The Sun.
London, England, 1824-12-18 00:00:00

UNIVERSITY INTELLIGENCE.

LAW INTELLIGENCE.

COURT OF.CHANCERY, DEC. 17.
ATTORNEY-GENERAL V. TRRELFALL.

'This case was only worthy of notice for being an example of
the extraordinary eagerness for litigation, which obscures even
the sense of self-interest in some folks. The object of conten-1
tion is a piece of moor-land, in Lancashire, 4 feet by .10, urn
which the.gable-end of a cottage stands. ?be A ttorney-C4endral
claims it a.s.part of a trust of a charity to 4hich tit( contiguoits,
land is appropriated. Therelintboen original liilrand answer
—trial at law and argument—new hearing in Chancery—new
trial and new argument —and the present proceedings are in
another hearing in equitY, far another new trial ; the whole
aided oud nicely shaded and obscured by evidence of every
kind, written andoral, positive and conjectural, direct and tra-
ditiOnal, respecting-the wall and the building—the nature of
the land, whether virgin earth or manured—added or original
—on a slope or on a level, and so forth.

The •Ilonn CHANCELLOR observed upon the tutu for law
which had prevailed in urging on the case. The rent of the
land wases., which, taken at ISO years' purchase, would pay
half the fees of this morning. At en improved rent, computed
at 41. a-year,2oo/., perhaps the amount would defray one-tenth
of the costs.of the suit.
His Lordship's statementwas too modestly calculated, if the
rumour among the professional people be correct, that the en-
tire expences, including suits of law and equity, have already
reached the sum 0f'7,0001.

VICE-CHANCELLOR'S COURT, DEC. 17.
This Court was occupied in partly hearing a cause of no
public importance.

Oxvonn, DEC. 17.-LThe names of those Candidates who,
at the close of the Public Examinations this Term, were ad-
mitted by the Public Examiners into the First and *ond
Classes of Literte Ibenwniarce and Discfplina: Matheaudim
et Physiece respectively, according to the alphabetical arrange-
ment in each class prescribed by the statute, stand as follow :
In the First Class if Literm liantaniores.
Hussey, Robert, Christ Church
Philpot, Joseph C. Worcester
Plumptre, Henry, University •
Vernon, Egerton Venables, Christ Church
In the First Class of Thscif. 211allscnwt. et Phys.
Orentell, Algernon, University
Hussey, Hobert, Chris: Church
Vernon, Egerton Venables, Christ Church
In the Second Class of Litcrte Ilunatniores.
Adams, George, Queen's
Boraston, Gregory 11. Queen's
Bowman, Frederick, Exeter •
Dallas, Robert Charles, Oriel
Des Voeux, Charles, Oriel
Fronde, Richard Durrell, Oriel
Orenfell, Algermin, University
Higgins, Edward, Brasenose
lloblyn, Richard D. Minot
Pears, James R. Magdalen
Piumer, Henry, Balliol
Ryder, Henry D. Oriel
Strong, Edmund, Exeter
Townsend, William, Queen's
Wigley, Charles M. Balliol
Woodhouse, George W. St. Mary Hall.
In the Second Class of Discip. Mathensat. et Phys.
Adams, George, Queen's
Fronde, Richard 11 urrell, Oriel
Littlehales, Bendall, Oriel.
Lit. Hum.
I)uppa, Baldwin Francis, Brasenose.
Ferrets, Nmby .1. Oriel
Fowlellenry, University
Ilarrison, Henry R, Lincoln • .
Lane, Samuel, Exeter
Jaitham, Richard, Brasenose
Legge, William, Christ Church
Meyers, John; University
Platt, Samuel, Magdalen Hull
Robinson, David, Queen's
Round, Joseph, Balliol
..Thresher, Philip, University.
13. P. Sutions,
J. E. TYLER, ( Public Examiners.
T. V. Smoot,
•C. A. OGILVIE'
The number of candidates who were not admitted into the
above classes, but who were nevertheless adjudged worthy of
their Degrees, amounted to seventy-seven.
