The Sun.
London, England, 1805-07-27 00:00:00

.only doubt .resirelc:d the proceeds of the. ezirtro,—=,
His Lordship hero t.nier,.ta into di:. particttlars of Else
evidence, raferabie to the joint In of• the
/Agents in ,Jarnaled , and v.'hen he Wati proceeding
to the: depos'tion received from that Island:, the
Foreman inteipowd, tin d :.iignitied that the Jury mitire
satisfied -that no well joint nomination -had been,.
made.----Verdict for the T-laintiff c.d.

COURT OF COMMON PLEAS, Go tt.t)tiAl L.

riNcs A: Nl3l PR !us, ntrorir. rdANSFIELD

AN)) h ii,ep,CLAL.)

COOP .qt V.TifORNTON.

This was an tion brought by the . Plaintiff; an
entinent.provkion-breker, to entbrce the, perfortm;
Mice of a special Centraa which the Defendant had
entered into. . .; •
It appeared, frpm the evidence. on the part of the
nain tiff, that f tit) the rceS of -PAASt.`lndia pork,' and
150 barrels Of d naafi pork, hiteett wattover- to
hint from a Mr: -Moat-, a prevision-men-that-It; in
Ireland; for the ptirpose of dispdsing of to khe: best
advantage. Mr: Ceoper,- When the goods were on
the wharf, had some.of the casks opened,. and, ex,-
mined 'several pieces Of pork pail,-;, (1 in them,
W hick appeared, externally; to be prime pork—but
he did not either cut it to see whether it was measly;
or• try it, with what is called in the trade a tatmentor,-
to it sWeet: Shortly after
the Defendant,enter,,i,d into Ucontra& to par-
the pork., and' agreed to give 81. hs..for each
of the tierces, and t,f.,cs, 6d. for the barrels, cop..
ceiling it to be, at .warranfed...by the Plaintiff, mer-
Charitable, sound pork, the Conttad; the 'De-
fendant had agreed to take'it front the wharf in 14
days ; but, befbre that , time expired, he had the
pork. \examined, and sent a letter to the Plaintiff,
stating, that it was measley and stinking, and notfit
for'any .purpose whatever; and, therefore, refused
to take it. In consequence of this, the Plaintiff
brought' his action, who, though but, originally the
broker of Mr. Moor, in Ireland, b6came the, prim+.
pal immediately after the. contra& with the Defend-.
ant, was signed,' as be then, accepted bills drawn on
him by Mr. Moor, for the amount.
• Serjeant BEST stated the case on the part of ,the
Defendant, and said, be wondered the Plaintiff could •
have the facet() bring so impudent an aCtion.as this.
He had no hesitation in allowing that the contrast
had'been
.entered into bet Ween the parties ; but he
thought the Jury, even at this time, were, of ()pi-
nion, that the Plaintiff was the' first Who was guilty
of a breach of it, by.selling: such kinking, rotten,'
measly; pork, to his Client, and, at the same
time, .telling him that it 'vas sound, priMe
He, therefore, had no tioulit, of obtaining aver
when he should shew, by the most incontro-
Vertible evidence, that, the pork Was. ni snail a state
that it. vas scarcely fit •to be thrown-into a dog.:
kennel, ,
Several witnesses, in the provis;on-trade, were
then called, who all deposed that ,they, had exa-,
mined several casks of the pOrk, and foUnd a great
many of the pieces in them ineasly.; some of them
taintei'; and the most of theM•faint.
The Court :mid Jury NVkiliN t():• kIIONV what ap
pearance measly Iy4rlt had, and
Whether it became
so after the animal was killed ? 7none of the witpesses
could explain it rightly, Until Bartholemew Kidney;
an Irish cooper, was called-up, He first deposed, „
that. he had exainined ten casks, and ,fbund some of
the pieces, in all of them; measly and- stinking,-!-,
He was then asked, what' appearance3iteasly pork
had when it was cut ? -To which,heansweted,
ter a little, consideration, that it was for all the world
like a plum-pudding, or a plum-cake; when cut in
twq. . He also said that measles ,%cas a thmily
`di corder among SOme pigs, banded down front
generation to generation and that; when the curers
were chopping it for the purpose of packing it in
the: barrels,' the nee: ,1,-; would fly out of it litho
Maggots and is (1, above all things,.-to produce
a•piece of „it:on the lable,:for the inspeetion of his.
'Lordship and the Gentlemen ; but this ceremony
was, by consent of all parties, dispensed with.
• sir JAMES MANSFIVID .read over.. the evidence,
and observed
.to the Jury, 'that: this NV:I 'queion
which they, were the best, judges of, and begged that
they would consider it attentively.
The Jury retired; and, in about an hour, return-
ed a terdiet for the Defendant.

CALVERT v. MARIiDEN AND OTHERS.
TIII9 WaS' adion of trover,,hrought by the Plain
tiff against his assignees, .to recover back sonic holies
of which 'they had seized.
`I t. °llje4t of this anion WM, totr,' the:validity
of the*cortunisgion;. by cOnveilteg the Defendants to
proe that the Plaintiff was 4 dealer lktbleto be made
a bankrupt; and that.he committed an apt of bank-
ruptcy. This being understood between the pat-
ties, the evidence on the port of the' Plaintiff was in
mannet.adthitted, for the pUrpose of allowing the
Defendants, if they could, to .prove the ti.t6ts;: tg.as-
C&rtaln.Whieh, the adiOn was-tried; •

Several witnesses were accordinoy.called from
NV hose testimony' it appeared, that the Plaintif Was;
owner'of two or three stage-coaches, and had at:
different times sold 'horsps and bought them again at
a minced:price ; and alsO, that he was in the habit
of Selling small 'quantities of hay and oats to any.
person that would come 'to his stables':lnd'l-isk for it,
For the purpose of provjng..the aft: of txmkrUptcy,
a Clerk frorn.the of tee of the Sheriff Of
was ollled,',•who protect, that twenty-six writS had,.
been lOdged-inhis (Ake. Again'st the Plaintiff; in the
course of one year; 'and a Clerk-from the office -,of
the Sheriff of Surrey,. produced eight, which. had
bon' lodged agousi the Phihetilf in his office. A
servant, who fornwrly lived with the Plaintiff, then.
(1,2;p05c..d,. that -11't master, seeing me lii, Creditors-
ci.iming up th stable-yard eve dak, desired him :to,
tilt the Gc.faktilaithe was, not at home ; which the
;Witness accordingly did, though, at .the same time,
lii master stable, • - '

The, Plaintift's nobility to beconie a Bankrupt,
and the ata of binkr...iptcy being tleftrly,pioved, it
was a -Yreed th;it a Normui t be entered:

To remove 1?-un....;:pb:tillsi tp:rl from Linen,
—Alta-the hnen has been washed, lay a- quantity
of creertn of taytar.on the sta,lned spot, and
tic:-that part or the -:linen to ictil> tue applicitiOn in
its place, and thus put =unto the cppßer =trs
tie
b I o frirther:tr6uble i rf.niuiret..'t„ as the 5,..11
,
c ompi ctely vanishes in tnebowne%
•