The Sun.
London, England, 1805-11-16 00:00:00

LAW Lll4

COURT OF CHANCERY, Nov, i 4.

Tun time cif the Court was wholly occupied, this
day, in hearing motions of course which, as they
only related to matters of arrangements, settling of
costs, the produetion of' papers, &c. contained no-
thing by any means interesting to the public.

COURT OF KING' sBENCH, w ISTMINSTER, Nov. Ts.

JUDGMENTS.
TIIE KING V. THOMAS DEVAN.

'This was an information tried before Mr. Justice
L.kwauNcc; at the last Assizes for Hereford, when
the Defendant was convifted of offences against the
Revenue Laws ; and, upon the motion of the Soli-
citoi-General, brought up for judgment this day.
It appeared upon the trial below, that the De-
fendant, being an Officer of Excise, did accept ce»
taro sums of money, through the medium of
wife, from one David Parry, a Fish-curer, at Pis-
gard, in Wales, for permitting him to sell and dis-
pose of various quantities of salt, free of duty, not
for the purpose of curing fish, as stipulated by A&
of Parliament ; and also did suffer the said David
Parry to make false returns' of the quantity of salt
Which he used in that way ; on which returns affi-
davifs were indorsed as to the truth of them, the' De-
fendant signing his own name and that of David'
Parry to those affidavits, as if sworn before him,
when it appeared at the trial that Parry Was a Welsh-
man, and could neither read, write, or speak Eng-
lish, but gave his evidence through an interpreter.
The Court ordered the,: Defendant to. be com-
mitted, and brought up again.on, Monday the 25th
instant.

THE ICING V. PEANCIS NRELSPORD, GENT.

This Gentleman was also brought up for judg-
ment, for assaulting and beating Mr. Geo, credriff.
He had stiifered judgment to go by default. '.
' From' the affidavits it appeared, that bdth parties
were Attornies, residing at Tavistock. Softie mis 7
understanding having taken place relative to a small
bill of costs', the Defendant accused the Prosecutor
of taking the business of a Client frOM him; an
answer followed ; and the Defendant wrote a second.
time on the subjeet, when The Prosecutor, as it was
stated, posted the letter at the church-bow, in a, con!
spicuous place, in his own vindication. The De-
fendant, provoked at 'this, went to the ProsecutOr;
called him several inkprobrious nmes, and, taking a
horse-whip from under his coat, first shook it over
his head, and then beat him severely. The Prose
eutor, not wishing to let matters go too far, wrote to
him, saying, that if he would make some conces-
sion, with which he could be satisfied, he 'would
think no more of it, otherwise he should seek redress
in a Court of Justice. No answer was given to. this;
but the next time the parties met, the Defendant re-
peated his abuse, and again horse-whipped the Pro-
secutor ; and, when the indiameitt was preferred,
-told him, he, did not care al3out it as he had as long
a purse as himself. .
On the part of the Defendant, his, own affidavit
was put in, stating, that the first provocation had
been given by ,the Prosectitor himself posting-, the.
letter ; and, being of a warm temper,: he was irri-
tated by it; that he afterwards made every offer in
Ma power toward! a reconeirlation. and expressed
every sorrow and contrition, for his past conclutfi.
Several other affidavits of Sir Mana,sselt Lopez,
and other Magistrates and respectable persons of
that neighbourhood, were. read, and represented the
Defendant to be a young man of a very amiable dis-
position, and most peaceable' demeanour.
Mr:ERSKINE, for the Prosecution, offered to refer'
the whole matter to Mr. TEMPLAR, Master of the
Crown-Office, as the parties were all professional
men, and from the same part of /the country. •
The Court, however, thought it a subje& in which
the , Master could tint interfere.

Mr. ERSKINE then observed, it was Most extraor-
dinary that all assaults of this kind were committed
by persons of the most peaceable dispositions. He
admitted the posting of the letter was wrong, but it
was done inpvindication of himself, being charged
with taking the Defendant's clients from him.
Mr. Serjeant LANs and Mr. DAMPIER made a few
observations on the same side.
Mr. EAST, for the Defendant, dwelt on the cir-
cumstance of the whole business being of a private
nature only, between these two persons,till the Pro-
secutor published the letter, which was the cause of
all the subsequent circumstances. The Defendant
was a young man just coming into prat tice as an At-
torney, and bore a most excellent diameter, as ap-
peared from his affidavits. He had made, and was
still ready to make, any concessions that, might be
thought necessary ; and, under these circumstances,
he'trusted the Court . would temper justice with
mercy._

itandail dtd-ntir h..ppear, %id-utter lvalf cemmtt-
ted, and ordered to be brought up On the 2.ith in--
stint.
Joim Dunstan for a like offence Upon Richard,
Lisle, a Revenue Oriicer. Tt appearing that he had
committed a similar offence some time ago, = for
Which he was in‘prisonecl two years, the Court or-,
tiered him to be committed to Newgate, and arso to
be brought tip on the 25th. • - '
Swift. and Bones, stated to have been notorious
Smugglers,- *ere conviaed'`of a 'similar offence.--
The latter had since absconded, and his recogniz--
ances were accordingly estreated.
Swift was committed, and ordered to be brought
up on the same day.with the others.
Charles Lower, Charles Jameson, James Moody,
and Francis Rich, for various similar offences
against the Revenue Offieers, were also remanded
till the 25th.