The total number of Degrees conferred during Michaelmas
Term was was—.D. D., 3; D.C.14., 1 ; 4 ; 8.C.L., 3 ;
13. Med., 1 ; M.A., 34 ; 8.A., 114 ; incorporation, 8.C.L., 1.
On Friday the following Dogrees were conferred :
Doctor in Divinity.—Rev. Thomas Cox, Trinity.
Bachelor in .Divinity.—ltev. Richard Walker, Fellow of
Magdalen.
Masters nf Arts.—Rev. John Butt, Lincoln ; George Grim-
stead, Magdalen.
.

Bachclori of Arts,---Joseph Webb, Wadham ; Ilenry Wood,
Mafillalen [fall ; James Robert Pears, Dow of Magdalen ;
William \Tin"' Retry, Exeter; Rev. George Parry Hollis,
St. Alban hill ; William Charles Townsend, Queen's; John
Edward Latimer, blerton.
On the same day,
in eollV(lcation, the nomination of Ste.
phen Peter Itigaud,
Esq. 51. A. and Savilian Professor of Geo.
metry, to be a Delegate of the Clarendon Press, was unani.
mously agreed to.
ECCLESIASTICAL P ME F.llllEli
• Wednesday se'nnight the Rev. Oeortte Upvili was instituted
to theJtectory of liornblotton, Sontersetshire, void by the re.
signation of the Rev. J. R. Roberts, on the presentation of J.
Roberts, Esq. of Barnstaple. •
The Rev. Richard Baty, to the. Free Grammar school of
Bedale Yorkshire.
The Rev. Liscombe Clarke has been presented, br the War.
den and Fellows of (Winchester College, to the \ le:ire-Ka of
Downton, Wilts, vice the Rev. Thomas Lear, resigned. s.
The Lord Bishop okit. David's lies been pleased to licence
the Rev. David Archard Williams to the Mastership of the
Carmarthen Free Grammar School, to which he was nominated
by the Mayor and Common Council of the said Borough, vice
the Rev. T. Hancock, deceased.
.The Rev. David Davies, late curate of Newport, has been
collated by the Lord Bishop of St. Daviin; to the vicarage of
Llanboidy, in the county of Carmarthen, vacatod by the, death
of the .Rev. John Jones.
The Rev. \Villiani Carwithen M.A., has been preferred to
the rectory of A Ml:Mews .4)ll.•tbo:Waliti, in Exeter, -onithe pre-
sentation of the King,- and to tho rectory of :11anatori, Devon,
on his own petition.
The Rev. 0.. W. KilAiagton, to the vicarage of Shaith, in
Yorkshire.

In .The Brighton Gazette, " Mr. F A UNTLE.
ROY'S beautiful freehold. Grecian Villa, also two
desirable pieces of building ground, the elegant
furniture, a cabinet pisuo.forte, linen, French
ebina,.a cepiial.ll .feet table, about 100
orange-trees, and other green (Louie plants," are
advertised to be sold by auction.

weight is very much diminished in roasting. The manufacture
is very expensive.
Mr. Hunt—l have a host of medical men to produce as wit-
nesses as to the wholesomeness of this corn, but the defendants
have admitted that it is not poisonous.
'This closed the case for the prosecution.
• Mr. SCARLETT now addressed the Jury for the defence.—
'rue libel had stated that the defendant had attended the Hamp-
shire Meeting for tie purpose of vilifying the gentry of the
county, and that, in his proposhig that the taxes upon leather,
coait, and other articles should be 'remosi , lead tali the
osts.
