The Sun.
London, England, 1823-02-18 00:00:00

iew order of things, and kith which many lead-I
ug men were certainly dissatisfied, yet it was. the'
peculiar character of Spaniards to look with a
jealous eye on the- interference of foreigners in
tlittir own concerns, particularly when supported
by an armed force. lie further added, thatwo Uld
no
band or hotly of Spaniards, now in arms,
allow themselves to be commanded by. French-
men, so great was their dislike to foreign con-
troul, and so rooted were their national prejudices.

istottlstso Pon.]
An express brought yestprday, French papers
to the 16th inst. The Ministers hold frequent
councils at M. de Villele's, -and as the Ultras
display increased jealousy of the pacific disposi-
tion of that Nobleman, and point him out in all
their speeches and writings not only as the author
of all the articles in favour of peace inserted in
the Journal tics Midi, but as the man of pre-
ponderating influence in the Government, these
conferences acquire an unusual degree of irnport-
ance, and revive the hopes of the friends of jus-
tice, whilst they strike with doubt and appre-
lIPIIMiOII the advocates. of nggreSslon. A confer:
ence of a different nature has also excited much
attention and interest. It took place on Friday
lust, at M. de Chateaubriand's, with the Aus-
trian and Russian Ambassadors, Baron Vincent
and Count l'ozzo di [forgo, and- Count La-
garde, lately returned from Madrid. Some poli-
ticians imagined that it related to the declaration
said to have been made by M. de •Villele in the
secret sitting on the Address, that France was
corni4ll.ect to attack the South in order to
escape from, the North," and that the Austrian
and. Russian Ministers. remonstrated against
the declaration as totally unfounded, if it had
been made, and required, if it had not,
that a more precise and satisfactory contradic-
tion should be given to it, than the general
charge brought by the King's Attorney-General,
against the Journals Which it had appeared.—
It seems, bowever, improbable, that if this had
been the case, the presence of Count Lagarde
should have been thought necessary a,d it .is
more likely that the object of the two foreign.
Diplomatists was to endeavour to ascertain from
the communications of the latter what was the
real state of the public mind in Spain, and of the
resources of the country.

LNENI,"II74 LS.I
We have cautiously abstained from any re.
marks which might have had a tendency to ex
asperate those animosities which have nufortu
'lately been. carried to such a height 'in Dublin ;
and it is with extreme pain that we observe some
remarks of an opposite character in 'a respectable
Evenieg Paper (The Coisrier) of yesterday.
That paper complains in no very measured terms
of the conduct of the Lord Lieutenant, in .dis.
' missing the Master of the. Ceremonies at Dublin
Castle. We have not the pleasure of knowing
the Gentleman in question, and we are quite
wiling to believe in his " amenity of mefaar'o'n'tltle,lrtsth'irle
kindness; of disposition, anti social and cheerful
virtues." But when we come to inquire into the
cause of his dismissal, we really cannot view 11w
(eveut with any surprise. It is stated that he was
only present at a Club where " the Exports of
Ireland"' was given as a toast. Other versions ;:dd,
3 and may those who oppose Oratigeism he the
tirst.!'—But. Whether the addition waS made or
not,cle“
ri,t
filaotlintilii:erdi 0 that ttatt the
~lExports,ll(batre,m
Lord Lieutenantitimself ! Now, what a picture
Of party feuds does this present! What estrange
want of decorum in a Master of the Ceremonies!
\\lie', an insult to the immediate Representative
of the Sovereign ! Either the Marquis Wellesley
ought never to have been sent to Ireland ; or,
being sent thither, he must, be treated .with the
respect due to his high.station. It is perfectly
evidence of preconcert and prepauttiott.for the
events of that evening,and from those seditious
and insulting. toasts drunk at Clubs in the Irish
Metropolis; that there is a formed and systematic
plan to force , his Excellency out of the Govern,
meet. lie was sent thither in Pursuance of our
beloved Monarch's.kind and gracious wish to pro•
mote conciliation among his Irish subjects ;: and
he has certainly succeeded with a large part of,
the population in securing their .attachment and'
submission t 9 the Government ; and ,as to the
gentle Men who thooght his Excellency ought to
he exported, it is well observed by a Dublin
Paper • that they " ought to be ashamed to re-
ceive hit pay, or to wear his lisny. Indeed they
i should have resigned when they made the dis-
covery (that their Sovereign' had nominated an
imprOpor person), and instead 'of resenting, they
should be grateful to the Lord Lieutenant for
showing a regard for their honour and repute.
lion, by net permitting them to continue in his
service under such disparaging circumstances."

