The Sun.
London, England, 1804-11-22 00:00:00

efIACKI.tTbN v, ALDVit.

This was an brought to recover 3 SI, the
amount of a Bill of Exchange: b was at first drawn
a* a mere matter of accommodation. The Wen.
'ti.int became a bankrupt, and 1 CklnOder.tti,m for the
Bin accrue(' after the bankruptcy., "The question
wag, whether the Defendant in this case ought to
134 fur the Phintifr,.tBl, with interest.

COURT OF COMMON PLEAS, Nov, Za,
.
PAItSON3 SOLONMNS. -

Mt. 5.:!...ran.!
.110-;-Moved for a Rule t,a dischevrge
the D;ietidant, who iaexecution, 'in
the InQ et Prison, grounded tit.in etri affitavit, that
his usual sixer.ces had' [vet been' tinlY paid to him,
on the cOnciusion of a certain, week, as by law re.
qUired, and whereby he bec.ime libera--
tinn from ccettoily.
Sir JAM ti r:sr n said, this application hats
come twice .a:r tady beture himself, apd"• one of
his brOzher 3,1.1 r s, upon a similar affidavit, but
hick was rebuted by an :tificletvit on the part of
the Plaintiff, sworn by the young man who had
usually carried the weekly alloWances to the Fleet,
and paid them to the Turnkey, which Was the: re.'
gular mode,: for the Prisoner's trie, or at least to
a person who personated thc Turnkey, who opened
the gate for,him, and was in pliscssion of the key,
the only, ostensible appearance ,1)y. which he could
he supposed toknow the Turnkey, and that this
was done in the presence of a young; Man who act.
companied him. It was evident, therefore," that
there had been no ontissical on the part Of the
Plaintiff, though it was very probable some frau.
had been played, to get possession of
the key, for that time, (rum the Turnkey, by some
person
,leagued 'in, et stratagem for, thus attaining
the Prisoner's liberation.
Mr. Serje:int BE,T replied; with deference,i that
he Was nut aware of the sitbstanee of any former
affidavit, but in that whiehWas the grOund of his
present motion, the Defendant swore positively,
that he never received the money, direttly, or in.
directly, nor had he any knowledge or concern in
any such fraudulent transaction for the purpose of
'unfairly obtlining his libcfation, There were, also
the affidavits of the three Turnkeys always em.
ployed at the gate of the Meet, that neither'of them '
bad, on the-particular day stated, .allow-ed the key
out of their possession for one moment, to any per.
son but one of themselves ; and that neither of
them•did,,un the aid illy, receive payment of any
alltr.vact! tor the Defendant.
Sir jAmta MAtos L,:,t waS still confident, Irmo
the EtVedrillg Of the young Inv), that the money had
been paid to some one at the gate of„tlieFicet; and
that it was by no meins_unnatural to suppose,
without inipttting any charge of wilful false s'ear.,
fug to any of the Tornkeys,.the tri.vialcircumstsnce
of All some' other person to have
~rnurnentary
vision of ttTe key, while it was contriyed to
keep thenvin coovt:rsation. However, a Rule,,Old, might be taken for the Plaintiff to sheW cause.