NAsseasedT,axes, he had been actuated
,bye motives of
*lntereiit, and that his pretendedsagnpfally f the poor. was
purely hypocritical. The libel stated that the plaintiff con-
sumed, in his manufactory, 150 chaldrons of coals per annum,
which was the reason for his proposing the coal-tax to be re-
moved ; and that, as the profit upon his corn, it amounted
to 300 or 400 per cent. He contended that these assertions
were within the limits of fair politiatil warfare, with a person
who, like Mr. Hunt, had courted notoriety, and who had invited
every species of discussion upon his conduct. A man who
had courted notoriety to the extent of even having his name
chalked upon the walls of London, and who, in this Court to-
day had so exposed even the most private actions of his life,
was the last to complain of anybody who had given him an op-
portunity of saying so much of himself in public. But the pro-
ceedings at the Hampshire Meeting had been published in all
the London newspapers, from whom alone the defendants hail
learnt the conduct of this Mr. Hunt. Why did he not then
proceed against the London Press ? Why did lie select a coun.
try Editor as the object of his attack ? The defendanta had
published nothing original of the case ; they had only com-
mented upon what was known to all the world. This trial had
afforded Mr. Hunt the opportunity of publishing in all the
newspapers in London that his coffee was the very best
thing in the whole world, and that the King, Lords anti
COURT OF KING'S BENCH, DEC. 17. Commons, Judges and Bishops, had approved of it. Mr.
Before the Loan CHIEF JUSTICE, and a Special Jury. hunt looked extremely well, and his health might be de-
LIBEL. rived from taking his roasted corn, but the good looks with
"INT V. st!cisCitamn it:D OTHERS, PROPRIETORS OE TIIE which he had been complimented by Mr. Hunt, certainly did
not arise from any such cause, as he had not taken any of the
BOSTON GAZETTE. coffee, Mr. Hunt not having sent him any. With respect to
At the opening of' the Coma, Mr. Henry Hunt appeared in the plaintiff's profit urion this corn, by the evidence of one of
person to conduct his suit against the defendants. He stated the witnesses, he calculated that a bushel of rye, costing 405.,
that this was an action which lie had thought proper to bring would sell for 141. Bs. when converted to coffee. With respect to
against the proprietors and publishers of the Boston Gazette the poison, the writer had not given his own opinion, he had
and Lincoln Advertiser, for a most gross and unprovoked attack only quoted from another work, and the opinion related to rye
upon his character; an attack which was calculated not only to generally, and not particularly to theplaintiff's coffee. This opt.
injure his reputatin ,r 1 but to ruin bins effectually as a man of nion of rye had been often asserted, and particularly in France
business. He would state, that in April last a public meeting before the Revolution. If a medical man were to say that any
had been called in Hampshire, to consider of the expediency of certain article of food was unwholesome, would be he ex-
petitioning the Legislature for the repeal of the Assessed Taxes. posed to actions for libels by all who dealt in those articles.
Ile had thought proper to attend that meeting, and his attend- In cases so general, the party bringing the action must at least
ante had been converted by the defendants into an opportunity prove some special damages, and which the plaintiff had not
Jury. This
of publishing the libel which he would read to the done. Some years ago a book was published, under the name
libel vilified his character in every respect; it asserted that all of Death in the Pot. It professed to show that almost every
his pretensions to
_public spirit were merely hypocritical, that he thing; used in the kitchen had something deleterious in it.—
had attended the Hampshire meeting solely for the purpose of This book frightened every body, and seemed to bring eating
debasing the characters of the gentry of the county in the esti- and drinking out of fashion. All the tradesmen in London
'nation of the vulgar, anti it proceeded to state, that his might have brought their actions against the author. He con-
feelings for the poor were hypocritical, for tie bad himself been tended, that when any author declares an article of consump-
feeding upon the distresses of the poor, by selling his roasted tion to be unwholesome, no person dealing in such article could
corn at one shilling a pound, and at a profit of three hundred bring an action for the publication, unless he could prove sonic
per cent., until a competition had obliged him to reduce the special injury sustained in consequence of it.