CALAMITOUS Ft ac.--About a (planer before
two o'clock on Sunday morning afire broke out
in the rear of the Fishmom,,,ers' Alms liousei,
opposite the Elephant still Castle. The fire
was first discovered by a neighbour, named Col-
lins, who happened to be returning home from a
friend's louse. 1k instantly alarmed Mr. Gar-
keeper, of the building, and the bell
of the Chapel was tolled in order to alarm the
old persons resident in the Alms Houses. it
soon found that one of the houses, which was oc
cupled by Mrs. Mary Wainsnan, aged 71, was on
fire, attil so rapid was the progress of the flames
that all attempts to approach it were baffled. The
flames extended their ravages to the next dwel-
ling, where a woman named Powell lived, who was
in her HOth year, and had been in tin building 30
years. Dilr.Cooper and Mr. Gardner, the keeper,
broke open the door, when they discovered the
!room in a body of smoke, and the feeble old
woman in bed, breathing her last, the smoke hav-
ing suffocated her. She was dragged outs but
slte'survived only five minutes. AfteT the thune3
were extinguished the body of Mrs. Waitunm
wat found burned to a cinder, lying near the
fire-place on the ground floor ; her Bible was
lying by her side, with nearly all the leaves
burnt out, and also the candlestick. It Li sup-
posed she was rending her Bible, end that the
•cindle must have caught her clothes, and hate
Cau. sed the dreadial catastrophe.

