The Sun.
London, England, 1827-08-09 00:00:00

TO THE EDITOR OF TILE SUE.

Royal Marine Barracks, Chatham, Aug. 7.
was yesterday directed by Col. Savage, the Com-
mandant of the Chatham Division► of Royal Marines, to
write to you relative to a statement which appeared in your
Paper of the 4th inst. respecting the enlistment into the
ROyal Marine COrps, of John Slade, of Huntingdon.—
Nothing was known yesterday at head-quarters of the cir-
cumstance ; but, to7day, a report has been received, men-
tioning that the man had been enlisted, but not attested,
by the recruiting-sergeant stationed in that neighbourhood.
By this post orders are sent to Huntingdon to dismiss him
instantly. Col. Savage, and the Officers of the Corps,
will therefore feel much obliged, if you would briefly
remark, in your next publication, that "John Slade has
not been received as a recruit by the Royal Marines—men
of fair character only being accepted in that Corps."

I am, Sir, your most obedient servant,
A. BURTON,
Lieutenant anti Adjutant, Royal Marines,

MEETINGS OF CREDITORS.

LONDON DIARY.—FRIDAY, AUGIIBT 10.--(At the Court of
. , Commissioners, Basinghall-street.)
Avery, J.; Chelsea. ll Franks, K., Portsca
Bastabie, J., Hackney ll Johnson and Davies, Vaux-
Boußef, D., Reading. ....
Bullivant, J., Pimlico lfY King and Bonsor, Maiden-
Cope,'H., Barnet ll lane lO
Corbett, A., Friday-street... 2 Oldtield, J. and Co., Edge-
Croyley, E., Frith-street ... 11 ware-road
Curtis, T., Chiswick .a ll Snow, J.; Strand . 11
Donald, W., Brighton

•
COUNTRY ttl A RY.-.SiertiP DAV, Auo. 11.
Brett,and Co., Burslere—Littleton Arms, Penkridgs
Cash, .12i Liverpool—Mr. Mawdsley, Liverpool i
Griffiths, T., Illton—Star, Manchester lO
Wentworth and Co., York!—Court-house, Wakefield

INSOLVENTS APPLYIN(
Petitions to be heard at Pertugi

G TO D 1 DISCHARGED,
;al-street, Lincoln's Inn Fields,
, AT. NINE. •
(Taylor, S., York-street, nether-

AUGUST 13,
Potts, J., Siamford-st., Black-I

fars-ioad
Rutlidge, R., Henrietta-street,
Covent-garden
Scott, 3;., Upper Stamford-it.,

hithe
Webster, J., Chelsea
Witthehl, J., Earl-street, Mary.

Blckfiiani.:
Smith, C., Lambeth
Spiveyi W., linoridbury, York-1
shire
Thornton, 8., Reigate

lebone - -
Winkler, 8., Turnmill-st., Cler.
kenwell
Wray, M., Guildford-st., Spa•
fields

A-UGLi
Bentley, J., Stayleybridge, near

it 14.
rHopkins, .L, Drury-lane
Parkin, J., Rochester
Patten, S., Ernest-street, Re-
gent's-park
Payne, 8., Fenehurch-street-
buildings
Prujean, J., James-street,
ißed-
(ford-row
Saxon, J., Clifton-street, Fins-
bury
Slater, J., Lane-end, Stafford
Smith S., Crown-street, Fins-
bury-square
Townsend, J., Little Pulteney-
street
Winn, M., Irongate, St.Cathe-
rifle's

Madefiesier
Meese, J., Church-street, Mile.

end-iona
Burrell, T., Drummond-street,

Eusto'n-sitiare
Coe, J., Walthamstew
Davenport, S., Derby
Egler, G., Swaliow-street, Pic-
'•"

-cadilly
Gardner, S., Elm-tree-road, Ma-

ryleboile
Harrison,G.,Broad-st., Blooms-

bury
Hurrell, T., Ghent
Jeanneret, J., North-buildings,
Finsbury

COUNTRY...--,At tht Court-house, at Ruthia August
at TO o'clock.
!Party, H., Abergeley

Jones, J., Abergeley

SUMMER ASSIZES.

WESTERN CIRCUIT.-EXETER, AuG. 7.

Lord Chief Justice BEST and Mr. Justice BUR-
ROUGH entered this city yesterday evening, and
opened the commission. At eleven o'clock this
morning they commenced the regular business of the
Assize, the Chief Justice at the Civil side, and Mr.
Justice BURROUGH at the Crown side. The
business is generally unimportant; that of the Crown
Court this day was . quite devoid of interest, the
calendar containing no crimes beyond the ordinary,
chiracter. There are 31 civil causes.

CHARGE OF COMPOUNDING A FELONY.

HUNTER, V. GREEN.