price Of the article to only fourpence a pound. The libel then The LORD CHIEF JusTics: observed, that the attributing
went on to state, that the roasted grain, which he sold as a of hypocrisy to the plaintiff was clearly actionable ; and that
wholesome and nutritious breakfast, was composed of an in. an action would lie for any publication, reducing the value of a
gredient which was an absolute poison. They stated, that rye man's goods, without his proving any special damage sustained
was a grain which produced great pains in the intestines, with by the publication.
violent head-aches, an inaptitude for motion, and other dip- The Jury, after a short consultation, brought in a verdict for
tressing symptoms, which attended the eating of rye-bread or , the plaintiff—Damages, Two If Undrcd Pound:.
drinking quantities of gin—a liquor into the composition of [Mr. llunt, immediately after the trial went up to Mr. Scar-
which rye was known to enter very considerably. They then lett, and presented him with a parcel of his breakfast powder,
threw out, that such mast necessarily be the consequences of which that Gentlemen accepted with great good humour. The
making use of his roasted corn as a substitute for coffee at audience were convulsed with laughter. Mr. Scarlett, having
the breakfast-table. He trusted that Mr. Scarlett would not in his speech observed that amongst the Lords, Commons,
think of passing over so serious a charge in his specious man- Bishops, and Judges who had formerly received the present
ner, and say that such observations were a nsere matter of from Mr. Hunt, he had been neglected.]
course, and did not mean to apply particularly to Mr. Hunt. 'rut: APOTHECARIES' COMPANY v. BENTLEY.
The author of the libel hail quoted as an authority for his opi- This was an action on 55 George 111., to recover penalties
nions upon rye, a book which tie called " The Cottage Myst- against the defendant for practising as an apothecary without
cian." If such a book were really in existence, let the de. a certificate from the Company of having passed an examine-
fendants now Produce it. But they had published this vile tion, and not having been in practice on or before the lit of
calumny, charginghlin with selling a poison, and, as if this was August, 1015.
not sufficient, they had trumped up a work which they called Mr. SCARLETT stated, that this action was brought by the
"'The Cottage Physician," in order to give their falsehoods the Apothecaries'Company to enforce a very wholesome law. The
stamp of truth in tne same manner that in other cases credibi- statute on which it was founded was passed to protect the public
lity would be produced by quoting such names as Coke, Little- health against the malpractice of ignorant persons who might
ton, or Ellenhorougli. .A 3 soon, as the libel had been shewn impose on the unwary, and made every man liable to a penalty
ta him, he instructed his attorney to bring the case before a of 20/. who practised without a certificate of qualification, un-
Jury, in Order to try whether this charge of his selling a dele- less he should be in the practice on the Ist of August, 1815,
and by a verdict to when the Act began to operate. There would be no doubt that
tperroi oteucst beveragehiAtrae woelrreouogri voeurtetnhoete
otiulentfctrayirom the consequence the defendant had practtsed ; and therefore the only question
of such a publication. 'rite defendants had never made any would be, whether he was within the exception which, by the
offer of compensation for the injury they had done him. What- case of " The Apothecaries' Company v. ltoby," was held Lobe
ever the Press may have said• upon him could have nothing to restricted to persons actually in practice on the Ist of Aug.lols,
do with the present action. Formerly he had been abused by and to extend to persons who might have acted befpte that
the Public Press for not attending to his private business, but I period, but had ceased to act as apothecaries. Now he would
offer he had rusticated two years in a close dungectr, he had show that the defendant was not very likely so to have prac-
determined to devote himself to his own affairs, and then the tiled—that he had been apprenticed to the trade of a White-
Press cried out—" Why does Mr. Hunt get into trade—why smith, had become a hardwareman and travelling auctioneer,
does he not continue in politics 'and go over to Ireland ?" If and had been made bankrupt before he started as a surgwn in
case to give only nominal damages, George-street, Hampstead-road. Of his literary qualifications
ffering, that he was to be driven out of so- the jury would be enabled to judge from a letter which he had
ciety and totally ruined. At a time when the poor were written to the solicitor of the Company on the subject of the
Su
lie had thought that he could not do better than present action. In this letter, he spelled practice, proctiss
it
th s
would Ju l
be were iii
declaring
title
find out a cheaper beverage for them, and, after great trouble weight, waight ; profession, projicion ; most, Inoue ; and
and expense, Ime bad discovered this roasted rye. No sooner perhaps, peeps ; [The, Learned Counsel read The letter, point.