WaS

LORD PORTSMOUTH'S CASE•

EXAMINATION under tie KING'S COMMISSION•

FREEMASONS' ITALL, MONDAY, FEB. I7—SEVENTH DAY.
.„ At ten o'clock the Jury was called over, and
the proceedings of the Commission resumed.
John Drummond, Esq., examinedTYNDALL—lta
partner in the banking-house of Drummond and Co. This
Gentleman gave evidence as to the payment of checks drawn
by Lord Portsmouth, &c.
Dr. Burnaby- as examined by Mt. POWELL as to the license
for the marriage with Miss Hanson.
Francis Bevel) examined by Mr. Wreratr.nr.t.t—ls fore-
man to an upholsterer ; remembers going to work at Lord
Portsmouth's house at Newbury, in HertfordshireLady
Portsmouth and a gentleman whom witness supposed to be his
Lordship, but who proved to be a Mr. Alder ; his Lordship
afterwards came to the house; has frequently heard cries and
*creams in the bed-room a witness wg in the drawing-
iroorn, and went to the door on hearing the screams ; saw Mr.
Alder and Lames Hanson come out of the room from which
the cries appeared to proceed ; the expressions were " that
wretch ld shall not ill use me so—l will shortly have jus-
Alec done Amere ;" thought these cries and expressions came from
his Lordship; never saw the three in company together at
Newbury; received orders from Lady Portsmouth; Alder
frequently interfered ; never received any orders from Lord
Portsmouth.
Mr. Skirrow examined by Mr. DENMAN—IS a Barrister at
law; first saw Lord Portsmouth at his Lordship's residence in
Lincoln's-inn.fields, about 18 or 19 years ago ; is acquain fted
with Lord Orantley, and nearly related to Mr. Hanson re-
quently dined with his Lordship at parties, but never saw him
alone until on a,particulatr occasion ; had known the late Lady
Portsmouth from her infancy ; bad not seen Lord Portsmouth
for 10 months prior to her late Ladyship's death; saw Lord
Portmouth on .the 13th of March, 1814; was not in the least
aware of the marriage before it took place ; heard of it at four
o'clock in the afternoon of the 7th of March ; dined at Mr.
Hanson's the next day was invited by a note from Mrs. Flan,
son, thanking him for the use of the carriage, hoping be would
excuse the shortnesitof the notice and dine with them that day,
as Lord Byron and the Honourable Mr. Wickham were expect-
ed, and it was possible or probable, thithe would then be intro-
duced to Lord and Lady Portsmouth, went accordingly nei-
ther Lord Byron nor Mr. Wickham were there ; saw Lord
and Lady Portsmouth ; thought his Lordship appeared under
the controul of Air. Hanson, who objected to his taking more
wine, in is manner exceeding the influence which one gentleman
generally uses with another; met Lord P. again in the spring
of 1815 ; it was not in Lincoln's Inn Fields ; there was a pro.
position made after dinner by One of the party, when the ladies
had retired, to drink Lord Portsmouth's health, and congratu-
late his Lordship for his escape from the petition to the Lord
Chancellor; knows by whom this proposition was made; hopes
the Court will not oblige him to name that gentleman—( this was
not pressed)); Lord Portsmouth on that occasion cried a great
deal ; saw Joni P. on the sth of July last; had seen his Lord.:
ship nine or ten times between the dinner and that period ; the
only time witness was in the conmany of his Lordship was on
an occasion when they met in the street; his Lordship said,—
" Dlr. Skirrow, lam very angry with you, because you would
not be my trustee ;" witness replied, if your Lordship will
take my advice, you will have as little to do with lawyers,
as trustees, as posible." On the sth of July lasi saw his
Lordship at Waittage ; was introduced into his Lordship's bed
room by Lord Grantley ; when Lord Grentley left the room,
witness observing his Lordship in great distress, questioned him
as to the cause; his Lordship said be had been very cruelly
treated ; that for several years past, a Mr. Alder had re-
sided in his house : he was introduced as a medical attendant
upon Lady Portsmouth by Mr. Hanson ; witness told his
Lordship Alder was no more a medical man than he was ; Lord
Portsmouth replied that he knew Alder was a medical man,
because he attended Lady, Portsmouth at night ; witness asked
him in what manner ; Lord Portsmoth said that he came and
laid clown on the bed ; witness expressed his astonishment, and
said that his Lordship should have broken Alder's neck the
'first time he discovered him in that situation, to which Lord
Portsmouth replied that he could not do that, because Air.
Alder was a terrible man, and had shot five or nix persons ;
Lord Portsmouth complained that be was at that moment
suffering in his cheek and side in consequence of the ill-treat-
ment ; he also requested v;itness to feel. his thiefft, which was
much swelled in consequence of his having been knocked down
by Alder ; Lord Portsmouth appeared greatly distressed, he
said that Mr. Newton Hanson had frequently beaten him, and
that Lady P. had also beaten hint, btu only when he deserved
it, whereas Alder and Newton Hanson beat him always with.
out occasion ; lie said that Newton Hanson knocked him down
five times at Air. Norton 'e house in Barley-street 4 witness ire.
quently tried his Lordship on this point, but his account was al-
ways consistent ; his Lordship told witness that Lady Ports.
mouth was in the family way ; witness said lie should be in-
