The Sun.
London, England, 1812-05-29 00:00:00

LAW REPORT.

COURT OF KING'S BENCH, M

LARMAN V. yLoTtR.
This':Was an action brought to recover the sum
of six, guineas,
.the price,of a, load of clover, sold
by plaintiff to defendant,'
The plaintiff is a farmer, residing .at Enfield
'Highway; and, on the (ith of February las.X., had
two loads of clover in Whitechapel Market, one
of which` he sold to de'c'endant for 61. 6s. On its
being sent to delendant's yard, in Smithfield, he
objected to eight trusses, as damaged, and desired
plaintiff',S.carter to take them baCk to Jail master.
nis he refused-to. do ; bat advised defendant to
the matter personally,with his employer.—
The defendant accoedingdy waited on Mr. Lar-
man-, whom he wished to receive the unsound trus-
ses. Plaintiff wotild. not 4ree to that, but offered
toAttake him a fair compensation for them. This
offer, however; Mr. Flower would not accept; and
he observed to plaintiff, if he did not choose to take
-the damaged clover back, -he would not pay him
.for any of it. oi.. the 11th of February he procured
a summons from the Lambeth-street Office, for a
person of the name of Brown, as the alleged sales-
man of the hay, and= he was fined by the Magis-
trates 2s. Gd. for each of the damaged trusses, and
9s. Gd. costs—part of which was. .put into the
pocket of Floirrer, who had never offered to pay
for any part of the property dins obtained.—
The. fine and costs Larman had repaid. to Mr.
Bros n ; and the plaintiff's Counsel argued; that
the money' thus
,obtained by Flower might fie
considered as an allowance for the . damaged

clover.
Mr. GAERO'V, for the defendant, said, that a
gross fraud was sought to be exercised against his.
client, and the person practising it ought not to
be allowed to profit by his unfair dealing. He
contended, that the defendant had a right, even at
the latest moment, when the transaction appeared
manifestly unfair, to .renounce the contract altb-
gether.
Lord ELLANababvbx-a--" Ifyou require justice,
.you must also do justice. It was in the power of
the defendant, when the cloVer was sent to him,
to have returned both the good and the bad, and to
have avoided the `contract—but as he has made his
election, and kept the property, he is answerable
for it."
Verdict for the plaintiff—Damages 61. 6s.
READ V. HUTCHINGS.
Thins was an action of slander between parties,
who called themselves hair-merchants and whole-
Sale perfumers.
The plaintiff belonged to the house of West and
Read, in Bishopsgate-street, and ,the defendant
had been their servant ; but upon their refusal to
take him in as partner, he had set up for himself
in, the same street. The words were spoken to
the defendant's shopman, and were. as follow :
" impossible for the house of West and Read
to stand. It must go. It must become Insolvent.
They must break, for Read is robbing it daily by
taking out tortoise-shell combo, silk purses, and
other articles. This he does without the know
ledge of Mr. West, and sells them on his journies,
and pockets the money for his. own private use.
He's. a fool amidst it all ; for he was fool enough
to acknowledge before me, and-others, that he
had exchanged the articles for a shawl for Mrs.
Read, and that he did without the knowledge of
Mr. West. I have known him to rob the house
of three guineas a day, by taking the money from
the till which I kept, and not accounting for it in
the cash-hook." . Upon the defendant's repeating
these words a second time to the witness in. his
wife's presence,,she reproved him ' • Upon which'
he replied, r" he would be d---d if he eared-who
beard. them.; for they were true, and he could
•
, prove them.-
The defendant, however, did not now justify,
but denied the words.
Lord ELLENBOROUGH rested the case-upon the
Jury's belief of the witness, who bad been dis-
missed the defendant's service, and who, .when
called upon /by his Lordship to repeat the long
slander, gave it again nearly word for word, al-
though he had- never written it -down. 'His Lord-
- ship commented upon the improbability of the de-
fendant's asserting the insecurity of the plaintiff's
house in so many forms of words ; and thought
the presumption was, that the witness had aggre-
gated,into one speech all that he had' ever heard
his master say. Some observations also arose up-
on the manner of the witness, which was con-
temptuous towardabis master ; and the Jury,/not
believing him,: found their verdict fOr the defen-
dant. • ~

COURT OF COMMON PLEAS, MAY 27.

LEVI V. BARNES.