lead he gone to the expellee of advertising this wholesome and ing out these and other peculiarities• in the spelling.) The
nutritious' beverage than he was prosecuted, not for selling. jury would recollect, that it was not mixing a draught, or com-
a poisonous material, but fur having violated an Act of pounding a bolus, which made a man an apothecary, but the
Parliament by selling a substitute for coffee. He was fined maintenance of an establishment, and the ability and opportu-
-200/. under this Act, passed for protecting the West India in- nit y of' making up the prescriptions of physicians. Unless the
terests. At the time of that indictment he had two tons of defendant could lime such a practising as this, the plaintiffs
this coffee in his possession ; this he had hail packed up in par- would be entitled to recover, and would only ask for a single
eels, and had sent a parcel to the King one to each of the penalty.
Royal Family, one to each Member off' both the Houses of Susanna Male, wife of William Male, living in Park-street,
Parliament, and one to all the Judges. Many Members so Regent's Park, said she became acquainted with Mr. Bentley
highly approved of it, that they brought in a Bill to legalise In 1823, when lie lived at No. 4,
George-street, Hampstea
the sale of it; a Bill which passed without opposition. But road, and produced one of his cards. The card expressed that
the misfortune was that the whole"world had read that he had Mr. Bentley, surgeon anti accoucheur, would be at home till
been fined the 200/., but few had read of the progress of the 9 o'clock every morning. Ile had a shop fitted up with shelves
Bill through Parliament. He bad now ten shops for the sale of and drawers. Being
for medical advice ; he felt her pulse, and
ill about the nutumnolte ant her sister-in-
coffee in different parts of London, and paid for these shops, in law a p plied to him
rent and taxes, no less than 12001. a year. Why, Gentlemen, told her she had an inward complaint, and a decline coming
in the old hackneyed quotation from Shakspeare—
on, but he would send some medicine, from which she would
" Who steals my arse, steals trash,
find benefit. He sent some pills and medicine in a gallipot,
p
"Tomas mine--'is his and has been slave to thousands :
"
which were taken. She found herself no better, and went to
But he that filches from in me my good name, him : he said. You must not expect to get better directly, be-
Robs me of that which not enriches him,
cause it is an inward complaint." She and her sister continued
And makes me poor indeed." off and on to take medicine till Christmas, when she grew
of much worse. Once she proposed a phycician, to which AIL
Here, then, Gentlemen not only robbed me of my purse, but Bentley objected. Once he gave powders, to operate as emetics
my character. Shakspeare never contemplated such charac- and directed them to be taken every 3 hours, however violently
ters.—(Leud laughter.)—.Faith, this was no laughing matter to they might operate; she took one; it operated so violently,
him. The Legislature had legalized the sale of his corn, anti
rose- that she believed if she had taken another, she should have
this libel, describing it as poison, ought to have been p
cured by the .Attorney. General. He euspected, from his died. Afterwards she had a swelling in her head, and took
looks, that his Worthy Friend (Mr. Scarlett), the lion. Gen. more medicines. Her sister took medicines till April, 1823,
tleman who sits there, bad drunk of his coffee,l when she died. The witness left off Mr. Bentley's pills, was
ie looked so well,
and had preserved his eye-sight, though age had almost de. cupped by another surgeon, got better. She afterwards b
not and
prived him of his. Ile had .red the misfortune to be opposed received a bill, which hadeen paid, and took it to
in violent political hostility to the Honourable Gentleman, Apothecaries' Hall.