clined to suspect that child not to he his Lordship's, in conse.
quence of what he had related of Alder's lying down in his bed ;
Lord P. said that, when he was at Edinburgh he was always
locked up in her Ladyship's dressing-room at six o'clock (or
as soon as it was dusk), without tire, until the family went to
bed; • the last fortnight he was at Edinburgh he was only allowed
to walk out for two hours in the day ; previous to his going
there he was allowed to be out for four hours ; from November
to July that his Lorilehip was at Edinburgh, he said he had
hut 31.; witnes% said lie thought his Lordship's statement of
such importance that he should go to town about it . directly.;
Lord Portsmouth desired him to go to Bow-street and to take
out warrants against Hanson, Newton Hanson, and Alder;
witness proceeded to :town with Lord Portsmouth; Lord P.
went to witness's house, and was in the constant and serious
apprehension of being seized by one of the Bensons ; this was
on the Bth of July e as witness was bringing hi 3 Lordship to
town, he asked him how the throne was going on, as he had
been told at Edinburgh,. by Mr. newton, that a throne was
building; witness told him that •no such preparation was go.
ing finwurd ; witness having told Lord Portsmouth that Lord
orantley was instrumental in getting him away from Edin-
burgh, his Lordship went to Lord Grentley's residence to
thank him for having assisted in getting him away from those
people ; his Lordship hesitated in going to' Lord Grantley's
'without some Bow-street officers. he wished LaVender to be
,with him ; witness went for an officer : one caine. Thinking'
his Lordship at this time perfectly irrational, witness called in
:Dr. Powell, and afterwards Sir O. Tnthill. , His reason for
;doing so was in consequence of his Lordships flying into a pa.
oxysrn of p
massion with Mr. Conthes without any apparent cause.
Witness was much vexed, and Lord Portsmouth threw himself
on his knees, and usked hie pardon. NVitnees remonstrated
with his Lordship On 'degrading himself by so humiliating an
itet; and Lord. Portsmouth replied, that Alder' Lady Ports.
'mouth, and the Hanson family, alway 3 made hint, do so. Wit.
received a notice from Ledy Portsmouth's Solicitor, that
was not aligned by the Connnisstoners. (The notice was pro-
`tweed, tins was signed " Palmer, , France, and Palmer.")
The Cities' COMMISSIONER asked Mr, France for
which
party he appeared as solicitor ?
Mr. Fneaecz said, that he considered himself, as the solici-
tor of Lord Portsmouth, that he received. his instruction of Lady
Portsmuuth, from Edinburgh • was employed by Lord Ports-
Mouth'es his solicitor, .under • 'the 'former application and his
then instructions bad mit then been countermanded; he had
not seen Lord P. personally—
Serjeatit PELL, when first applied to by Mr. France, stated
his determination not to be employed pn the part of any party
but Lord Portsmouth hiniseife lie felt it consistent with such
.11.:claration, to wait personally upon his Lordship ; lie did so,
avid as lie had before stated to the Court; obtained his Lord-
ship's decided approbation of the Appearance of himself and
those Learned Counsel who acted with him, to appear on his be-
half on the present occasion.
Gil star Cc) stutssto N E --WC know the professional respec-
tability of France; and the Cornmiemoners, anxious to
throw around the unfortunate Nobleman all the protection they
could afford, were most happy to see him so ably represented ;
but they had thought it important on the present occasion to
useertain, as clearly as possible, the authority of the instruc.
thins under which the Solicitors acted in the present inquiry.
Extimination contiuttedeeleord Portsmouth left the house of
svitnesson'the 13th of July last ; has frequently seen him since
that period, and believes him to be of thoroughly unsound
mind ; bilPorcention is incorrect, his memory uneommonly per-
fect, his jutlgment imperfect; he is prejudiced to uncommon
degree, and witness can convince him of any thing, and re-
move every conviction, be it ever so firm ; dial so in the pfe-
sence of Sir LL. (dallied; if witness lied never seen him tiebee.
litently to July, should not have felt justified in expressing
'tile Opinion he has now given ; he had seen but little of him
up to that period ; if witness had nut had moreopportunity of
seeing his Lordship's state of mind after july.thais he had had
before, ha should not have come to the conclusion of his Lord-
ship's insanity.
Cross-examined by Mr.,..Serjeant PELL—Knew Lord P.
i.
the time ofids firet wife ha* known the Manson family from
iniffeatninicye;t')fbeiteireleaelseLedrysielikp sii
nteivp was the present Lady P. an the
not a stranger tohis
tardship when she was married to him ; thinks Lady P. was
about 24 or 25 years old when married ; thinks Lady P. well
itinafocnrinbedeil
nautili Anna-
nauccofigutprolifittrwe'owtuasan
I;ioitilliipnearspu c
iti)aurlikly
o not
iectiortable in her appearanca greate ban always conducted her-
pelf In witness*, presence with,Lorudyeroosariizavininoeelt
tit:rho t;lwiltnis
illjbloesr
01
Lllia:
iwypraci:ile:ef ire
viriti;i:
Tit :al% :vst
ei
dt h
wt lh -1 II I4arnds opt to
?fat
siTteniol ,t
htrout
visited by_Jineeer efenktielid, and another recently a Fair.
lawn ; Dem: Benteheled said, " they are going to make you