This was an' action brought to recover a sum of
money amounting to 461. represented to be the
total' value of household goods furnished, and
money lent to the defendant. -
Mr. Levi was a jeweller, and Mr. Barnes
butcher. They had formed an acquaintanceship
at Woolwich, which was continued on their ar-
rival in London. During the month' of. Septem
her last year, the latter called upon Mr. Levi, and,
in the presence of a person•called Harp, requested
de loan of 201. which was immediately complied
with. It also appeared, that Mr. Barnes, at a
period immediately following, procured a sum of
101. from a sister of Mr:Levi, agreeable to in.-
' structions which she had received from her brb-
ther. Afterwards a pair of pocket pistols, a few
spoons, any imitation marble time-piece, and a
bedstead, the whole valued at'l6l. in the presence
of Mr_ Barnes, were pi•ovided.at his request.
The 'delivery of -these several parcels of money
and goods were proved; hut no receipts on either
side were produced. . 'The defendant had acknow-
ledged the receipt of the goods only,. which he va-
lued at 131. and paid the money into Court. Re
resisted payment of loan on the simple ground
that he had never received it.
Mr. Serjeant BEST, who was Counsel for the
defehdant, maintained, that the' whole of the pre-
tended.-loan was a misconception, and that very
little faith could be attached to the veracity of the
witnesses; . Besides, the plaintiff and his sister

were Israelites., a nation no wise prone td part with
their money, without having a very good receipt
for the same. The money tad been proved as paid
at several and distinct times) whereas, in 'their
bill Of particulars, it was desciibed to have been
furnished all at one :time, and interest charged
upon it accordingly, a,circuinstance that smacked
strongly of usury. He asserted, that the, godds
were not more than the half of their represented
value, and he produced a merchant, who said they
were worth about 91.

The LORD CHIEF JUSTICE, ad4essing himself
to the Jury, raid, that the whole was of so intri-:
cate and perplex,ed a description, that to refer it
to the arbitration of some sagacious person would
be a very desirable thing ; before him the parties
could confront each other, and he would have
some hopes of reaching the truth ; at present it
seemed impossible. To him it appeared a very
'curious and strange -circumstance, that so much
money should be lent by Levi without taking any
receipt for the same, permitting the whole chance
of finding it again to rest upon one witness, who
might
,happen to die, when the money would
be
lost, save -for the honesty of the defendant. It
was somewhat singular too that Levi's sister; who
was commissioned by him to, furnish the 'defendant
-with 101. did not take a receipt for giving the same
'away, for how could she hope to convince her'bro-
ther had he questioned her vera-zity but by pro-
ducing the receipt. Interest, too, appeared charged
upon the money as if the whole had been lent at
'one time ; whereas-, by the evidence, the tithes of
lending' were divided. That contradictory :-evi-
dence created'doubt and hesitation upon the mind,
and one was almost prepared to question the au-
thenticity of a transaction for which there were
neither note nor memorandum.

The Jury retired for half an hour, and returned
a verdict of 301. to the plaintiff.
The LORD_CIIIEF JUSTICE said, that his private
opinion of the plaintiff's witnesses was, that he
did not believe on§ word they said.
The Jury mentioned that they had valued the
goods at 101. a circumstance which lessened the
verdict of 301. to 271. which was accordingly re-
turned.

A - requisition having been • presented to the.
Mayor of Maidstone, from a considerable number
of the most respectable of the inhabitants, to call
a meeting for the purpose of resolving upon an
Address. of. Condolence to the.. Prince Regent, on
the horrid assassination of the rate Right lion.
Spencer Perceval, the meeting took place, ac-
corclingly, on Tuesday last; whenthe Address was
read- and unanimously agreed upon. It is to be
presented to the Prince Regent by the Recorder of
Maidstone, and the two Members for the Borough..
On Tuesday last .there was a very numerous
and highly respectable Meeting of the Nobility,
Gentry, Clergy, and Freeholders of the County,
at Northampton, when it was unanimously re-
solved to present a dutiful and loyal Address to the-
Prince Regent expressive of their horror and 'de-
tcztation. at the unexampled and atrocious act of
assassination on the person of the late Right Ho-
nourable Spencer Perceval, by which, his Royal
Highness was deprived of a feiti:ful
servant, and
the public of a wise and upright I\lin-4.r.
A tempest of thunder, lightning, and ruin,
was felt through an extensive distiiet, eastward
from Bedford, as far as Wisbech and some parts
of Norfolk, on Thursday se'nnight. Two horses
were killed by the lightning, near Wisbech; and
at.Witcham (in. the Isle) a barn cull of wheat and
a bean-stack Were set fire to and consumed. The
same day, about noon, a tremendous storm of
rain, accompanied with thunder and lightning,
came on at Shepton Mallet, .Somersetshire; and
continued falling in torrents fOr about an hour..
In about a quarter of an hour afterwards, either
from the water running from the hills, or, as is:
conjectured, from the bursting of a thunder cloud
or water-spout upon, a hill a little to the eastward
of the town, from which the water descended in
torrents, the lower part ,of the town. was coin-
pletely inundated. Very serious losses have been
sustained ; and the pobr people whose houses lay,
nearthe Liver are almost ruined, the greatest part
of 'their goods being carried away. A liberal
subscription for their relief has been raised amongst
the principal inhabitants. •
Some weeks ago, • as four men were crossing the
water 'of Girvan,' near Killochan, in a very small
beat, steered by means of a long pole,•ethey were
upset and precipitated to the bottom of a pool. ten
feet deep. Not being used to swim, three of them
would infallibly have been drowned (for they rose
repeatedly to the surface of the water and again
sunk), had not the steersman, who reached the
shore by means of the role, devised means of pre-
serving theUe. He put the end of the pole into the
pool, which was seized by one of those in jeopardy,
who held fast,. a second seized him by the leg; and
the third caught him by the foot. Thus they were
dragged ashore in a very exhaußed state, and con-
veyed to a farm bOuse, where every cordial suited
to their respective cases was administered, with
success.