This was an action brought for the recovery of a
sum of 3i. 95., paid by the plaintiff to the defendant
under the following circumstances. The plaintiff
was in the habit of travelling at stated periods
through this county to sell tea. In September last
lie arrived at Axminster, to meet his customers in
that neighbourhood, where he had a room at the
Bell Inii. Upon his arrival there, he enquired for
his old apartment, and was told that it had been lent
to Mr. Green, for his cloth, who was also a traveller
in that line. The key was, however, given to
Hunter, who, with the assistance of a person named
Allen, deposited his tea in this apartment. On the
next morning, however, Green suid that he observed
some of his cloth and kerseytnere had been cut, and
it must have been done by the plaintiff or his assist-
ant, against whom he took out a warrant for felony,
and had them, brought before a Magistrate, who said
that they had better settle it, or else they must be
committed, as the defendant swore positively to the
loss of his cloth. The plaintiff being-anxious, how-
ever innocent, to avoid this extremity, yielded to the
suggestion of the Magistrate, and paid the .money,
which he now sought to recover back, it having
been illegally extorted from him.
The constable who apprehended Hunter and Allen
and brought them before Mr. Tucker, the Magistrate,
said, that Green swore nobody had been in the
cloth-room besides these two. His account of the
cloth he lost was very vague, for he could not specify
the exact quantity, and only conjectured the theft
from the cut Of the end piece. Green said nobody
would steal less than the measure of a coat or
breeches, and he therefore presumed he had lost so
much. There was no cloth produced before the
justice, or found anywhere, yet his Worship said the
case was proved, and the parties had better settle
the matter quietly, or else he must commit them-.
In this state, they retired, and Hunter paid Green
3/. 9s. It was the Magistrate who suggested
the settlement of the bainess, and they retired to a
üblic-house, drank together, shook hands, and
parted.
A tailor named Squire, who scald he had seen the
cloth on the day before, and also on the morning
when the charge of felony was brought, declared that
for a month there had not been, according to his
judgment, any cut off the brown or the Oxford
brown; but, certainly, for the blue, there did ap-
pear to be tt pattern fresh cut in an awkward mariner.
It was also proved that Green said, when he went
home, he would compare the measure of his cloths
and send an account of the supposed deficiency,
which, however, had never been done.
The totitT held that there was clearly no felony
committed, therefore the defendant must repay. the
money he had improperly received. If a felony bad
been committed, then the money could not be re-
covered.—Verdict for the plaintiff, Damages 3/. 9s.

ASSAULTNOTT V. QUICK.

Mr. COLERipa; stated the case. This was an
action to recover damages for an assault. Nott was
a lady's servant ; Quick was a barber. In June last,
the plaintiff was - walking in the streets of South
Molton, when he was attracted by a crowd, on ap-
proachilig which, he saw two dogs fighting; having
a regard for one of them, he stooped down to se-
parate the combatants, when the barber dragged him
away, assaulted him for interfering to spoil the sport,
and offered, in a boxing attitude, to get up a fight
with the defendant," if he stopped the fun of the
dogs. Heavy 'damages were not sought in this
cause : a small and reasonably compensation would
meet the ends of justice.
George Seile resided at South Dlolton, and knew
both the parties. He remembered the dog-fight in
the street on the 7th of June : several persons were
on the spot ; witness and Nott were walking by,
and Nott went into the crowd to separate the dogs,

heard the verse that—
" Those who in quarrels interpose,
" Must sometimes wipe a bloody nom"
which now it seemed was to be applied to dogofights..
Give whatever damages you think such a-case' ought
to have—in regulating the amount I cannot assist
you.—Verdict for the plaintiff, Damages Ono penny.

PENDKLLT V. BROWNS AND SLAYS.
This was an action brought by the plaintiff against
the.defendants for an assault and false imprisonment.
Browne pleaded " not guilty," but Sltme suffered
judgment to go by default.
Mr. WILLIAMS stated the case. The plaintiff
was, he said, a person in very humble life, a drainer,
and had cohabited with a woman, to whom he had
since been married. He now complained of an
assault and imprisonment, which was committed by
the defendants, under a pretence of making Pen-
gelly marry the woman he was living with. But the
fact, according to the Learned Counsel, was, that
the offence was committed through spite to the in- ,
dividudl, and not to force him to marry—a process,
by the way,very unlikely to attain its legitimate ends,
when imposed by force and violence upon any man.
He did not ask for large damages ; but lie did seek
protection for a poor man against the illegal exercise
of power by a parish officer—an appeal which he
thought an English Jury would alway sanction.
Robert Hill, a servant of Humphrey Slane, one
of the defendants, remembered seeing the plaintiff
brought by Browne as a prisoner to Shine's house,
where Browne said, " I have got the old chap at
last. I would not fail of having him for 501." They
went into .Slane's where they' called each other
rogues and liars, and both appeared to have strenu-
ously attempted to prove their case. When Pen-
gelly asked, " Why he, was taken, where was the
warrant ?" " Mr. Coham 's word is warrant enough
to take up such an old thief as thou," said Browne.
It was then agreed that he should be taken before a
Magistrate, who discharged him.
On his cross-examination, he said, that Pengelly's
woman was receiving parish relief.
Several other witnesses deposed to the same facts.
Mr. Coham, a magistrate, said, that Pengelly and
this woman had been before him, and Browne like-
wise, to make this matter up, when the plaintiff
expressed his willingness to do so; but declared
that his attorney would not let him, as Browne had
cash, and he must have some out of him.
The Lord Clad Justice BEST, in charging the
Jury, observed, that the class of attorneys, like
every other, had its various elements. One set of
attorneys were, he knew, men of the highest respec-
tability, and of the greatest benefit to the commu-
nity, while there was another, which really was the
greatest curse that could afflict any community,
because they went about stirring up litigation, for
the purpose of squeezing costs out of the pockets of
those who had any money to give. In this case,
undoubtedly, the plaintiff must have a verdict, be-
cause it was the high constitutional doctrine of this
country that no man, whatever were his character,
could be detained in custody without lawful cause,
and here there was not sufficient legal ground of
detention. But in giving such a verdict they were
called upon to estimate the real amount of injury
which the plaintiff had sustained, and how many
farthings they could count for that purpose, for one
at least they were bound to give. It was the great-
est curse of the poor laws, that they allowed profli-
gate fellows like this plaintiff to cohabit with infa-
mous women, and then quarter themselves and their
progeny upon the industry of a parish for support.
It was for the Jury to say whether they would en-
courage attornies to distribute themselves all over the
country, in seeking actions of this kind.
The Jury found a verdict for the plaintiff.—Da-
mages one farthing.
The Chief Justice BEST said he would certify,
that this-was not a case to carry costs. So far at
least he would stop the craving for proceedings of
this kind. It would be, however, a. question, how
far this certification would affect' the defeindant who
had suffered judgment to go by default:

