Star.
London, England, 1830-04-10 00:00:00

COURT OF REQUESTS, GUILDHALL.

AGEWCY-NZIT ♦. 0011INII.
This was a case brought before the Commissioners, for the reco-
very of a sum of money from Messrs. Cohens, merchants, of the
I City of London, by Mr. Belt, the agent of a Hamburgh merchant,
named Hulbert, under the following circumstances :
About two years ago, Messrs. Cohens were at Hamburgh, and
became acquainted with Mr. Hulbert, who proposed to them a spe-
culation in silk hats of foreign manufacture, as likely to succeed in
England amongst persons going abroad. There being a heavy duty'
upon the article in this country, it was determined to dispose of
them, if possible, to the planters in the West Indies, where no duty
is imposed. A case of hats was sent over experimentally, and they
remained a considerable time in the docks for the purpose of sale,
but no purchasers appeared, the article being manufactured at home
upon terms which rendered the application to the Hamburgh market
quite unnecessary. In the mean time, Mr. Hulbert drew upon
Messrs. Cohens for the share of (we believe) the original cost of the
bats, and they accepted and paid the bill. After which they shipped
the hats for the Cape of Good Hope, in the expectation of finding a
market there. Mr. Belt applied to Messrs. Cohens subsequently,
as agent to Mr. Hulbert, for a sum of money, amounting to about
41. Itts. which he conaidered to be due to his principal upon the
issue of the speculation. He produced the accounts of the trans.
action, and complained of undue treatment upon making his appli.
cation.

Mr. Ront.tit, jun. for the defendants, objected to the demand
as one not to he recognised, as far as regarded an agent. In the
Acts of James 11. and George IL and 111. for creating the Court
of Requests in the City of London, the party suing in that Court
was described by the word "person," the word "agent" never being
used in any shape. Consequently the summons having been taken
out in the name of Hulbert, who was not present in person, the
cause was out of Court. It might appear unc=s in a Court of
Conscience to take such an objection, but thean un-
gracious and preposterous one, be did not hesitate to beingav himself
of the Act of Parliament.

One of the Commissioners having referred to the Act, stated that
the objection appeared to him to be sustained. It ap , how-
ever, that on a former occasion Messrs. Cobens tted the facts
which Mr. Hobler's arguments went to invalidate.
Messrs. Cohens said they were now better prepared to go into the
merits of the cue.

A Comussrowza--According to the custom of trade, an agent
has no power to export goods entrusted to him by consignment.
These goods have been exported, and the demand appears to be
correct.

Mr. Hosurn, jun. said, he admitted the justness of the Com.
missioner's doctrine, supposing this to be the cue of a consignment
to an agent ; but in the present instance, it was a joint adventure
between Messrs. Cohens and Mr. Hulbert, for better or for worse,
consequently his clients having paid their share of the price of
the speculation, ought not to be deprived of the opportunity of dis.
posing of the hats in a foreign market, if they found no purchasers
in England.
Here the bill of exchange drawn by Mr. Hulbert upon Messrs.
Cohens was produced, as was an account which had been transmit.
ted from Hamburgh, stating that the speculation was fur the joint
account.

Mr. Hoiczx jun. said, that his clients had thus exercised the
right of partners by shipping the goods to a better market. He had
a certificate from the Customhouse to produce of the case exported,
and the date would show that Mr. Beit's demand was subsequent.
UMessrs. Cohens should receive advice from the Cape that further
profit had been made, Mr. Hulbert would, of course, be entitled to
his moiety.
The COURT was of opinion that the plea of partnership took the
case out of their jurisdiction, and, of course dismissed the summons,
as far as regarded the ership responsibility.
Mr. Belt then e a demand against Messrs. Cohens for the
value of certain table cloths, the property of Mr. Hulbert.— Messrs.
Cohens stated that the table cloths were damaged and of no value
whatever.