On cross-examination, the witness said she had mentioned
but he trusted that he entertained at this moment no hos-
tile feelings against him. He would state, that lie had had his the defendant's name to others who had employed him.
William Male, the husband of the last witness, proved that
corn analysed by eminent chemists, and it had been found to
M
consist of the most wholesome materials, mucilage, gum, r. Bentley attended him when ill, and supplied him with
medicines. He also chewed witness a book, from which it app-
sugar, starch. Mr. Hunt was now proceeding to read the
neared he had also followed the business of an auctioneer in
Opinions of' the chemists as to this analysis, but was stopped 1820 all round the country, and had been in partnership with
by the Court. Mr. Davis.
, .
Mr. SCARLETT was willing to bring the case to an atni- Thomas George, from Park-street, said he met Mr. Bentley
cable issue, by assuring Mr. Hunt that nothing personal was at it Methodist Society in 1822, when he gave him one of his
Intended against him in the publication complained of. It bills. In consequence he went to Bentley's house, and he gave
was a mistake, in saying that rye was poisonous, or that his him powders, which he wus to take every six hours, for a pain
powder was of a deleterious nature. Mr. hunt might accept in the side ; but he did not recover. One of his eyes was weak;
of this explanation, as the trial had gone on sufficiently to give Bentley put powder in it ; and he bad grown worse and worse
him the opportunity of converting it into a cheap advertise- ever since. Mr. Bentley said he came from Derby, and had
went of his breakfast powder. practised there before he came to settle in London. He came
Mr. Hunt—Not a very cheap ativertisment. He had been to town about nine years ago.
put to very considerable expense in bringing this action, and Cross-examined.—The medicines-were put into Mr. Male's
,
the apology offered did not affect the first part of the libel, bill, who was the witness's son-in-law.
.'
charging hint with the basest motives of conduct. With refs. Re-examined.—He said he had practised on the witness's
rence to the part of the libel
2001. fine that charging bhp with making an wife, which was not true.
undue profit by the sale of his coffee he had evidence which John Hall, of Bury-street, Hampstead-road, proved that Mr.
would prove time reverse.' He would state that the Treasury Bentley attended a child of his in the latter end of 1822 and
had ordered the Commissioners of the Excise to repay him the 'beginning of 11323, but the child grew no better.: He sent a bill
had been levied tipon bins—the only instance of of 11. Ms 3d., which was paid.
the sort since the days of Sir Robert Walpole.
the world, asWilliam Crow said Mr. Bentley attended him, and ender'.
qhe Plaintiff proceeded to justify the correctness of his life, voured to persuade him he was very ill, and in a galloping
and the Purity of his motives; he did not want vindictive tla- consumption; his brother would go off in a gradual clammily-
wages, Diu he called upon the Jury, as, gentlemen, its men of tion. He sent pills, and the witness found himself worse;
would vindicate
men off business to give him a verdict that when Mr. Bentley said, ". That is what I want to convince you
his character, andi compensate him for the in. of."—(A laugh.)—He left off the pills, and applied to another
jury he had sustained in his business and reputation. surgeon.
The following witnesses were then called : Two other witnesses proved that the defendant attended
E. Carter, Mayor of
Portsmouth, was present at the Hemp- them when residing in George-street, Hampstead-road.
shire Meeting, in April last. The plaintiffwas at the meeting. Mr. SCARLETT now proposed to trace the defendant's
I have no doubt that the person allotted to in the libel as Orator history.
at the Hampahire Meettngi
Runt means the plaintiff. A Reporter for The Time: news- Mr. Wood produced a commission of bankruptcy, dated the
paperovho was defendant, as hardware-
his conviction that the libel alluded to the p aintiff. man, dealer, and chapman, and said the
gave evidence of 17th of November, 1821, against the _
Thomas Hunt—The plaintiff hair been a householder in was then practising as cutter of corns. e bankrupt told him he
°seed-corm log_ as a hardwareman for five years before June, 8 .
