The Sun.
London, England, 1815-02-17 00:00:00

,fr. C JILT OF
.C.:OIAI'.‘I,9N 11,,1f S, FED-. 16.

.
S9j;TH6Ol"f. ,
DITCH.BuIt V. GOLDSMITH.
~..Mr,..(.km-pßst.l,, in opening the jieadings, stat-
tsl„.rhtliitt w:as..an..act..iun on a- vc.ozey lint On.the
511):414yzot..,`Splateniker.,:f§14,•:Wkreby the defen-
dpp.x, hctte.a,the plai4tia.oo.l„to,l:o,o/.,thaiJOanna
SAtAh.cott detivered.of Makchild.bCr.
fore the Ist tiny of Novel-111)er then next ensnini.
As soon as he had finis-hell,
Serjecnit ONSLOW, for the accordant, contended,

tbilf .1111 S \V tS n •tia11,..0

a Court of Justice, as Icad:ng to indecent evi-
dence, and Illtlking disclosures injurious to the
feelings of individuals.; and he. refcried to• nH
Costa against -Jones:, .in which Lords l'slausfield-
held that an action could eot h.e tili,intailied ou a,
wager on the sex of the C.110'014:1. d'i!,4n. .
Serjeant • BI:,T fur the plaint • said. the.,re
would be no tendency to indecent evidence in this•
case. HaVing proved the het, he should she• by..
the evidence of • a niebliciir geutlematis; that ;this.
4ktit 1, cut t was not delivered 'Ol. Winale child before.
the Ist of Noveniber, and.thereupombe should:be,.
entitled to a verdict fur the sum of 200/. It did
not even appear that Joanna was a single wofuan.
The defendant to be sure,', who was one; of her
preachers, had stated in a lectbre that she was • to
be married. by proxy ; but she might prdviottsly
have-n husband living fur all that. •
-Mr. CAMPBELL added, that in • the very-ease
cited of Da Costa against Jones, Lord ManSfield
said there would be no!ling illegal in a wager,
whether the 'next child •.a avomali should- have
be a boy or a girl. The. piesent wager
require no.further evidence limn would be
necessary in that case, and in truth amonnted to
no 'lime than n wager that Mrs. Southcott's child,
if she had one before the Ist of .November., should.
not be a boy.