Pedestrianism.—Wednesday. afternoon a yoUng
man, of the name of Whitehouse, a hair-dresser,
undertook, for a wager of ten pOunds, to go on
foot from St. John-street, West Smithfield, to
Barnet, in HertS, and back again, in two hours
and a half, the distance of ground being 22 miles ;
he started at five o'clock, when the odds were
against him 5 to 3 ; he reached Highgate at 25
Minutes past five, takit/3. a glass of rum,—pursued
his journey, and aniveg at Barnet 12 minutes past
six ; took .some small refi,ranent, started, after
stopping a few Mir. utes,, afresh on his return,
stopped to rest at Ifollowa.:, being very much
tigtied, but per ,tvering in his undettaking, he
completed his m ager, within half a minute of the
time allowed : a great man'; bets were depending
upon the issue.
A walking ni2xch, for fift y
_guineas, will take'
place to-morrow morning, at seven o'clock, be-
twixt Golding, a -Lancashire pedestrian, and one
,from, the-neighbourhood of Uxbridge. The men
will start three ttiles from Tyburn-turnpike, and
walk one hour towards Southall. The winner is
backed to do six miles and a half.

to assist the poor of their workmen ?--Thq

could.
Are they in the same circumstances at present ?.
—Many of them' are, and many of them are not.
Is the same relief afforded in point of fact ?
From the master-Manufacturers, I shall" conceive
at present, ^a very, 'considerable portion of relief
has hitherto been-afforded.
Have the master-manufacturers now turned
many their. hands out 'of employ There are
many of them turned outer employ.certainly, ba-
the number that are turned out is nothing like 's'o
great as, will be in a short time, unless the trade
opens.
Of those-men th)at are retained in employment,
do you know whether the wages haVe been diMi- .
nished.?-2:The nominal wages I consider have nut
been diminished.",
In reality have the hands' earned as itruch.V6os
per week as usual ?—Certainly not, because tue
work is done by piecework in general, and
by daywork ; not the nominal price, but the ac-
tual price. -
Then. is the Committee to understand that thi
result is a workman, receives less in a week than
he formerly did ?—Certainly so.
In what proportion ?—I should conceive as 20 is
to 35.
The witness then corroborates the evidence of
the preceding witnesses, as to the accumulation
in the hands of the manufacturers, and as to the
difficulties incurred by. them in 'consequence. He
also confirms the opinion. given by the former
witnesses, that in the event of things not taking
a favourable turn, the master Manufacturers must
discharge their workmen.
He afterwards goes on to state the temporary
improvement of the trade in the fall' of 1800, and
the fall of 1810. The chief emigration Of hands.
took place in 1811, •as he kneW of Init 'one in-
stance before.: the emigration, as he understood;
was to America.
With respect to the trade to thd" Continent, the-
examination is—
Do you happen to' know in what state the Con.;
tinental market is, as it respects the .I.:irmingilain
• manufacturers ?—We have had a very trifling tratif
'to the Continent lately.
'Has it decreased ?—Yes, most rapidly
have very little left ;it used-to be .ourgreat frade.
'B,‘Then do you mean it was• your great trade ?--
Previous 'to the War in which iv'e are engaged. •
There has been substituted in the place of that
allude to. the United States of America ?—Yes,
-Has that b`;-',:en -a- regular and increasing trade
regular and increasing trade.
Have the paymenti J)een good ?.—Eicceedinglir
regular and good. .
Have they been improving in regularity?-;!,
They have alWayS heen'regular ever since I knew
there.. . , •
Have they sed in promptness ?—Certairt.;
ly they have increase;:, ;U promptness sirme
knew them. - 1-•
Is there any part of the worts in w
hich the 14
tirns are made more promptly ti ln from Alll4'-'
?--None more regularly, certacni;r• • •
Then thiS market having increased, the
rental market, for the last twenty years o;• thcfe-,
about' has been falling off ?-1t has been gr":
dually falling_ off,_ and is now almost extinct i;-`
the town of Birmingham.
Since the year 1808, has the declension of the
Continental market gone on, or been put a sty?
to ?—Certainly it has not increased ; it has rather
declined. •
The Continental market -has in no wise itri
proved since 1808 ?—ln no wise improved, eel'
tainly.

