Star.
London, England, 1808-07-08 00:00:00

LAI/ 11itlE1'LIG.E1

COURT tll/ EXCHEQI*EI.
'rue KUlt V. 'CAWSTOV.
This was at information tiled* on the pert of the.
Crown, to recover penalties on certain, quantities of
brandy, rum, and gcneva, siimeggled into this dean-
try by the defendant, without payment of the duties. -
The Semciroa-Grateam. for the proseeeticm, 'sta-
ted, tkat the defendant was a wholesale dea/erin this,
illegal traffic to a very ertisiderable extent. The pre+.
cent information was filed to recover penalties to the
amount of upwards of £ 360, as the single Saint of
"cargoes of spirits smuggled into the county of Nor,
folk in four several trips made by the 'For cutter, the
stlefendant's property, to Holland and Flushing, and
back to this country, of which cargoes it would he
shewn the defendant took the charge between the
harvest of 1805 and the end of the year 1806. The
Crown had acted in this case with unmerited tlemen-
ek, for instead of charging the double value, as it
.night have done, it bad charged only the single va-
lue, and that too a reduced one, vie. 103. per gal-
lon ; whzreas it would be shewn that the actual value
of each gallon was 16s. and 18s. Again, instead of i
estimating each cargo at its actual quantity of 2000.1
gallons, they Lad hem limited to 500 gallons each. •
A seaman whti had received A'. 8 per trip from the
defendant, and several persons who had been purcha-
sers
of part of his cargoes, proved the case for the pro-
eeciition, as to brandy and geneva.
Mr. COMMON Sea reaNr argued, that the witnesses
for the prosecetion were not entitled to credit. The
principal witness had first denied tFat he had ever
served in the navy, but was afterwards obliged to
confess his own infamy, in being not only a smuggler
but a deserter from the service of his conntry. The
other witnesses were all tainted to a certain degree,
with the same species of discredit ; added to this cir-
cumstarce, that the information had not, by any of
them, been given recently after the supposed trans.
gression, when the defendant might have been prepa-
red to answer the Charge.
The Loan Cater B saw; said, if one of the wit- I
nesses had abandoned the service of his Country, a
-pretty srrong inducement to his doing so seemed to
have been field nut by the defendant himself, who
had offered him ag 8 for a trip, which might occupy
a fortnight, whereas ill the navy he 'could only, have
1.5 a month. It Teas, principally, through the in-
formation of parties concerned, that this very serious
offence could be detected. Such persons, therefore"
were not to be eveemed incompetent witnesses.
The Jury. found a verdict for. X5O, the single va-
lee of the brandy and geneva, ne rum being sworn to.

• Ar

COURT OF DING'S BENCH, JULY 7.

COURT OF COMMON FLEAS,WESTMINSTER,IIILt 7
CELTIC() V. WRIGHT.
This was ED action to recover 441. under the Cir•
cumstances following :.—The Plaintiff,- who is a fo-
reigner, native of a. Greek island in the Mediterra-
nean; came to England some tittle since as Consul-
General from the Grand Signior. In consequence of
the political events which lately happened in Turkey
when the Sultan Selim was deposed, he ceased to be
an accredited agent of the Porte, became greatly ern-
barrassed in his circumstances, and v:as confined in
the King's Bench prison. He had received pecuniary
relief from two persons named Tuzey and Tucker—
after which he was compelled to sell the lease of his
' house and furniture. The Defendant, who is an
auctioneer, in Great It ussell-street, Bloornsbury, was
employed to sell the house and fixtutes, which sold
fox. 2881. The Defendant, on his way to the Plaintiff
in the King's Bench with throduce of the sale,
stopped at the St. Paul's Coffee-house, where the pro-
perty was attached by Tuzey in the, Lord Mayor's
Court. A second attachment also took place for
tifty-eight pounds at the suit of Tucker. The Plain-
tiff then requested the balance from the Defendant,
and a dispute arose about goods of the value of 441.
which had been bought in at the sale for the Plain-
tiff. The Defendant, in an interview with Mr Cri.
' tico's attorniy, offered to pay for the goods in ques-
' tion, if Mr. Critico could consider them sold ; but
' the Attorney had not received instructions to that ef-
fect, and no regular-settlement took place. The
Plaintiff then brought his action, and the Defendant
. tendered 81 1. 7s.
- Mr. Serjeant BEST addressed the Jury in a very
able speech, and contended that the Plaintiff had no
right of action, that the balance due to him was only
£ll, and that was paid into Court. He might iiive
brought his action for the furniture, but nor for the
amount of it, as the Defendant had .not sold it a se-
cond time .at the time of bringing this action.
Lord Chief Justice MANSFIELD surnined up the evi-
dence, and observed that the Jury could not give a
verdict for the 421. as the Defendant had only made
an offer of keeping the furniture to Mt. Carr, and the
Plaintiff had never sent him an answer whether he
would aequiescein it. If the Jiity gave a verdict for
the Plaintiff, It could be only for 31s 65.. 9d. the
amount of the commission charged upon the furniture
bought in for the Plaintiff.
The Jury, after consulting a few minutes; brought
in a verdict for the Plaintiff, 421: on the ground that
the Defendant had sold part of the goods since the ad-
tion was broughy.
Lord Chief Justice MANSFIELD told them, that the
law would not allow such a verdict to stand—that the
Plaintiff had another method of recovering the pro-
perty; that the law would not authorize them to make
a man liable at one time for any subsequent act, and
that they had better reconsider their verdict.
The Jury, after consulting about ten minutes,
brought in a verdict for the Plaintiff, Si. 6s. 9d. and
40s. costs.

