The Sun.
London, England, 1804-12-21 00:00:00

SPLBY AND ANOTHER V. BDTTERYIPLI).

Mr; EWSK'INE stated this to be art•aello' n of tres.'
pass. The ykinOrs bldi media transael bud.
ness in the Open air; as deitlers in coals; but they had
aftertyards eretled, at a grearexpence, a building-
e‘illed the Coal Exchange, Wliere there was a Tavern,
and'aecomModa t ion io ftfcptinferstbut the Exchange.
room was not to be entered by any who were not.
tthscribert,, and the stytiketiptinertv-as five guineas a
year. The Defendant,' Mr.. But'tetfiektswlis to be
defend '
ed Learned
by his Learrrieatt, Mr, Cr nas, who
might, pert*, up in his 'defence, that he was 3,
,comtri6n-itArtner, 'and that as he Was n't conviarlf.
or any tibit for 'which he rifight lie transported, he
had a right to stay in His 'Majesty's doMinions
that he hild no property by .which 'he could pay for
a right Co be any where, and theterore' he •was no
trespa3ser wherever he inipnened to ren-laiti. Unless
that was a good defence, he had no d••fence at all,;
1(414 had repeatedly gone into the Coal Exchange
after Midge that he was not to go, and if he did goi,
he waS'a-wilful trespasoer.
It was proved by deed, and ot!-,er evidence, tlrat
the Plaintiffs were two Proprietors of- tie Coal Ex.
change, and, the Beadle proved he had' repeatedly
told the Defendaut.he was not to go into the room,
and had endeaVoured to persuade him to go onty but
all ip vain; that he had deOteil the Defendant to
;look at the ,Board, which, would inform film that
'none bit subscribers were allowed to enter ; to which
he said, "he cooid not read," It was'pruyed also
that the Defendant had notice, that if he came he
should he held 'responsible if a wilful trespasser.
Mr. G 1,13113, do the part. Of the Defendant, con.
tended; that this was' among the most.. ridiculoUs
causes that ever were bik,ught into a Court of Ins.
tic?. Flis Leatned Friend, Mr. ERSKINE, had said,
the Defendant was not ordered to he ttansported,
and had a right 0 remain in the,King's dominions,
but had: no property to payfor any place fok hint. '
Of; and *by wtiich he inferred that wherever lie
'wasi_he mutt be a trespasser. 'He was also a corn.
mon informer; but Mr. ER.Mltteit Clients were per.
sons commonly informed 'against—dealers in coals—
persons shrewdly- suspeded otr doing some- things'
that were not exactly conformable to the Lawa of
this: Realm. They entered' into their schemes in
this room, and it was not convenient: that the Dc.
fendant 'should be there, fat he was a Coal' Meta,'
and bound to (lo all he could w keep the Coal Deai,.,-",
era to hotoethipg like honesty in their attionS;
they excluded him, and the Witness said he did all
he could topersuade hint to go out, , and the' way
they persuadeal him was with a large stick,.for which
heretofore the Court.
,of Bench ;had the
cruelty 'to send this very Beadle tti its prison. In
a word, one third part of a farthing•would be aa,
mages enough in this case. . .
• Lerd ELI.EinOROUG}I slid, the damages was tiv.
only question, because the `Dz.lendant s s a trees..
passer after notice.' Verdi et fOr Plaintitfss-441Y4-
•mages One ing.
Its Lordship siterwardh said he would certify in
,this case, for • the purpose tlf preventing persO.4
trespassing after notio, which had great tendenc
to breaches of the peace. '

COMMON PLEA,;, CUT LDJIALL, pxc,

kOitINWN TURP!N AND NIANSFIrj,q,

.11,is was atilion brought by the owtier of the
shipluilry, to recover from the •Defendants,
;owners of a lighter, the value of two hundred bar-
rels orpitch:abd tar, which had been losrat
wall, on account of the craziness of the lighter, aril
the negligence. of'the bargeman.
It appeared from the evidence of':Edward Glos.
ter, a Revenue Officer, who 'was on board the j,„41,4.,
fry in November, 1803, that the lighter had b;en
broUght alongside on the evening.of the gth, and
that he, by the direBion of. the mate, who. was a
Swede, as write 'the- limb, asked the bargeman,
how many biirrsls - should- .be put bn board :the
lighter ? The man,told hire two hundred, and de.
sired him to have her loaded as soon as possible.
The hatgernan then went, ashore, leaving .;.te,
lighter between .the Industry and another reice,
without a man on board. The next morning;;
a little' after seven, they began to load her, and
had the zoo barrels or, bused by twelVe o'clock ;
they then shoved her out from between the
ships, and fastened her by 11 painter to the stern of,
the' tvehisny, where she remained 'the whole of that
days without the bargeman coming to bring her-up
to liondon, About twat in the murffing he was awoke
by the man en deck ,calling up the mate to tell him
the lightei was sinking.„. He, went on deck home.
diatelr, anld,saw her go down every
,etlort was
made by the pumping to 84 yi! her, but without sue.
cess, , She was afterwards taken up, and appeared to
l)itn,to be 4'. very crazy craft, and had a &flu, in her
bow that he coulti put.his hand in.
Setic.int for the Defendants, said, that it
:W.14. 43 Way)) the custom' for the Master of the Ship
tp send man.on "briard the lighter, when she .came
alontvide, him, to take c.tre ot her, until the barge-
man retAitrted, who in variably went on shearer, to
}lwo which, he cailed
,severaf owoers of lighters
hq,alsu, called the bargeman- who hait'btbught the
Tightc,.
„to rite yeses!, s !Ivipre:the lighter was o'4
gPPO, i 4 Pe..w•Pthl 00, 0110".-0 60344'13,5uizu on.
der her bow.

'll.e.
,jury,, wiihnul giving. his j,ordship the
trouble of readhig-ovrr.lve critlence, give a vci-'
fns the PlalntifF aiii,:iges 1921,