearly to the °DP
25. The great he-lion, Pompey, which died in the year Ad
was known to have been in the Tower for above 70 years 0)
one lately died there, which was brought from the river
0,01
bia, that lived to the age of 63. Most naturalists WI 0
think it very probable, that the life of the Lion, in his.
1?,-
forests, exceeds even that of man himself. 1i0,4
• The Sire and Dam of Nero, however, died before thelor I
completed their tenth year. They were caught together,AA:
somewhat more than a year old, in a trap, made in a ~7„„9
the coast of Barbary. They were considered the finest °livid
of their kind ever imported from the wilds of *Africa, ine
the first specimens of the black-maned species that were
duced into this country. After their deaths they were ii,io:
ed by Mr. Geo. Freer, of Birmingham, who gave Mr..l '
well a pair of fine kangaroos in exchange for them. ~ all
We are assured, from numberless authorities, that the ~ si.,
of this animal is noble, that his courage is magnanimeut;i!,
his disposition grateful. He has been often seen 03 0,11011
contemptible enemies, and pardon their insults when it.„.011:
his power to have punished them. He has been known '4l
the lives of such creatures as were thrown to be devoTel.,l3
him, to live peaceably with them, to afford them Pori rer
subsistence, and sometimes even to want food himseu,t ,e,ii
then to deprive them of that life which his generosity 11°.',1 )
ed.—A dog is related by Sir. Bingley to have been I/7 IA;
the cage of a Lion in the Menagerie at the Tower 1 Ole
don some years ago for his food. The stately aldr°1101,• l
ever, spared its lif ; and they lived together for a c0n:6,1
~
time in the same den in the most perfect harmony, an it",
ed to have a great affection for each other. The dog h to-11;f •
times the impudence to growl at the Lion, and even• 0,,,
pute with him the food which was thrown to thetnjtt ,
~„°',
is the old proverb, that " familiarity breeds conterabil r 1
noble animal, however, was never known to chastise '
fil
pudence. . Far
Mr. Brown tells us, that while he was resident ttoLoi if
Africa, he purchased two Lions, one of which was j 5,1,01
months old. By degrees he rendered this little an
tame that it acquired most of the habits of a dog. oil,"
itself twice a week with the offal of the butchers%eti 110
commonly slept for several hours successively. ' odory,,;ol
was given them, they were not only furious to each et, P;'
to any one who approached them ; excepting, howeT jos too
intervals, though both were males, Mr. Brown never ; 9
disagree, nor exhibit any signs of ferocity towards the St!lit
lambs passed by them in the street unmolested. 0.
had also two tame Lions, which'their attendant alwa,Y° ' of
into the Market to be fed. tJ' is
The same author relates, that a Lioness, at prose; lififoll
Museum of Natural History at Paris, permits a dog °s yli
her den, and is excessively fond of it. She 'lore P2h,
pleased and gratified by its caresses : she is Atte/1,300.
II)
its wants, and is unhappy when it is reinnveu.cro Ail(
sight, though for a few moments only. The kefl'ilesteisst
that to this singular attachment alone they are In JO
the tranquillity with which she has hitherto supporte 4010
of her liberty. ;iet t
A Lion and Lioness brought over together fro ¢t 00 I
about twenty years ago, were kept in the same deno-1000 t
'Change in London. They were each about 18 1%0401
and were attended by a Negro who had reared `401,14
whelps, anti had come over with them. •The7;lol3 filal,
this man to enter their den in the greatest safety, Ilene', f
would fawn upon and play round him like • kitten.5..0,4,70.
quently had a table in their den, with pipes and gli7 0 t'opP,
sitting down there, would quietly smoke his pipe. ~, 0 . 'OO
occasions their frolics were too boisterous, lie.had-on,Aiaws.i.
his foot, and by his countenance to express his diaP'e• '
they would immediately cease. '

DUEL.—Friday morning last, a duel
in the neighbourhood of Killarney, between Mr. O'e .0-11
Limerick, and Mr. BALDWIN. of the County of 01.."va• ll'
after an exchange of two shots each, the matter
adjusted.

:
BIRTH. - ' ' ~, tll''''
On the Ist inst., at Barnet, the lady of Mr.
.... 11......,,
geon, of a daughter.
„44
MARRIED.
On the 4th Inst., at Westminster, John Gorql,pr o;."/ ~,
of Plasket-house, Essex, to Rachel, third daug"'"
of a,
Foster Reynolds, Esq., of South Lambeth.
On the 4th inst., William Flexman Vowler_, ,sli.1;0 -
Newington, to Ann, daughter of GustaiuS doP yif
sof
A
Esq., of Hornsey-lane. f 010119:
On the 3d inst., at Harrow-on-the-Hill, George-L.li Oil - ' '
of Hanger-hill, to Mary, eldest daughter of Char '
rs ,,
Esq., of Sudbury-grove.
DIED. 010°"',,i0,h1
On Wednesday morning, after a procrastinated ')--tor,
residence North side, Clapham Com Mon, Tlicdtg- ePt 41
Esq. of Warwick-square. He was many years -- ni.J.,oft „
Provincial Press, and a man highly respected bi:elllC ,
circle of friends, by whom his loss will long be Se'''. 0
deeply lamented. „ a eolas ' :
Yesterday, at the house of her son-in-law, r• f , ''
On the Ist inst., at Canterbury,
Great Smith-street, Chelsea, Isabella, relict. ° ~idr
Beetham, Esq., late of Fleet-street. a 00:0,0
rough, of the Royal Marines, aged 66. .„ , 0 , r
''lli°
On the 3d inst., Elizabeth, wife of Thomas i'v ' r
t )I;*.,i' ' Es, of Deeves-hall, Herts.
On the Ist inst 1 h in n stree-/
_,,,yrs'
~ at ler ouse erners—
WI
worth. Ph° al°
On Wednesday morning, the 3d inst., IT'• I-,
Miles-lane, Cannon-street, in his 50th year. „Aght°l4 d'
On Lieutenant-- 6
On the 30th ult., at the Marine Porade 0-1° tit OA
Meyer, M.D., of Broad-street-buildings, Lon'd,°,,no;oll* Or IP
On Wednesday morning, at his house at 3IV", if._Thtlip
bridgeshire, in the 55th year of his age, the -04,pinti
many years pastor of a congregation of Protestat,4o 6
that place. His memory will be long cherisliea. ,PJ ,a
circle of friends and pupils. ,itiP
i
Printed and Published for the Pn(spnigTonit'ofri
Orrii:x, No. 112; Strand, by .J. 8.431 .