RIRXARD.NORTA V. SIR JON. MILES AIM ANOTURIL
This action was- brought against the Sheriffs of.
Middlesex ; tiler officer, of the name of Leach; not
having executed a certain warrant ordering tie attest
of the late Under-Sheriff, R.. C. Bromley, of South-
ampton-street, Bloomsbury; for a debt due to the
Plaintiff. The Plaintiff resides at Walton, where also
Mr. Bromley lived at the time Ahen the loan took
plare in which this debt originated.
A.:. PARR, for the Plaintiff, said, that "Mr. Leach,
the officer, as an etcuse for not fulfilling his duty
under this warrant, had said, that he dared not arrest
Mr. Bromley, the Under-Shea, he having threatened
to suspend any bailiff who should execute a warrant
against him. The Learned Counsel explained, that
an attorney (which situation Mr. Bromley held) was
privileged from all arrest, excepting at the time when
he was Under-Sheriff; but while he held that office,
he was liable to arrest like other men, because, for
the purposes of public justice, his functions as a pri-
vate attorney ceased until his resignation. Mr. Brom-
ley was now an attorney, and therefore not liable to
arrest ; so that by this neglect of Mr. Leach, the offi-
eer, the Plaintiff was deprived of his remedy against
the person of his debtor.
The sum claimed was under a bond and prornisecii7.
note, each for 2001. ; but the note only was proved,
Mrs. Charlotte Brown, who was witness to the bond,
and'who lived on very friendly terms with Mr. Brom-
ley, not appearing to prove it when called upon her
snbpcena.
Thehand-writing to the promissorynote was proved
by. Mr. Smith.
Mr: Samuel Watson delivered in the tffidavit of
the debt under the bond dated April 29,1801. and
the like affidavit under the bill, which bill was dated
January 1.5, 1803. The return of non at inventor was
also pat in.
M. Locke deposed to the conversation with Leach,
in which the latter said, that he was afraid to execute
the warrant upon Mr. Bromley .during his Under-
Shrievalty, as Mr. B. had threatened to suspend any
officer who should be hardy enough to execute a war-
rant against him.
Aftetwarts, under the direction of the Chief Jim-
lice, and interrogated by his Lordship, Leach was
etainined to this conversation.
Q. Did you say that you dared not execute the'
warrant through the fear of being suspended I
do not recollect it.
Q. Was it under the apprehension of being sus-
pendtd, that you forebore doing your duty ?—A. Cer-
tainly not.
Q. Did you say so ?—A.I do not knoiv that :I ever
did ; but I would not, my Lord, swear that I never
did say so.
The ATTORNEY GENERAL, for the 'Defendants, said,
that the Sheriffs were not liable for the conversation
of their officer; they were only responsible for his
actions. No proof had been givtn that the officer
was remiss, and therefore the DeTendants would of
course receive the verdict in their favour. If, how.
ever, the Jury should think contrary to his view of
the testimony. that such a conversation did take place,
aid that the officer was influenced by the fear. of sits-
pension, it might be useful to remark, that Mr. Brom-
ley had no power of suspending the officer, and that
both Mr. Sheriff Miles and Mr. Sheriff Branscomb
tn,i,a have grososly :abandoned their duty, if undersuch
circithistances they had permitted it. But in any,
• aad in every eveut, nominal damages would satisfy
the justice of the case ; for Mr. Bromley was an in-
sllvont man, incompetent to justify the demand of
the Plaintiff, and had he been arrested at the time
Leach had the warrant in his hands, the demand
of the Plaintiff would not have been satisfied.
Lord EttEatsonouosi stated the nature of the ac-
tion, and the duties of the officer, for whom tile She-
.