Mr. Hostrn, jun. on this occasion repeated his first objection
as to the inutility of the appearance of an agent in a Court of Con-
science, and urged that the Commissioners could not recognise the
claim made not in person. Suppose he should answer to the Court
that Mr. Hulbert had, in consequence of the dealings which took
place between him and Messrs. Cohens, said, " You make what-
ever use you please of those table cloths." Mr. Hulbert not being
before the Court himself, no decision could be given in his favour.
In a matter of conscience dte ,party demanding must himself un-
dergo examination, or how could the commissioners judge of the
merits of a private transaction ?
The whole case was then pronounced by the Commissioners to be
untenable.

ASSIZE INTELLIGENCE.
HOME CIRCI—V:—.CROWN SIDE.
Bore Mr. Justice BAYLEY.

. William Brows was indicted under the 7th and Bth of George
IV. C. W. a. 63, for obtaining 48!. under false pretences from
Hannah Dean.

Mr. &ISOM ANDREWS and Mr. DOWLING conducted the pro.
amnion ; Mr. CLARKSON the defence.
The cue was this : A custom prevailed in the manufactory of
Messrs. Johnson and Co. calico printers, at Wandsworth, for one
of the workmen to receive the whole amount of wages. due to all,
and to distribute it among than. It was also the custom for this
money to be advanced by a publican, whose house the journeymen
usually frequented. Iha person so appointed to receive the money
was technically called " constable." Hs was appointed weekly en
the Saturday previous to the week he was to serve. A person named
Thwaites was appointed to do this duty on Saturday, the 14th of
February, 1829. He not wishing to do the work, employed the
prisoner, another workman in the manufactory, to act for him,
for a promised remunenttion of half a crown. He came to
do his duty on the Mouday, but never made his appearance after-
wards. Bsida the mere receiving the money for the men, he had
certain other litde duties to perform. On the Saturday morning
the prisoner, without any authority from Thwaites. went to the
Turk's Head public.house, kept by Mrs. Dean, the prosecutrix,
and obtained the advance of 401. as he said to psy the men. With
this he absconded, however, and was never heard of until his appre-
hension at Waltham Abbey, in Essex.
Mr. CLAnneos addressed the Jury for the defendant.
The Jury found him Guilty, and he was sentenced to six months'
imprisonment.
NORTHERN CIRCUIT, Aram 7.
RIOTS AT HUDDERSFIELD.

Joseph Sykes, Joseph Eashrood, James Taylor, Philip Moor.
house, Was. Waterhouse, Georys Cargill, and fifteen other per-
sona, were placed at the bar, charged with having, on the 3d of
August last, together with fitly other persona, riotously assembled
and obstructed the Reverend Lewis Jones in the interment of the
corpse of Joseph Taylor, and with having assaulted the Rev.
Thomas Sturges Mills, a Magistrate, and obstructed him in the
execution of his duty.
Mr. BLOOM:TONE (with whom was Mr. Deena) stated the
caw. By this indictment the defendants were charged with having
riotously assembled on the 3d of August last. It eas, perhaps,
necessary that be should state what it was which ltd to the riot.
There could be no doubt but a riot did take place on the day named
in the indietment,,so the only question was, whether any of the psi.
miners were the persons concerned in it ? The Rev. 31r. Armisted
was Incumbent of the chapel of Sieltham, and had been so
many year., until the year 1828, when he died. Mr. Jones,
the vicar, had then the right of presentation to the living,
but did not exercise it. The Archbishop of Yolk, however,
preferred Mr. Jones, and on the 3d of 31ay he went to take posses.
eon when he met with a formidable and successful resistance ikon
the inhabitants who were desirous that Mr. Kean, the late curate,
should have been presented to the living. The consequence was
that no service of any kind was performed at the chapel for some
time ; application was made to the magistrates, and a number of
special constables were sworn in to Veep the peace. The party in
favour of Mr. Kean also applied to Mr Stock, a magistrate, and at
their request peace officers were appointed. This was immediately
price to the 3d of August, on which the day the riot took place.
On that day Mr. Stock, of Catherine Slash; the Rev. Thomas
St es of P3obness ; and the Rev. Mr. Barstow, three magistrates,
and the Rev. Lewis Jones, met at the Fleece Inn, at Melthatn. Mr.
Stocks revoked the warrants which he had issued, as he found he
bad acted under false representa ions, and Mr. Jones went up to. the
chapel for the purpose of interring a corpse. When they arrived at
the chapel they found a crowd of about 1,000 persons ; the chapel
gates were doted, and they were desk(' admittance, upon which
they retired to the inn, and the magistrates and constables afterwards
went back to the chapel with them. Mr. Mills was on horseback,
mad the others on foot. Thy crowd still refused to allow Mr. Jones
to enter the chapel-yards, sad Mr. Mills thereupon reed the riot see,
and freeedilicards,
le appridag the mob of the cotnegassess ed what
had bees dine, but all as pare& The esseaseas thee gave
orders to the constables le NW Irma pewee mis which
wee done, but we IS aft Mr. Jeers was meehed, wJ easlsd~,idaa
." cut ids reins," •• 'sheen Mtn:* awl *4 eagle the Saddieverth
Parson '* had bees raised. likeasafily Mr. Jaw ebtateeiptess.
dos, sad the teepee wee sad the the dotty of the chapel. has
dace that date been egediely
The Rev. lo Jemmied dre Pos. Theme 8. Make Toe called
to depose to the above frets. The. horse liv. Oledelnes added to
his.testioony the dreameencoef there having bees no riots stow
thud if Mips&
Mr. Jusiles•Parac Aeon* that the beta espy if pressed*,
Mere Aide& yeah' brier die Messer% to sabots to a verde* ef
Guilty, en the condition that they aleenittpuelts ailed up tor judg.
ment unless found to be concerned is ether fists,