Wm. Salmon and James Parnel, two respeaable
Innkeepers at Deal, were also brought up for judg-
ment, convided the last Assizes for Maidstone of
assaulting Mr. James Stewart; Lieutenant andCorn-
mander of His Majesty's hired-Mined Cutter the
Jackal). The, cause of dispute between those par-
ties arose from Mr. Stewart's requesting that the
Defendants would shelter a poor man, who-n-1 he
found in the road, either dead, or in a state of insen-
sibility, about two o'clock in ythe morning; an al-
tercation took place, and the Defendants assaulted
the Lieutenants and took his dirk'from him, which
they broke in two. • •
Mr. GARROW, for the Defendants, observed, that
in a town such as Deal it was well known that
drunken sailors were to be found at all hours of the
nightlying in the streets. His clients thought this
might be the case, and refused admittance to:the
man in question. In fa&,• it was the waiter, and
not the'Defendants, who (lid so,
Lord ELLENIOROUGII thought, 'that in the cause
of common humanity no house should refuse to give
assistance at any hour,
The Defendants were ordered to go before
.the
Master, for the purpose of making such 2ecuniary
compensation as he'should award.

COURT OF COMMON PLEAS, Nov. LI.

BOIT. V. HATES.

Serrant STlEPHERD'shevved cause against a eon-
ditional Rule, of by Serkint Bes•r, that
.the
Defendant's bail 'should be discliat'ked, and all the
proceedings set aside, on the ground of the arrest
being Irregular.
• The affidavit of the Defendant stated, that while
he was in. his work:shop;:in 'Horse and Groom Yard;
Leather-lane,_ Holborn, which is in.:the County of
Middlesex, Edward Goold, a Sheriff's Officer, came
and arrested him on a London process. .
On the part of thePlaintiftseveral affidavits were
read, all of viih:rh went to prove that Goold Went:to
the Defendant's house, and, beinginformed that he
Was in 'hiS work-shop, desired„he might be told a
Gentleman wanted to speak With' him. Mr. Hayes,
not suspeCting the trick, came'doWn frorn'tiii 'Shop,
which movement bringing him.,within the verge of
the London jurisdiction, 'the writ was executed.
The Learned Counsel, on 'each'side, were heard in
support of their respective clients, and the Court
considering the :weight of the evidence to be in fa-
vour of the legality of the arrest, dismissed Sorjeaut
ibowr'a rulo with costa. .

About one o'clock the Court adjourned ; and
shortly after Sir J. MANineLD sat at Nisi Prids.
The paper contained but five causes; two ai
which were postponed, on motions, until the Sittings
after Term. Two others being undefended, were
soon got through. The fifth was as follows :

EVANS V. ALLEN.

This was an a&ion to recover a compensation in
damages for an assault and battery.
The' Plaintiff -was a dealer In horses, and the Do
fe.ndant an eminent tripe', cow's-heel, and cats'-neat
Merchant. It appeared, from the evidence on the
part of the Plaintiff; that, on the 19th of March last,
he went into the Defendant's shop, in company with.
a Mr. Gardner, and a terrier dog. Allen, in a very
rude manner, asked who owned the dog > and took
down a whip, for the .purpose of turning it. oat.—
The Plaintiff was very willing that the dog should
be turned out ; but the Defendant insisting that the
dogiii master should also go out, some words en-
sued, the consequence of which was, that the De-
fendant collared the Plaintiff, and flung him into the
street. Oh this he brought his action. •
On the part of the Defendant, Serjeafit BEST
stated, that, though dogs might, he, in most places,
very harmless animals, yet a dog in a tripe!shop
could not be considered as such ; 'and, as to the:
Plaintiffs being shoved out. hi a violent manner, he'
assured the Jury it was no such thing; he was only
turned 'out" in the ordinary way. that persons -are
when they behave ill.
Several witnesses were then called for the De- -I
fendant, who all swore positively that the'Dt4iul-
ant and his wife caudated themselves with the
greatest civility, anel that the Plaintiff behaved in
the most violent manner), positively refusing to turn
out his dog, winch, rOat awl aboctr ti-.4,81r0e trite
unrestrained, picking up all the delicious parings of
book and honey-eptrib, which here and theze lay
strewed 'about the floor. The De...ferniant b4ing in-
dignant at the conduit of Mr. Evans, took 'him
quietly,by the shoulder, and, with all the gentleness
of a tripe-merchant, led him out of the shop.
Sir JAMES MANSVI ELD,- after fruitlessly expressing,
his wish that the parties -should come. to. wale,
agreement, observed to the Jury, that, on account
of a defect in the pleiiding-s, m his opinion the
Plaintiff. must have a verdid- ; but he thought it
best, however, 'to take' their opinion on the fads of
the case. His Lordship then read over the evi-
dence ; and. the Jary, after a short consideration,
found a verdict for the Plaintiff—Damages twenty