Chief Justice GlEDS.—There is a clear distinc-
tion between the present case and that, which
Mr. Campbell himself must perceive.. I am con-
vinced that this is not-a ,proper cause to be tried ;
but I do not like to stop it in limine: l& it go on,
and I lope it may lead -to nutting. an end to ac-
tions on all such ,wagers, by tbe interposition of
the Legislature. However, I hope the, Counsel
trill feel it their duty-to-confine: themselves strictly;
to the evidence of: the case, withoiit travelling
into matters connected with it, which were cal-
ciliated to excite disgust and: indignation.
Serjtinq 'BEST said, be, considered the transac-
tion out-of which the wager arose a disgrace to
the country. His client, the plaintiff-was of the
same opinion, and his object inlaying the wager
was to assist in exposing' the imposture practised
upon the public. The defendant was one of Jo-alma's -wannest admirers and supporters. Both
parties resided at Gravesend ia.Kent. -The de-
fendant pretended to be so firmly convinced of the
pregnancy of Joanna, t:iat he offered any odds
she would-be delivered of a son before the first f
November. Accordingly the present wager was
laid, of 200/. to 1001. It was written on the back'
of a Bank. of England Note, which was lodged in
the hands of a- stakeholder as a deposit. Parson
Tozer had-been itiliptenaed to prove that Joanna
had no-child ; hut unfortunately he was in costa'
dy in the King's Bench prison. However? the
fact would be established by'the evidence of Dr.
Heeet, and Mrs.. Ann Underwood, her 'female
attendant. A Gentleman of the name of Gordon
then proved that he. was present when the wager
Was made, and that he saw the defendant sign it
on the Bank-Rote.
Dr. REF.cf: swore, that he attended Joanna
Souchcott professionally, and that she had no,
child before the Ist of, November. Being cross-
examined by Sedeant ONstow, he said, that al-
though she was called Mrs. Southcott, she passed
as a single woman, and that he never heard 'of
her having any husband.
Chief Justice Grsßs.—l think I am now fully
warranted in stopping the trial'. Until it ap-
peared that this- was a single womarr, I suffered
it to proceed. But can it. be endured that an in-
quiry should be made in a Court of instiee„ whe-
ther an unmarried woman has- bad ahastard. I
Lo
rd
Loughborough upon-tiro siMilar occasions,
Loughborough and Lord Ellenh.orough.refused to
try actions upon wagers,,-and ..,1 think 1 cannot do
batter than to follOw.thcir example.'
Mr. CANPE.F.r..t said; these two Judgeshad cer-
tainly refused to try actions on wagers on sUbjects_
not fit to be. investigated in Courts of-JuStice,tind,
-their conduct had 'it‘t erwarth .beenf.appftWed of by
-the Courts. in. which they respeCtively presided.
But fit submitted that this Was not a cause of that
description: It might be adMitted that generall
an action could not be maintaiOetl npon the tines-
`tion, .-wkether' an .uninarlied., woman has had a
because that must be very injurious to her
:'character, and. the .lionour.Of her Heye,
however, no Stich conSegnences ;could be. apPre7.
jientled.; -for if iris.LoisliiPsnfrered the cause to
go on, it. would apm:r. that Ali-s;Sout.heott is
!dead';- so that her feelings ,can.no luri cr be in;•
`jured ; and that in her lifetiine, far from. dread,.
ing'an examination of,this Spit, 'she had, ',publicly
professed 'that she, was-pregnant, she bad courted
enquiry into ;the fact; and- Gan 'prophesiedshe
would be,delivered of a son before the
v Ist-ofNO-
einber; while site herself was still unmarried and.
_ .•

.•
3173T1CE GiEBS.—So Whetlier rn ato sit
here tot ry this cause is to depend upon the notions
of chastity, or the state of intellect of the party
who is the subject of ihe.wager.: NO.! The cir-
cumstance of-her being unmarried immediately de-
-
Cides 1114,: to. put .a stop to the,trial.
SERJE:tis;T ONSLONV diet) insisted that the plain-
tifl should be nonsuited ; hut the opposite Coun-
sel, although they declined to Press his:l...at-chili')
any further to tiv the cause, refused to be non-
suited,. as they had proved theii case. •

CHIEF JIJSTICE G 11385.--•-1 will uvlie no order
upon die suujeet. Cill the next cause.

OLD II A I I.,Er; FEB. 16.

The trials of yesterday wore unimportant, and
the Court rose.early, until the evening, for want
of business.

The• Judges gave an opinion in the-c;ke of Bennet' and •
Tromwell, which had been reserved. - The prisotiers:had been
convicted. of hnrglary, but judgment -was respited. The
opinion was, the case did pot amount to burglary, and as no
goods were stblett, they were orderedto he ditatargerl.•
• James Driver was capitally convicted of feloniously.bein;
at large iu this couhtry; after having 'been transported for
life. The prisoner was convicted in April Sessions, 1811, of
stealing in a dwelling-house.
Josi•ph Curtis was capitalle courictesi • for • stealing in. the
dwelling-house of Wm. Burghers, •a great coat, the pr?perty..
of Wm. Burn, and after Wards burglariously breaking the said
dwelling-house to 0 out of thy! same. -
John Lintliav, a gardOner in the employment of the Duke
ot.St.,Alban's, was coniieted of stealing an aNe and divers
other carpenter's tools, and a jacket, from an out-house upon
the prenuses of his Grace, on the i 4th of January.
1111 Th Farrel; age.d' 10= :John "Puma, agtd 14 and Stephen
Webb; aged 15 years;. were-capitally. indicted for stealing in
the dwelling-house of Geo. Spencer,-in the parish of St. Cites,
a silver watch and a pair-of shoes, on Cue Ist of February.