Hampshire for twelve yearsa I know he carries on a mantic". The examination proved that the defendant had
2b2een tract.
lure of r
Cross-examined anda whitesmith.
Bentley was apprenticed to Strutt Co.(so.
bir Mr. ScaaLETT—The average weight of Stephen Davenport said, in, 1805 he was, a.t, Derby, when
a quarter of corn it, , oolba.
Re-examinedtit sixteen. In 18117, the witness found
of rye will make thirty-ff' ve or thirty.eix pounds of coffee. 'rise him flying .
by the plaintiff—l should think that a bushel He might theninohiee
tigithourhood of 3 oorfields, making up

parcels of hardware, as if for sale. This year he went to see
toil in George-street, where he was practising as an apothe-
cary and surgeon. He showed a book to exhibit his practice.
31r. Edward Fox proved, that in 1811 the defendant worked
as a whitesmith at his mill, and continued to work there in 1812.
Mr. Roberts proved that Bentley was employed from 1801
for seven years and a few months by Messrs. Strutt, first as an
apprentice, and then as a journeyman.
Mr. Robert Ward, of Derby, priaxed that Bentley was in the
employ of Warner and Co., at their mill, from Alichailmas,
1814, to Michaelmas, 1815. He saw him half* dozen titres li
day, and did not know hi to carry on any otho business. 11e
came to witeilLai,ffic•in thi and remained till seven O%
eight in tai evening.
Mr. Bowden, a stove-manufacturer, proved that Bent ey
came to work as a smith, in November 1815, and worked for
his father till October 1817. •
Mr. Osborne, a bookbinder,recollected Mr. Bentley working
as a smith for Mr. Howden, in 1816. " He afterwards made our
catalogues to sell by auction, and dealt in hardware.
The letter opened by Mr. SCARLETT was then read by
Mr.
A BBOTT, who, at the desire of the Learned Counsel, marked
the peculiarities of the spelling, much to the amusement of the
audience. _ _

This was the case for the plaintiffs.
Mr. BROUGHAM submitted that the plaintiffs were hound to
prove the allegation in their declaraaon that the defendant bad
not obtained a certificate fronr the Company. He took the
tinction to be this—that where an exception was created by '
distinct clause, the burden of chewing that he was within it lay
on the defendant; but when it was introduced to qualify the
penal enactment in its very body, the negative must he both
stated and proved.
Mr. SCAR LETT admitted that the negative must be sts,.!,'
but denied that it must be roved
p ; and Instanced as exarti, . i
point the case of convictions against unqualified persoi., ! .r
sporting, in which every possible qualification must be n..:..-
med. and in which the proof of qualification was neverth 1 ~;
wholly cast on the defendant. .
should think he Iva
Counsel for the defendant to move, if they
Thebe
IfelnuDireCdultoErprJotivesTa JUSTICE held thatbut thole
vplite
lie
na
tiv
ffe
s t(c)ottiillta
notl
in error. He reminded
them that they, were not to try whether the tlefend
althed to an was man
of good education—not even whether he was q tact, he did s
tine as as an apothecary ; hut whether, in point of
Some merrimento
Mr. BROUGHAM then addressed the Jury.
practise on or before die Ist of August, 1815.
had been created by.the exhibition of his errors in spelling and
style; but a man might be an excellent compoundtence— of
er meorddt
!
eines, though an indifferent composer of senas b
Chatham himself wrote letters, spelling dors " dos: "
great Duke of Marlborough, who was as experienced and as
expert in the art of killing as any of the Apothecaries' Coln..