_---
--11;saigiesttaa was adopted, and thepeTeeaare, after pleading
Guilty, we discharged, on theft Oini to appeetwben
called flue

A writ of Inquiry has been executed at the Sheriff's Office t..
assess the damages In a cue of a novel nature. The plaintiff v
Mr. Oates, a celebrated trainer of race horses ; the defendant, Ali.
Noel, a gentleman of large property in the county, and the menu. 01
several race horses.

Mr. ALEXANDER stated the plaintiff's case. The action ra.
brought to recover the sum of 8361. for the expenses incurred in th,
training of seven race horses, which in the course ,of lika and
were placed under his care by the defendant.
Mr. Scott, of Halton ; Mr. J. Smith, of Mitldleham ; Mr. Jo,.
Maroon, and a number of other witnesses, were called to prove In
plaintiff's case.
Mr. lisowLEs addressed the Jury foe the defendant. The
Learned Counsel said, that his client had not the slightest wish to
deprive Mr. Oates of any sum the Jury might consider justly due
to him ; but it was not bemuse Mr. Noel was a wealthy man that
he was to be made the prey of horse-jockeys and trainers. The fact
was, Mr. Noel's horses had been neglected in the hands of the
plaintiff, and on that account the defendant had resisted the plain.
tiff's charges, because when the treatment the horses received was
taken into consideration, he considered the charge exorbitant. It
was for the Jury to say whether 21. a week was not too much for
the training of a hone, and whether 161. for physic was an expense
which could have been incurred with advantage, or even safety to
the hones.

The Jury returned a verdict for 526 L giving credit for 3001. whicii
the defendant had paid on account, and deducting 101. for the chem.:
for physic.

POLICE INTELLIGENCE.

BOW-STREET.

Two young men, nearly iii feet in height, of fashionable appear.
anee, and whose connections are highly respectable, named Edward
Filagerald and John Macdonald, were brought to this office be.
fore Mr. hltarsuuta. yesterday, charged with committing an as-
sault upon the person of Mr. James Sadler Thomas, the Su n.
tendent of Police of the Covent garden Division, attended with
rather unusual circumstances.