NORTHERN CIRCUIT..—CORK, Ave. 7.
William Baynes, who had been convicted before
Mr. Justice Bayley of stealing books from the shop
of Mr. 'BarelaY, a bookseller of this city, and rgainst
whom several other bills of indictment, charging him
with similar offences, had been found, was brought
up to receive the sentence of the Court.
The sentence was, that he be imprisoned in the
city gaol for one year.
The criminal business both for the city and county
having been disposed of, Mr. Baron Hullock assisted
Mr. Justice 'Bayley, by trying some of the .Nisi
Prius causes in the civil conrt.

THE ASSIGNEES OF WILLIAM TUTE AGAINST JAMES AND

JOHN TOTE.
This was an action of trover, in which the as-
signees sought to recover 6021., the admitted value
of seven dyeing vats, which they claimed as being
the property of the bankrupt, who was a dyer and
d prove
cloth-dresser at Leeds, or as being at the time of the
bankruptcy in his reputed ownership.
Mr. BkoUGHAM Mr..fatigasoN conducted
the plaintiff's case. It was that the com-
mission, which was duly enrolled, was issued on the
ith of October, 1826, and that, the assignment to
the plaintiffs was executed shortly' afterwards : the
act of bankruptcy, and the debt of the petitioning
creditor, Mr, Morson, were also proved.
Mr. J. WILLIAMS, on behalf of the defendants,
who were the brothers of the bankrupt, said, that
in 1822, long before the bankrupt was insolvent, he
had been desirous of opening an account with
Messrs. Perfect and Co., bankers, but those gentle-
men had refused to accommodate him to the amount
he wanted, or indeed to any amount, without they
had good security, upon which the defendants exe-
cuted their joint bond to the Messrs. Perfect its
4,0001. conditioned to indemnify them for all ad-
vance they might make to the bankrupt; and the
defendants took from the bankrupt; in September,
1822, an assignment of a portion of his property,
including the vats in question ; in which assignment
it was provided that the defendants should suffer
the bankrupt to retain possession until they paid, or
were called upon to pay, any sums on account of the
security they' bad given to the bankers. After' this
arrangement the bankrupt dealt with Messrs. Per-
fect and Co. for four years, until those gentleminp
in June, 1826, became clamorous for the balance
then due to them; and threatened to sue the de-
fendants upon their bond if they did not liquidate it.
The defendants, in consequence, accepted a •bill,
dated the 24th of June, 1826, for the balance, and
consulted with their attorney, who, tinder the as-
signment from the bankrupt, put a sheriff's officer
into his premises, and this 'officer left his niece in
possession of
,the vats. The greater part
been of the
bill, which was fdr upwards f 6001., had paid,
and the defendants were liable to the bankers for
the remainder of it.' These 'facts, Mr. Williams
contended, were sufficient to make out the defend-
ants' title to the vats, which had not been removed
from the premises, merely because they were prin-
cipally valuable as attached to them.
'sh e jur
delivered6o2. a
a 1 verdictsthe
for the plaintiff, and
were about damages,
when the
Counsel on each side arranged that the damages
should be nominal, as the vats had not been re-
moved.
yt ogi '

PATTISON V. CRAVEN.
This was an action of assault and battery, in
which the defendant pleaded not'guilty.
Mr. BROUGHAM said that the plaintiff and defend-
ant both attended a manor court at Gunnishorough,
on the 11th of May last ; the plaintiff acted, as the
by-law man, and the defendant es the-bciliff :of the
Court. The defendant, a sheriff!' officer, was pos-
sessed of very great strength and weight, and me -
by no means unused to the exercise of the powers
with which nature. had provided him; he was not
apt to bear his faculties ,too ineckly. After the