1~: Ilk

CORONER'S INGIVEST.-011 Wednesday evening
litgoest was held at the Old SWan public house,
Swan-stairil London-bridge, before A. SuEt.ToN,
Esq. Coronet tor. London, on the body of RICHARD
DEAKIN, who was found drowned in the Oyer
Thames'on'TneSday morning last'. •
Sohn; anti William, Cross deposed, that they •
were fishermen, and on luesday morning early
were dragging for some sack's of corn,. lost frock
barge. iirthe riser, and between the second locK
unetr the'litidgß-thefttrogg-ed'up'the body:' of the
deceased.; be.appeared to be on the sand at the
bottom*, from the appearance of his shoes, and the
knees of his •breeclie3.; he had Is. in silver, a. 114
Sd. in copper., •but no watch, handkerchief, or
pocket-book ; they took him to,Swan-stairs.
J. I'robart deposed; that be was clerk and ware-
bouseniani to the deceased, who kept a AvJre-
howe at-9,l;.Wutlinpstrect, in the Manchester.
line ;, he also kept lodgings in Neol's-court,Due-
tor's-eAmpons, where witness was with himiast
TOsday fortnight, and had some brandy and sva=.
ter' with hid) 5 he told witness he should go into'.
*the Borough that evening, as he must attend at ..
Guildhall the next day, where he should be de-
tained' for some tine : no - appearing as usual'
next morning at the warehouse, witness• made
inquiries respecting him, when the following let-
ter, here produced, was.found in his room :
'" I am danitied sorry I dill tuft do your business ; I thouelA
I did, kint this remains for another brush; you well remember.
refnsing nee 'credit; an'd preventing Ire b,retting-goods;refusid; '
a•recummendation: then I swore 1 would be terengcd.
"Shepherd and Shepherdess-fields, Jan. It. "J. M. T.7
This witiiess•heing asked by one of the Jury,
whether that Was the Mr. Deakin who bad beet;
so ill used five w;eekS ago, answered in the affirma-
tive; he was araiii'aSked if he knew any thing of
that matter ? Witness replied, that the morning
after that transaction a man came to him very'•
early with- one'of Mr. D..'s cards ; iii consequence
of which he went and found him surrounded bya:
great:number of people, who did notoffer to render
him any assistance, 'in a ditch in the Shepherd
and Shepheidess Fields, 'With his clothes nearly'.
torn ills body, and a rope round his neck ; Ito
had him conveyedrto the Britannia public-house;
where he taken care of., lie was then askeJ
if Mr. D. received any.bodily injury ?, He' said
he received a great contusiJri on the back of big
head, to which Dr. Younghad applied 12 leeches,
•arid that he had a mark from the rope in his neck,
which be frequently said was benumbed, arid
shOrt,.thati he was at .tlincS quite in a low anti'
deSpOinfing stale,, compared With what he wag
before the- circumstance. happened.
Samuel Cook, porter to the deceased, corrobo
rated the above evidence,.and added, that the de-
ceased was a man of Very penurious habits ; that
he often had a pint of beer and a biscuit, because'
he, would not go out to /dinner.; that be thought.
he did not dine the •day betoreile was missing, or
for six. days : he was a bachelor, about 50 years
of age, and was particularly -attentive to bu"
siness.
The Jury thew had three points to consider
first, whether Mr. p. from the recent Ireatment •
he received, was' insane, and drowned himself).
or whether be stet any of' the apparent enemies,
who sent the
.letter and 'used him ill, and after'
wards had thrown bins into the river : or whether
be fell into the river, and was drowned, as oa.
viewing the body, , it appeared he received a liot
lent blow on the forehead, which made his nose
swell, and which very possibly be might have re'
eeived in eiti,er of tlit above circumstances boy,'
ever, as no proof cOnld be produced of either, the
,Tory returned their verdict—Found accidentall
drozilned.