HATTOW GARDZlPt.....:Yelterday Thum} Crites was charged
With a highway robbery owthe Hampstead Road, and forcibly
taking from Rebecca Fisher, a quantity of wearing apparel, and '
a five-shilling piece, &c.—He was fully committed to Newgate
for trial.
Hancock and Davis took named rlisdrews, whir a horie and
can laden with a great quantity of leather suspicted to have
been stolen front some tan-yard.--Ike prisoner was committed
for rc-ex.unination. '
Warr CCHAPZL Or vica.—Yesterday Jokt 'Solt (mlai Pali
&Wide) and Charier Mem!, who were commin frOtta Hatton
Garden Office 'for trial, charged with robbing the cellar of Bai-
r nigge Welk of a quantity of *bit and fire-artos, on Fridaf tacit-
, ning last, were examined at this office on revision of having bean
connected with Edward Churchill(aliar Roark), who was charged
and.fully Committed for trial for robbing the warehouse, of Mr-
Splidt, in St. George's in the East, of two cart-loads of tallo and
hides. A strong suspision being attached- to Smith, a detainer
i was lodged against hint, and they were both remamlod to'prison
[ on their former commitment from Kamm Gazdmi•
• -

• - • . . - ~
. . .. ,_
tiffs were iiisponsible. t-lis lordship4searvedflat • z SIT/iL/N, rititi 4
this snit was not for the amount-of -thl debt, but for
the loss sustained by the Phintiff, beispie due diii- . Ifesterday, in lite doint.tef go_ Bench, a dili-
gence had not been employed by Leach, th,e <officer. mina' Information Was :granted, On Mos.prosecation
It might be true that Mr. Brondey wasinelit**Mssed d Paint Lii4ow,:i . nst Mr. Garnett, a Magi:-
2
circumstances ; but at the. time of he 'sett-of the irate of the county of **meads. It appeared froyn
warrant he held a public office, and it was 'possible,', the affidavits, as. are • by Mt.
Se:leapt BaLra•that.
and even probable, that in such a sitnatiou, he would I.uctioW had been brought before fvfr. Ganae4, 'On„
have strained every nerve to. pay the. debt, and not suspiciOroof hiving stolen some/main from a perion
unsuccessfully. Verdict for the Plaintiff, 2001. of Altf tare& of Brkinigan, whet Mr. Garnett strictly
ASSMILTS.-IE3DC.SON V. KILVJNOTON. . 1 exarronedhiM^, and he petcevering in asserting his ini-.
• This 'Was an action of assault. The Plaintiff's dog .noceiiee, Mr.Gainett caused hilstrblie'strippnakeci,
ran from his master's house, tie* Lock's #ields,War.',-and tied up to a gun-rack, where Mr. 'Garnet Mart
worth, aild began harking at a lady in company with Self flogged him with 'beech .vends until be .faintedi
the Defendant. The Plairtiff endeavoured to et ' that he was then taken down) and sent to the Polattk
him away, 'when the Defendant, not contented with . Lion, in alittle village about utTee miles distant from
striking the dogotrack the Plaintiff, his master, also. Mr. Oarnett'S house, where he Was kept a close per-
The blots was extremely *violent, and materially in-,, soner for three or four days, without any meclieal tlF-
ju-red the Plaintiff's skull, so that he was confined for sistanCe although his back and lain were bruised:and
thirteen weeks. The defence was, that the Plaintiff ulcerated by the punishment he had suffered, and that
drew a knife nienthe Defendant, and the latter struck •Mr. Garnett had him then conveyed feorn thence to
in his own detente.. Tice question therefore was, whe- Dublin, to Major Ski, to be r'ut on shipboard ; but
then the blow was given before the knife was drawn or that the Major thought itprudent to liberate him. Mr.
after ? The Jury were of opinion that the knife was Hall, who was Counsel for Mr. Garnett, in extenua-
drawn subseqUent to the blow, and of course gave the ' tion.of the illegal and oppreisive conduct imputed to
Plaintiff a verdict, with 501. clartiagte. : his client, endeavoured to impress tipoli the Court the
NAURELICS V. TILLETT. very doubtful Character Of Ludlow, the prosecutor,
The Plaintiff was described as a German Doctor r who had been before-charged with having stolen a
the Defendant the Landlord of the White Lyon pub- pair of brogues, and who, he said, but which was de-
lic-house, in White Lyon.street, Whitechapel. It ap- ; tied by the .prosecutor, whilst tied up and under Int-
i peared that the Doctor, about ten o'clock at night, nishment,had confessed his guilt ; he insisted Mr.Gar-
-lon the 31st of March last, took a Lady to the Defen- nett had not flogged himhimself, but. had employed
ilant's Isar, and treated her with a 'glass of rum, and . one of his servants fur that piirpose;and that Ludlow
las he wished to pledge her in a bumper, chose a gill; had not actually-fainted ;he admitted hebadsent him
of red wine for himself. The Landlady charged Id; to Major Sirr, to be put on board ship. which, in hiS
i for the latter; which the Doctor objected
_to, and' (Mr.G's)idea,wasamilder treatment than committing
swore by Altaic Oaints ht the Calendar, that he would him to gaol,- where he might remain for a long tithe,
only pay 6d. This iii minced an altercation, and the and if found guilty, he would be transported. Ludlow
Defendant sent hit to the watch house) where he , is a peasant lad, about 18 'or 19 years of age.
was kept till the following day. It was fOr this as-'
vault and fake imprisonment that the action was
brought. It was, however, 'firoved in defence, that
the Plaintiff was extremely riotous in the tielenchint's
house, and as he was bound to the utmost of his
power to prevent a disturbance with a view of saving
his licence, he gave the Plaintiff in charge.
Lord gus....4noaoutni suggested the propriety of
withdrawing a Juror, which was acceded to, and the
parties left to pay their own costs.