a madman, but yourgood. friend, Mr. France, has come down
for the purpose of rebutting ft." HIS liordship said, thnt Lady
P. and Mr. Hanson were always telling him so, but he did not
mind it. Told his Lordship who his Counsel were, which he
was exceedingly glad of, but did not tell hint that Mr. France
was his attorney, as he would have been exceedingly outrageous
at it, Mr. France having been once 111 i. Hanson's
By the Jury—The habeas was. taken out at the instance of
Mr. Newton Fellowes. The three reasons Which his Lordship
assigned to witness for believing the child to be his were, tirst,th at
Mr. Alder was so much ruptured that he could not succeed ;
secondly, that Lady P. had told him (Lord P.) that it was his
and thirdly, that Dr. Hamilton, whom they had consulted, was
the cleverest man in the world.-4 Laughter.)
Sir Henry Milford saw Lord P. on the 16th of January ' • was
taken in, he understood, at the particular request of the Lord
Chancellor, and not at thaeof any of the parties present. Had,
he thought, a full opportunity of eXtiminnig the state of Lord
P.'s mind, and thought him of unsound mind, and perfectly
incompetent to manage his own affairs. • This opinion was very
early entertained, and the opportunities witness had since had
confirmed it. Thought his Lordship was horn with a puny
sickly intellect. Did nqt think that he knew the full nature of
this proCeeding; thought him not capable of comprehending
them.
Cross-examined—The impression on Lord P. as to this in-
quiry was, that he apprehended. sothe legal inquiry was going
on, but he could-not comprehend it exactly : believed he thought
that there was a process going on for the protection of his pro-
perty. Witness told him so, and that the result must be for his
protection.
What is your definition of an utliouud mind ?—" A man in-
capable of reasoning, on probahibilies, or of drawing just con-
clusions from those probabilities. I have found that Lord P. his
answered such questions as were put to him as a boy of seven
or ht years old would answer."
'Were there any answers that indicated an unsound mind ?
Certainly many. I asked him, " Has your Lordship had
sexual intercourse ?" He ausweredi sharply, " 1 would not
swear it." I asked him whether he was sure that the child
was his ? He replied, he was sure it was ; and the reason he
assigned was, because Mr. Huntley and Lord Orantley told