REcomign's'REPOßT..;—Yestertlay the Recorder
reported to the PRINCE •REGENT the followiog
-Capital Convicts in Newgate, viz.=—
Henry: Penman, Joint Tisleyoloseph King, Carl _Plurablic:'
Thomas Reynolds, James Donnliou, Patrick Nowlan, `11!7,4'
D OWL:11, John Angler, ThOluas Tassel, Joseph-Hoare,
AVaters, anti 141ic1tael Seaysbrook for burglary—Mary Blake'
El (Claw. 'Smith, Elietbetit LaMbert, Thomas I{rells,Catlierint.,
'Frear, Elizabeth I.}enlnun,• George M'Nlanus., fur private,
'
stealing inn shot—James Kettle and John Reeves-, for btf,:,
IticC, Tar stealing ilia dwellinphonse-,-4°21,:$
'Murphy,- alias Gale, John Leary, Greed), Jo"'
• Hedger, Elizabeth. Phillips, Thomas James, Mary 005,
-Martha Malihla Whitaker, for like 'offences—Mary. Rnssi.o;
Charlotte' Stanley, alias-11E05i; and Mary Luscontist al d'
'Miller, fur uttering batuonev—James•Seagrim and WOOL',
Moore, for a robbery in a field-Robert Roberts, for
clotudy cutting—Robert Turnbull, for stealiitg goods froz for
wharf-,Tichard Jones, William JoneS, John Treble, p;
stealing privately in -sinso,—Robert Holton, for horse st'tr
ing—John Neal( James Thompson, and John Egleton,
privately stealing in shops,--Uobert Coaling; 'for .litir3far,

and4rd Worley, for sheep stealing.- --
'
When Seagrini and Moore were ordered for We:
cuticin oii Wednesday. next. The others we'. •
respited during pleasute.
.Last week, as Mr. WALLACE, of the sloop re ggil
of Aberdeen, tva.s passing along' the quay at liars
to go on board his' Vessel, he felt into the tide, II"'
was unfortunately drOwned. Another shipatsrel
in•ebinpany with lriria, . also felt over the quay., 311
was with difficulty savelL

BIRTHS.
On
• Mondayof Wit'
last, in Great George-street, the Lady
Ham Irving, hsci, of a son. . II Ai
Uri Tile§day , *th : e Vicarage,,Dagenhatu, Essex,•Mrg• —*
.
Ruwlatt, of a son.
_.,....

.• ob°,
On Thursday, the 9th inst. atMATUUER
East Bergholt, Suffolk., J
No,
Willtimurt;Estr. of the Holt; E. I. Co.'s Se.rvice, toAnnft:
daughter of .the late Ti urea Glover foven,
I'Lstetilay, at St'. Mat tin's Chnitti,•.l.- C. tlaws, Esq. ",..,ort,
East-India House, to Miss S. Wyhouru, of Craig
Charing-cross.

„DIED. . ~ho'
In Milsom-street, Bath, after an illness of ten da,"4, ' of
mas.itoberts, jun. Esq: Only. son of thrusts Ruheas,4l''4.
Charterhouse-square.
Lately, in.ltitly; LadV Maynard,' • i...r nrCP
On the 4th inst. at Woodcut!, PerthAire, Patrieli: L'e
Esq. of Woodend, aged t-.1-years: ' ' eh/
Tbe satue day; at his house in lletiat-rowi EdiniAl °
Alexander Donaldson, Esq. '
~. nrier
..ou•the ith inst. atAnstrutlicr, Scotland; Liei.Aenant ve-
Manson, Itoyal Nary. b't
On Friday last, -Dr, Nloylan, the titular Bishop of C's.
his residence in-that City, in the SOth year. of his age. -o"fir
•On the tith ult. at Lisbon, John Young; Esq. 'POPO .;
and Publisher of the hvenress-Jonrn al: • of
On TUesdaY laSt, aged 58 years, the Rev. Jos. Grillit” f
Farley,. • ' • . - . s;b'
On the-last of December last, at l'i,lermo, Mr. Walter
bald, of Leith. - ......!%1
-

•
LONDON Printed byJ. CfS J. B. CARSTAIRS, No. 7,
buildinp; and pnGlished liy W. A. SCRIPPS, of
at the StrN-OprreF.. No. 142, Strand ; where Atioite3,
.Tuents, Or.krif Letters (po'sv.paiii), ust'hc addle