Pan'', .spelled in a way which he might defy any of the
Apothecaries' Company to rival.—(Great laughter.)—Notv
he would prove that the defendant did practise as an apothe-
cary for years before August, 1815, (and the language of tile
record was " on or before,") and that therefore he was on this
record entitled to a verdict. The Jury would not regret such
a result when they considered that this Act, though well in:
tended, was most severe—that it created and perpetuated ammirn..
nopoly—and that the old common law of the country wo • .7,
and the
cient to protect the public, not only without the Apothecary
Company, but against them, by-the right of action wht e t
gave to every man who had suffered from improper train-11 11
married ll.illiaainndilliaiddtiniresse
by a person pretending to skill.
Almighty God did me good." He attended m/ first-h°lll
ill—Mr. Bentley gave me physic, which I swear before tof
.and
gave him medicines.--(A laugh.)—He woe ed at Ales.srse.
Strutt's but he was continually ilabblin in medicines: k
ictilitnirelnB
.11
,h,eil,i,sfedtmitaittiDteewrbiytn,e:hte.re4
ILe_.t a little drawer under his desk, and mited up little thing°.
Laughter.)
ohn Bentley, the defendant's brother, said he lived with
him from 1811 till 1814, at Derby. He was with him as e.'
sistant to the sr The defendant had a surgery In ni:
house with everything necessary* to the tratle. There sovfr_
jars, bottles, a pestle and mortar, weights and scales, and tner.
requisites. He frequently carried out medicines topatient:l
and patients came to the shop. The defendant Wa3 ethg3tdi
under a surgeon at Whitchurch, in Shropshire, and afterwt!
with Dr. Fowler, at Derby. When he lived opposite 11' ern"
burgh's church, there was a sign over the "door—
Bentley."ttrge°-
On cross-examination, the witness said he was 4.1 years of
age; he was an operator on the feet by profession, tio,,d 11,:,`:
been so for 9 years ; the defendant was about 40 years 0' 4'l
the witness was educated at Derby under a person named Wen; '
a kind of Dentist,—(a laugh),—and also an operator 011.111,
feet; he was nearly a year with Mr. Wood, but practice nol
made him perfect; before that lie was `a
framework-knitter !,
then,D elDrvbyi
Derby,
i a
tryw,lni
ahi snHednbadhtrohleent
yhwuegmaarhitwwdt,ailtrhel
ireaentsiwpru.arplesinloaltiwiectdiedieer:sher;
etoii
p:letieltscoleonriul.tolitafil3n:iticiikwyncelirtroitioo:nedpide.
Whitchurch. lie could not saiy how old the defendant *ar-
ticular dates ;; the defendant left Strutt's in 1810 or 181.` ; ..6
went to Dr. Fowler's before be went to Sttutt's.
datoor. He used to act as an apothecary for about tivee Ye„l,l)e
Cross-examined—Mr. Bentley sent for drugs, and st". -
money ; sometimes 4d. or 2d. ; sometimes as nitwit as ss. , ,„g
tSweilsßpt.raEcT:snhgortly replied.
John Dolman said, he knew Mr. Bentley at Derby, anti t";
he was in the habit of making up. medicines. There was a sig
on his door.
The Lard
this evidence, it was made out to their satisfaction that the tle.
bard CHIEF J nas icE left the Jury to say whether, .01:
finerely whether he hadasoccasan aioPit:atilreyanlie.llllAmuedguisetini eillairsJ not
ministered pills, but whether lie acted as an apothecar", keep,
ing a shop, and making up the prescriptions of physician," the
The Jury almost immediately returned a verdict for
plaintiffs on the last count, for a single penalty of 201.

COURT OF COMMON PLEAS, DEC. 17.
HAWORTH AND ANOTHER V. JONES. , „
This was an action of trover to recover certain bonds, beTl'e
two shares of Richmond Bridge Tontine,
bearer to receive the dividends on them. They were give
Mr. Jones to receive the dividends before the death of thr, 0
to it "`
Mr. Haworth, but he averredthat they were given
a present, and accordingly kept them. are e".
The Jury found a verdict for the plaintiffs, vibe was.
trixes of Mr. Haworth, thereby entitling them to the
which entitled (Jo