him so. '
And do you think that was an answer indicative of an un-
sound mind ?—Certainly. The manner in which Lord P. re-
lated the fact of Alder's going to bed to his wife was unaccom-
panied with that indignation which every man of sound mind
must feel at such a wrong. lie also acknowledged that he made
use neither of remonstrance nor resistance against the out-

rage.
Did he not tell you that Alder was a very powerful man, and
that he was afraid to resist ?—No ; he merely said that it would
have been of no use to remonstrate. He stated further, that he
lout been debarred of school boy pocket money, and subjected
to such controul all no man of sound mind would submit to—
The reception he gave to Serjeant Pell was very gentlemanly
and cordial.
You draw a distinction between a weak andpuny mind and
an unsound mind which of the two has Lord P. a
We understood the Doctor to say (but we could not distinctly
hear), that an unsound mind was one which did not perform its
functions in a fit and regular manner, and which was labouring
under some disease. Ile thought that Lord P.'s mind had been
from the first weak and puny, and had been afterwards render-
ed unsound.
Doctor Baillie was then examined—lle had seen Lord P. se..
veral times; the intercourse was. not one of conversation, but
consisted rather of answers from Lord P. to questions which
were put to him ; considered him a man of weak and unsound
mind, anti altogether incapable of managing his business ;
formed this judgment of him before he was a quarter of =hour
in hia company.
Cross-examined by Mr. Serjeant PELL-4fad reason to be-
lieve he was a little out of humour when witness went in, but
it was dissipated In a few minutes ; the questions put to his
Lordship were to verify or not to verify the affidavits which
were read to him, gathered from the answers the conclusions as
to tip unsoundness of his mind. For instance, he said that he
had been obliged to carry meat to the kitchen like a servant ;
that ha had been obliged to fill up cheques against his will for
the benefit of others, anti also to sell the cattle from his estate.
He talked too about his Lady being pregnant 16 months.—
(Laughter.)—He also said that in consequence of Lady P.'s
brother having called upon her the child bearing bad been put
off for several months.—(Latighter.)—lle wrote, down in his
own handwriting the sentences of those who had ill-treated
hint. lie had a belief that miscarriages those . from a child's
not having been properly begotten.—(Laughter.)
Does your belief as to the unsoundness of Lord Portwmouth's
intellect rest on the continued acts which he mentioned, ornpon
any one of them T—Any one of them was sufficient, but the
whole were irresistible. I consider that no man of sound, mind
would go and ring bells as he did with the lowesein the parish.
I cannot conceive it possible that a man of sound mind should
have done one of these things, as he has done them. But there
were other things on which I should act.
If he were in the hands of real and kind friends, do not you
think that his mind might be improved ?—I do not think it
possible to improve his mind as to power of intellect. It was
not easy to improve a weak mind: The unsoundness was im-
plied by the amusements of the unfortunate Nobleman, his
ringing of belli and other things of' a similar nature.
The Doctor, in answer to the question whether a good me-
mory gave any indication of soundness of mind in such a case,
Said, that as one man might have a good mind with little or no I
memory, so another man might be perfectly lunatic with a good
memory.
The June-:-Would his. Lordship's property be endangered
if he was left without controul ?—I think he would be open to
the intrigue and imposition of every knave about him.
Do yotrthink lie would be able to avoid danger ?,--I think
he would. be able to keep out of the way of obvious danger, and
so will most animals.
The Doctor added, that he was decidedly of opinion that
Lord P. was always of unsound mind.
Doctor Powell deposed, that he visited Lord P. between the
9th of August and the 12th of February ; had known his Lord.
ship for a long time, and was of opinion always that his mind
was unsound; was of that opinion before he had been half an
hour in his company ; 1.-ordsr. talked to him about the erection
of a throne at his country seat hi Hampshire, where be said
he was the King ; stated, that he had employed Mr. Oakley,
the upholster, to make it, but -it was not yet finished, and
that lie had conferred upon the subject with Mr. Hanson
and Mr. Shaw, the architect ; said he intended to have it
made exactly like the throne used by his Majesty at the Co-
ronation ; on this throne he intended to sit for the purpose of
administering justice and holding levees, like the King ; after-
wards he said that Mr. Oakley should not make t, but
Mr. France, who made the King's, and that they should be
I exactly alike ; his • Lordship subsequently said, that Serjeant
Pell had advised hint to put the shrine. aside for the pre-
sent; told witness that 'at Edinburgh .he .was told not to
CUBIC in for a certain tittle, Illld if he came before that time lie
was refused admittance, and was punished ; that he bed seen
Alder and the Countess in bed :together • one day. be ap-
peared particularly pleased, because Dr. damilton had written
to him to consult inin about the name of the child ; put him.
self in a dignified attitude, and said, " they have consulted
me most properly' on 'this. occasion;" " but, my Lord," said
witness, " are you sure that the child is your's ? is there not
soma chance, as Mr. Alder lay upon your bed, that he had
some tide to. it I," " oh, no," said his Lordship, " it can't be
his, fur the Countess and Miss Hanson told me so ;" atter
other doubts were started, his Lordship said, " the child must
be from me, as he is incapable of any thing of the sort ; young
II anson told me not to be afraid of any thing-from Alder, ai he was
much raptured;" these were answers which could not be given
by any person of a rational mind, and proved complete delu-
sion • his Lordship , Said, that Alder had repeatedly knocked
him down,'anti that Mr. Hanson had stood over hint and
compelled him to sign ,deeds, and that' the' Countess had
obliged him to sign cheques tier her own benefit. He said,
that on • the morning he • had left his house. in Lincoln's-
Init.fields, he had no Intention whatever to be married, but Mr.
Hanson said he mast be married ; and he (Lord Portsmouth)
acknowledged that ire had never consulted any of his connec-
tions, friends, or relatives upon the subject of that marriage;
dim Alder was first introduced by Mr. 'lemon as a tnedical
man to attend upon the Counteis, who was subject to hysterics. I
Ile.said lie had been often routed at midnight by the Cowie
tess, who *aid she was ill, and sent for Alder, who used to
come in his shirt. ' Alder then got into bed at the opposite
side, of .the Countess, who used to tell him (Lord. Ports.
nunith) to lie quiet and go to sleep.--(l4aughter.)—Witness '
was Secretary to the Committee for Licensing Houses fur the
Care of Insane Persons, and had therefore seen ;tune than any
practitioner; beard the whole of the evidence; and was of
opinion that the disorder of the mind was of hint!, standing, and
how witch worse than when he first knew Lord Portsmouth.
Cros3-examined—llis Lordship had a character of imbecility
, marked upon his countenance. ',there were some symptoms in
the case inconsistent with weakness.—Adjourned at 4 o"clock.
n essworsemesamseseateramen

LAW INTELLIGENCE.