Mr. Thomas stated, that on Thursday night he had been in par.
suit of a person who had stolen a valuable watch, and it was neces-
sary that he should go incognito. He mentioned this fact to account •
for his not wearing his uniform on theoccasion. Soon after the hour
of twelve o'clock he was in Villiers-,street, Strand, and saw the de.
fendant Fitzgerald with a female of the lowest description, and a •
drunken man, who had the appearance of a mechanic, against
whom the female was venting her rage in no measured terms.
Mr. Thomas interfered, and desired the girl to go about ha bit.
linen, and not disturb the peace of the neighbourhood. The me.
chanic applied the epithet " blackguard" to Mr. Fitzgerald, and the
latter seized and shook him in a violent manner. Mr. Thomas re.
quested him to desist, and he abused Mr. Thomas in the grossest
terms, ordered him to go about his business, and asked " why such
a fellow as lie should impertinently interfere with a gentleman r
He informed Mr. Fitzgerald that his name was Thomas, and that
he was the superintendent of police, and was on duty. Mr. Fin.
gerald exclaimed, " you arc a cursed imposter, and I will Thomas
you." He then seized Mr. Thomas with extreme violence, and called
to the other defendant, Macdonald, who came up, and, in spite of
all remonstrance, he also seized Mr. Thomas by the collar, and both
defendants dragged him along ViLlien-street, the Strand, Bedford.
street, Henrietta-street, and till they arrived very near to Covent.
Garden watch.house. Mr. Thomas then called to the Inspectors.
Rogers and Priest. who were standing near the watch-house, to
witness the outrageous conduct of the defendants, who at that time
were dragging Mr. Thomas along the street, and had tom his
clothes.

Mr. Mt wain t.t.—lt was very extraordinary conduct indeed.
➢lr. Thomas--It was very brutal conduct. One of them, as they
were dragging him along, repeatedly thrust his fist in the most
cowardly manner in his lace, and he would assert that none but a
coward would have treated any man who was deprived of all power
of resistance or defence in such a manner.

Mr. Fitzgerald asked the Magistrate if it was right that he should
be designated a" coward" in a public office.
Mr. Thomas—l say it was cowardly. I had repeatedly told
you who and what I was, and you jeered me, insulted me, and treated
me with great violence. [Mr. Thomas here produced his coat,
which was torn from the collar down the lappet)
The Inspectors Rogers, Priest, and Bishop, confirmed the state-
ment of Mr. Thomas, as to the conduct of the defendants.
The prisoners being called upon for their defence, Mr. Fitz-
gerald, with a very aristocratical air, complained that gentlemen
of their rank should have been thrust into a dark hole with a parcel
of low-bred rascals; and being requested to apply his observations
to the charge, said, that Mr. Thomas did not inform them who he
was, for If he had it was not likely they should have seized him by
the collar.

Mr. Thomas said that be repeatedly told than who ha was.
Mr. Maedonaki sahl.shat ha believed the parson who called him-
self Mr. Thomas to be an Imposter; he therefore joined his friend
in taking Mr Thomas to the watch-house, where they could best
ascertain the fact.

Mr. MixsiruLL--There you discovered you wow wising; but
where is the justification for your violence?
Mr. Fitsgesald said that they were treated like felons and placed
among drunken persons in the black hole.
Rogers, the inspector, replied that there was not a single person
In the lock-up room when the defendants were put there.
Mr. Fitzgerald—There were four persons;—yes—five, six, wee.
Mr. MixsisuLL--It's of no consequence what number there was.
Mr. Fitzgerald—Yes it is of consequence ; because it proves that
that ruffian has committed perjury.
Mr. M nun u tr..—You complained of the epithet "Coward' being
applied to you ; and now you charge the officer with committing
perjury : I beg, Sir, you will conduct yourself in an orderly and
proper manner.
Mr. Thomas assured the magistrate that he informed the defer.
dents that bail could be taken for their appearance, if they would
send for their friends; and when other charges were brought into the
watchhouse, he gave directions that they should be removed to the
best room in the watchhouse.

All. Illtxettum. said, that the defendants bad acted most toque.
tifiably, and It was his duty to order them to find bail to answer ark
charge Mr. Thomas might prefer against than, in the sum of 501.
and two sureties of 201. each.

= -
Accounts from Bergen say that the spring herring'
fishery has been attended with many difficulties, and it seems tbs.
the result has not given general satisfaction, though the repor
states that 6,000 barrels of herrings had been pickled.