(To be continued.)

- On Wednesday an inquest was held at a pub
house in Pall-Mall, on the body of a new-bol
infant: The child was found in the coal hole °
a Gentleman's house, in Pall-Mail, ,stiff aline'
but so much bruised, that it died in the course 9/
a few hours. The Jury returned a verdict °
killing and slaying against the Unnatural"mothet'e,
who was eODk in the Gentleman's family, and sy`
was conveyed to St. James's Work-house.
• A Scotch-bred fell ewec.the property of gr•l4.;;
Noble; of Langdale, Westmorland, produced so'
lambs within the last twelve months, which is.
instance of fecundity perhaps never before kali,
to have occurred amongst that species
.in tll

country.
- Last Week was slaughtered at Market Itarisiini\f'
by Messrs. Thornton and Wright, a .wondellu'n'r
handsOme heifer (n&ver having had a. coif, 11:4-.
eaten-mire than 14 tons of oil cake) bred and
by Mr. Thomas Lambert, of Osgodby, wilicTie
weighed 106 stone (1416. to the stone), 16 stoea
13 pounds looSe fat : she very much reseal/1
pay's Durham ox, being ofthe same breed

BIRTH,
On Friday evening last, tire Lady of John' Little, 94.
Cripplegate-House, -Worcester, of a Daughter.

. , . MARRIED.
osilelds'
On the Ilst inst. at Camberwell, Mr. John R. 13°,..-,, 001
of St. Mary Axe, to Sarah, fifth da'hghter of the late .I.'°
Snfith, .r.siril. of Haile-place, Maidstone, Kent. at VI
- Yesterday, at St.-George's;Blocanshttry,
of Chancery-lane, to iVlis4 Parke, daughter of the late Sal''
Parke, Esq. of GrzOnby Lodge. eicestershire. e 11°°,i
The sarint day, by. special license, at Chelsea, til vr
, Thomas Cranley Onslow, second son of the'Rigal-leiii titte.
J. P. VinCe- ',Lit
Viscount Cranley,to Miss Hillier, second and.younge't Ica-stuV
ter and co-heiress of the late Nathaniel Hillier, Est' `)" * ;
Park, .near Guildford, in Surrey. . -s- Aroel3'
I. Lately,• Charles Wynne Griffith ,Wrnne, Esq. 0. . ~.I ,I,°.
i Hall, Denbighshire, eldest son of the lion. Charles.roitoliejf
Sarah, the daughter. of the RtiV.lienry Hillard, of St
Yorkshire. ,
__.---------'-;/

• DIED. ht
On the 6th inst. at Tei mouth, Devon, 'M
R An 'Mrs.
of Captain Wight, .N. d daughter of Admiral Sch3:looY
On Saturday last, at Dawlish, Anne, the wife of 1
Tindal,-Esq. of Aylesbury; in the 27th year of 'ner
Yesterday morning, at Croydon, John
the 89th year of his age. •

PRICE OF - STOCKS YESTERDAY.
Bank Stock, 2.23-1 224 -India Stock, 1751 ,
par, Is. P" . do 9
Navy 5 per Cent. 92iii- India Bonds, ti P
t .e'
ri
4 per Cent. 75it 75 x.c
3 per'Cent. Iced. 601 ii ' . pahreg,is.iii)irs.,-31d: P 44'
3 per Cent.. Cons. 610 ali 4s. ss. pr. . „Illi
Bank L. Ann. 151 7-16ths - Cons. for Opeang, "

HIGH WATER AT LONDON-BRIDGE TO-MOllO
°-
5.
Morning, 45 mitt. after 4. j Evening, 12 min.. 0