COURT OF KING'S BENCH, Fzu. 17.

ItAIstSDEN V. GIBBS.

This was an action of debt by farmers of the Post Hone
Duty, to recover certain sums of money due to them from the
defendant for duties in respect of saddle horses let by him for
hire. On a special case stated, the substantial question was,
Whether a personletting out horses for the pleasure and recrea•
tion of the riders, is liable to the Post Horse .!Mileage Duty in
respect of such horses, thotwh they be regularly entered in his
`license to let post horses ? The point immediately brought be-
fore the'Court was, whether horses so let could b# considered as

horses let for travelling within the meaning of 'the Stlitutes.-*
Geo. HI. c. hi., 44 Geo. 111. c. 98. and 1 tom. IV. e. 88.
The case was argued by Mr. R. BAILEY for the plaintiff;
and Mr. W. E. TAttwvow for the defendant.
The Collar was clearly of opinion, that horses let merely for
the purposes of the health, recreation, or pleasure Of the rider,
for the day, could not be considered as horses let for travellirp -
within the meaning of the statutes in question, to
Allot
fore ve udgment for the defendant with pec.t to the do-
do claimed for horses let hy him under the orcomstarces
above-mentioned.

FEBRUARY 16.
.PIIILLIPs v. rtsTott. Bo a-
-1
This was an action
sueet, to recover the price of a splendid pair of ear.ringit 16 '
with rubies end diamonds, sold at one of his sales to the
_te'
by. Mr. Phillips, the auctioneer, of
fendant,who was stated to be an Italian, of the jewish pi 1.33181 .;
Mr. Or RN EY and Mr. COMYII wete for the plaintin, $ll
Ur. SCARLETT and MT. PLATT for the defendant. , A
It was proved in evidence that the • defendant had atteDq.e, • .
one of the plaintiff's sales of jewellery, and purcha!ted 1 - •. ;
ear.rings in question at the price of eighty-CIO gdird : '
which bad been put up at forty, and stopped with the e
aglit's witacsse,
fendant. On cross-examination of the plaintiff
it appeared that the defendant could speak
inno e
_',
but when' he b h
id for te lot he signed his tention ~1,,
nodding. The advance upon the lot was a guinea Bacheal
ding. When the lot was knocked down to ,tanshim d
told that it was sold at 88 guineas he expressed rplis,el
and said he understood it was 38" guineas. This he Pid:ll,
he French language. It was insinuated that the ear-ringi s!etr‘i
only, set with Assyrian garnets, which a good deal resetabl
~,
rubies; but the witnesses positively said that the went,
with stones of the latter description, and were amply )Korth '',.
amount at which they were sold. The defendant had Pl`
chased several other lots at the same sale, iind seemed aerie's,
cognizant of what he was doi: Ile was said to Lic a p 510.8,
well skilled in the jewellery business,and had been jeweller '
the late Empress Josephine,
In defence it was suggested that the defendant ben,!,d ~11...
reigner, and unacquainted with the English language dl' :-,,a,
posed that he watt only bidding 33 instead of 88 gollleasi t-,ic.e..
therefore, was not bound by the sale if he acted under an 1, b
English. He gave it as l that e
The stage-manager. of the Opera-house, who stae' peeve o
was also a jeweller, deposed, that the defendant cutild s__
set only with garnets, and not rubies. id„o3nt OS
The defendant's attorney also deposed. that the '''',-,1 as ill'
wholly unacquainted with the English language, 3-- w
most as ignorant of the French. , T
nrythat if the
The LORD CHIEF JUSTICE charged the ws-J,, ,„,a sup.
defendant had made a mistake in the price Of Oleo', id blur.
posed he was only bidding 38 guineas, then he wuuh, ,
his opinion, that the ear.tings rc
titled to a verdict ; but if he knew what he was' bout, t 4P
tiT
The ought to recover. ,
ury found for the plaintiff, damages 92/. Bs.
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