P. DFOK Yro. STOK QU; Tam.

Serjeant BAILEY showed cause against ,a
motion Made upon' a former day by Mr. Serjeant
Elect for a Rule to 'set. aside an execution upon a
judgment by default ; which motion was founded
upon the„affidavit of-the managing clerk to the De.
fendant's Attorney, that he had good and sufficient
grounds to slim for setting aside the said execution,
Mr. Serjeant BAILET'HaIed• the case to be an
aaion founded upon the Ad of George 11.. called
'' Jonathan Wild's. Act," by Which it is made law,
.that if any person shall . advertise any gorids
stolen, and shall offer any reward for the rtstt.ea.
tion of -the same, or for refunding any money paid
or advanced thereon by. any person,.in considera,
don of their being so returned, without forther
inquiry, such person so advertising shall forfeit the
sum' of 501. Now the anion in this case was
brought to recover the penalties upon two adver-
tisements published in a Newspaper, stating, " that
an old family gold watch had been lust or stolen,
and proposing to pay" more than the value to any
pawnbroker, or other person, who had purchased or
advanced money thereon." The Newspaper had
the name of the Defendant annexed as printer, and
reference was had to the Stamp.Offiee, where be
was proved .:to'have been the printer-of the Paper.
Judgment had therefore gone by default, execution
was issued thereon, and two penalties of soh with
the costs levied. He therefore contended, .that the
proceeding:was perfettly regular ;:and that the .De.
fenders could have
,no groond of complaint. ......
Mr. Serjeant 113115 T .said, it was 6,4 so he ee..,
petted that in this stage of the case. he was in.
mated to state what was the" ground the Defend.
ant had to strew, nor was it the usual practice in
this stage to go into the merits of the grounds of
oblation. The. judgment in this case had been
obtained by a very rapid species of predict., and
upon a mere mistake. in an .afllilairit filed by the
Defendant-,that he owed the King nothing ; whigh
was not the plea intended to have been filed, and
which, on the part of the Defendant, i.r kworn .to
be a Jnistake. N glee of trial ,was served on' the
sth of the present, in Inlll ; judgmeat .Went,l.sy • tic.
fault upon the i4.th ;-execution was issued n the
tstit, and levied the same evening, without serv.
ing the Defent6nt ;with any..notice to• tax costs ;
which, he said, was reproof of the kind of, opinion
entertained by -the elainrifF 141111;1f: of the, 44,,tice:
of his catrie, knOwing very well that a notiCe.d.to
tax Costs would have immediately led to an appli-
.catiOn for Setting. aside .the judgment. •
Mr. Serjeant BAILEY replied, that notice of Tax.
ing coats had been served bur., offered to, accept a
compromise,: by his Client taking one penalty with
costs, and relinquishing the other.
17,..; this Serjeant decidedlrobjeeled, eonfi.
dolt that the Defendant had good grouod-. to set
aside the jedgment. --
Serjeant Bnt LAZY proposed , then to let tlie sum
levied -remain in Court till the ultimate decisii:i%
sho'uld take place. .
• Serjeant-BEST Objeeted.

Sir lAMBS INilektiaitELD suggested that half the
penalty should remain, .its it would he only icr a
very spurt time.
• Setjeant Bell' said, lie mast submit to whatever
the Cotat tai pleased to order ; but,' in this case,
obje;ft• vas ptiocipatly against the establishment
of a, precedent, .contrary to all 'usage, and which
most lead to 'a most material change in the prAtitee
of 'the. Cotift.. Resides, this was a rase of a ..very
tlifteretit ,nature-:from mink otliers,, 'and 'eon art..all
coming .wittiri- the.sritit of jonalkipt Wild'," Ati
for he sulMosed it, to be an i+ Ciotti lotinclett on ''rtes
rest ncitsei but uport,a fiCtitions ativrrtise.ment, sent
to b loserted,fur the very purrose of betraying .the

. . . .
Defendant into this inadvertency, 'to form a'pre.
tc,nce for stripping hirn of his property
.by- a Qui
Tom ailioo.

. The Court was pleased to order, that the De-
fendant should have leave to plcad, on paying the
enst.of.signing judgment, levying, and of this ap•
plicaoon.


EXTRAORDINARY OCCURRENCO.---TO all who,
from previous ill bIICCeSi, relax in the pursuit of for-
tune, a statement of the following event must
prove. interesting.:----In the last State liot (cry
every Capital Prize, singular to relate, was sold in
Shoes. Among the fortunate holders was. ;Coyn...
try Tradesman, who, from a series of unpropitiousi
adventures in fotmer Lotteries, had resolved never
to engage in a future one. A friend, however, ad-
vised him to persevere, in a moderate degree, in
courting the-smiles of the fickle Goddess. With da.
culty he was persuaded to purchase a' Quarter and an
Eighth Share. . The mazy. Wheel. went round, iind
presented him, ere the drawing terminated, with a
Quarter of one of the .20,000l.Capitals,and his Eighth
• with its share of a wool. Prize. These fads. are
too extensively known to he questioned, anti this now, .
doubly fortunate Adventurer. has been dui; enabled,.
from being andiumble trader in the Country, to re.
move to the ;metropolis, and beep= a partner in a
large mercantile; concern,--Such was theseward of
perseverence, which may prove a profitable lesson
to the timid and hitherto unsuccesift4in L )1-
tery AdventuTe—particulatly at a moment Oen
Scheme is Nefore the Public indisputably ric4r.in,
great Prizes, considering the r&duced numbcr ok
Tickets, than that of any preceding Lottery..