,

• DEATH *OF TilE 114.1Annu1s SoLAwo.—The death of
the Marquis Soi.ANo, late Governor of 'Cadiz, did
not, as it had been confidently stated,. take place at
the village of Chiclana, abdut three 'leagues from
Cadiz;but at his palace Or the government-house in
that city, SI3LANO'S intimacy with the French Adenl-
ral, and his great attachment io the French interest,
had long been the subject of great suspicion and dis-
trust with several of the principal in)labitants ; but it
was not until the reported approach of the Fiend\
troop. from Madrid, the arrival of which, 'ender the
command of DOPONT he anxiously looked for, that
the popular indignation broke forth: The people, in
great numbers, and headed by several Spanish Offi-
cers and merchants, having collected about his pa
lace, made an earnest and formal demand•fni arms
and ammunition. Soi.Axo presented himself at the
balcony, and, in a long speech, endeaioured to con-
vince them, that the power of Bonaparte Was irre-
sistible, and that by, having recourse to force,..they
Would accelerate their own ruin.. He was he2ird For
a considerable time with great patience, bit was at
length overpnwered by the shouts of nArni3 f Am-
munition ! Long live Ferdinand the SeWerstia!"—
They insisted upon admission; and endeatouied to
force an entrance. SoLANo then entreated a confer
ence W ith any two delegates they might nominate, to
whoin h'e promised admission, praVided the people
would desist from violence. His rtquestiras 'granted:
The two• deputies were acemalint,ly appointed,
.and
alloWed to enter the house. 7Tbeinstant they entered.
the apartment in which he Was, ite shot one of thim
through the head with a pistol ' • the Other•waS seized'
him and his attendants, and precipitated from the
balcony into the street. This desperate violence, 'in-
steadofintinaidatingthe poPulace,asSolanonaightliate
hoped, served but-to excite. their. aninaoSity, and in-
flame their indignation. The doors were forced in
an instant, 'nll his guards and attendants 'were dis-
armed, and SQL.AII4) himself, after attempting to es-
cape by.the roo4 was seized and conveyed for-execn-
tion to the public square or place. While threatened;
with iminediate death, such was his, pertinacity in-fa-
vour of. France, that be continued to 'extol Bonk
parte, and menace his countrymen with destruction
for, what he called, their rebellion. Among
.the va-
rious expression of that nature, !laving fervently ex:
claimed that, ,4 He was ready to die. in the' canse of
the great Napoleon," one of.the persons near him
was so exastrtrated,. that he. struck ;hi/1i tin the head
with and,literally beat out bin brains. His
body ivas tw4tiy cut or torn to pieces, and his heart
was taken out, suspended on the point of a spear, or
pike, and carried through C,.adin as that Of an infa-
mous traitor to his Icing and Cuintry:
DIVIDENDfrs
July /1. Masa Hare, eitiEseter, cabinet nniser, a seven; at the.
, Globe Tivetn, Pieter.
July 12. George Harzison, of Globe-streeti parish of St. John;
Wapping, carpenter and blinder., at tea; at Guildhall.
July 12. Wiliam Dose, of Earl's Court, Kensington, Middlesex,
brewer, at ten, at Guildhall.
Lily 12. James Colecom, of Bow-street, Middlesex; bricklayer,
at ten, at Guildhall.
July 12: John Foster, late of Manchester eotton;aonner,
filar, at the Bridgewater.Arming', in Manchester.: •
July Pi. Chapman Ives, of Coltishall,pierftilisibrewer, at teat at
Guildhall. London.
July 12. Anthpny 'Beck, of Oxforti-sieer, Middlesex, Sadler; at
one; at Guildhall.
July 12. Joseph Payne, of Limn, Nnrfelk, eabisti-maker and
uphohterer, at ten, at GnlilliaU, London.
July'l3. • Giles Gimber; of Sandwich, Kent, linctielraper, at
nine, at Guildhall, Canterbury. . • •
July 12. Thomas 'l9lorkitt, of Nal, Kent, sillier, at ten, at
Guildhall, Canserbdry.
July 19. Zaccheus Rowton, line of 24,melintupten, faetcre, at
six, at the George Inn, Northampton.
July 13. WiNnut Csiavenar, late of Bristol, lour refiner, at
eleven, at the Bush Tavern, Coin;street; 'Brig&
Atigust 13. JesephSpraggott and William SpragiOn of Graves.
end, Kett, dopielkra, at twetts.at Guildhall; Lawton.
July 14. ergoige. Bag,, of N 0444113 kg**, at .11'.1Sdt. tle
Ram lan, Nottingham.
July 14. William Watson theyotinter, of Buford, isiotithigham-
shim joiner end hoertesitoeuus, id five, at the Rau hie, I.tot
diithara.
July 14; David Goetini, of Sotthrtipt* flat, aR Bret
the Kam lan, in NlStinthili.
July 16.ReOglitoli 'Spencer, of West Weettlog,Cimbriapsd4re,
mali.ster. at twelve, at GoticOrdli London:
10. Robert Preef4 or aris3oBA% 5P4111401, 14141114,X,
sh/ smelter, at ten, at Guildhall.
lull 16. Thomas Hughee, of NoriolkLitteet, Strand, Mifldlesexi
wiswenetchant, at oAs,,at
Sept; 37. Richard **an% lifesgrx Watson, and WM* .Ord,
td Fenebutch.street, London, mese apd.brantireturOuts AEAi
cOpertaert, t twelve, at _ •

UNION ALA.—Yesterday Harry. Rid, the driver of a Certain
stage coach belonging 'to William Jeffries, travelling. between
Greenwich stud London, was coat-Wed in ale penalty of be.;
fore T. Evsnce, Esq. for carrying more passengers than is
ed by Alit of Parliament.; and ha refusing to pay the said fine'
was sentenced to one month's irpprimeunent *the lielleeutelte4
reetiorit itorstmooger-bun. _ .

DIED. s ' - • •
Yeaterday nzotninil at bet -Wise in. cbar,lo4ta•ct, EttXeier—;,
agitate, the bay' of gii d, Wookiiiet Atte wad 4tightt! 9E tb.
latarLead
Faatonbesig. .
At Ouster. ittp. iiiretue. ;Oily. Iditavr et. aba Litt Are.
Asohdowesl.oo4 .