Manday se'nnight YID Yonil, Dyson, con.
viaed of swindling and obtaining money on false-
pretences, was adjudged by the Magistrates of Gas.
gow, to six months' confinement in Mamell, and-
tl be banished the city for three years. '.Few
stances have occurred wherein more numerous ex -
anions have been made upon the credulity and lime.
valence of the Public, on a small scale, than by this
woman. , Her -usual. story was, that she was pd.
vately.married to one .Dyson, who refused to ac.
knowledge ber, anti had gone to Ayr to avoid her;
she then requested relief, to enable her to take some
judicial steps against her husband, against whom
she bad-a petition • ready drawn up, which she'ex.
hibited. If successful in her demand, she used .to
return to the same house a short time afterwards,
mention that she had been at Ayr, had made some
progress in the 'business, but was under`the neces.
city of going thither again, and requested some
money for the,second trip. She is a woman rather
under the middle s4c, thin in her person, with dark
eyes, an aquiline nose, sallow complexion, and face
much pitted with the small.pox.
On Sunday sennight, about ten o'cloCk, the cot.
t •n.tadory belonging to Mr. Tillotson, of Watley,
near, llalifax, was discovered to, be on fire; but by
timely assistance, and the greatest exertions, was
happily got under in about two hours.--The pro,,
petty was, not insured.
A few days since a small bakehouse, built for
the use .of the Troops, at Arundel Barracks, was
St,:ddenty'Linwn, whilit the. 4!c was in the
oven for the pions! of heating it. Mr, BRIGHT,
the likker, hid just left- the premises to fetch from
a neighbouring building: a sack of .flour,, and was
thereby providentially saved from destruaion.
Tuesday sennight a very shocking, affair occur.
red at Cottingham, near Hull : A woman having
left her infant child- in the cradle, alone, whiles she
went nut, and.negleding , to shut the dour,, on hr
return found tile child lying on the floor, and both
its hands nearly eaten off by a sow which had found
her way into the house.
A few days ago George Cowper, a farmer, at
Pettetil Green, near Carlisle, was found suspended
to,tbe bed.tester, in AO apartment in the White
Hart lon, Penrith. Coroner's verdiA—Lrm. ary.
He has left a ,large family.

Early on Sunday morning last Richard Robinson,
a bricklayer; who had been committed on suspicion
of stealing a•great -coat frnm, the Crown public-
house, Canterbury, made hia escape from Westgate
gaol, in that city, by gaining-th'e platform over the
gateway, and descending thence into the pound
adjoining the lane, by means of his blanket, which
he, cut up and joined together so as to serve the
purpose of a rope.
Monday sennight the brewhouse at the Weaver'a
Anus, in Wakefield, was broken open, and a large
box of kooks taken away, most of which ss ere af.
terwards found' scattered about in the churchyard,
and variojis fidds neat•the town.
We understand that a clue has been found, through
which there ate .good grounds Sc! hope, that the
persons concerned in the recent rubbery of the Office
of Mr. SIT Aw, of Brids—e -streerovill be discovered,
and the greater part. of the property, if not •the
whole, -r-,covered. A man who was formerly in
the, service of •Mr.:SHAw, and who for sornc time
back has, kept a'public,house in St. GeOrges Fields,
is in custody, and has undergone a, private exatnina.
tion at the Mansionlioose. Several of the bank,
noses, and all the bills of exchange, were found in-
closed in a rcipkin in an old trunk in the Prisoner's
Mouse. Almost immediately after the robbery, cit.
cumstances were diSelosed kick excited .suspicion
against this person, but yet they were not sufficient
to,justify application for his arrest.— Through the
dexterity, however, of some of the Police ()dicers,
seconded by the activity of
,Mr. SHAW himself, a
bank.-note was traced to the Prisoner, which had
been passed by :his barstnaid to .a iinenAraper.in
:Great Surrey.stteet.

Qn Wedriesti,ty last-a .girl about six,years.of age,
•belongitirto mined Mills, a shoemaker, in
the High-bridge, Newcastle, was let't by her mother
in the house while she u+nt to get some water;' hut.
.she'llad not been lonrouti before the ihild apprnaelw
ell so neat the fire as .to occasion its clothes taking.
, hold. Same of the neighbour:l heatint the child
cry, ran to its. aihiStanCe, .1111t1 CXtiogUiShed
...jl4 (net* brtbilitig"it 111Anke:10' On the return of
inothet, medical aid- was, immediately sent for,'
when she was witliAlie,ftind,expe4atiun of
its recovery, but- is•hati•rectiv =,suci) a fright that.
it died next mond:flit fouro'clock.