Star.
London, England, 1824-07-13 00:00:00

COURT OF KING'S BENCH. JULY 12.
WEROD V. CIOODCIIII.D, JUNIOR.

Mr. SCARLETT stated that this was an :action of trOVer
to recover the value of four cows, which the plaintiff's
wife sold to the defendasit without her husband's acti,-
rity. The circumstances of the case were these. The
plaintiff was a cutler, who carried on also the business.
of a dairy, in which, as it was very natural, the wife
generally supeiiiitended. In rebrzary last, she thnught
proper to leave her husband's house, and took with her
in a clandestine manner several articles of furniture.—
Sbe took the opportunity of hvr husband's occasional
absence at theshop where his cutlery business was car-
ted on, in order to accomplish her purpose, and it
A• null, seem that the defendant, in order to assist her in
her clandestine Right, purchased from her four out of
the ten cows which supplied the dairy. Soon after she
seas gone, the husband returned home, and missed not
only the furniture, but four of his cows. Upon inqui-
ring after his costs, at Smithfield, be happened to men-
tion his loss in a public-house, where Goodchili was,
and he there acknowledged that he was one of those
who had driven away the cows. Nerod asked him
where they were, and he refused to tell, saying that he
might have them again if he would pay him the money
which he gave for them. This, of course, was refused,
and as the defendant declined to give up the cows, this
action was brought.
NVitnesses proved that the cows in question were the
property of the plaintiff, and that they were in possess
sion of the defendant.
Mr.GuagEy addressed the Jury for the defendant.
The plaintiff was a cutler, who, in Mai ch,1823, had the
good luck to marry a widow woman of the name of
Mouthel, who before that marriage carried on the dairy
business pretty extensively in St. Anne's-street, West-
minster. After her mairlage with the plaintiff, she still
continued to conduct that business, and many persons
in the neighbourhood had not knoWn that she was mar-
tied at all. She acted as sole Manager and mistress of
the concern. She bought and sold cows, and received
and paid money, and in fact, acted as the general agent
of the plaintiff. The defendant happened to be in want
of cows in calf, and hearing that Mrs. Nerod had &Or
cows in calf to dispose of, lie applied to know the price
demanded for them. Mrs. Nerod asked forty guineas
for the lot the defendant refused to give more, t'
351. which she ultimately accepted, and he took away
the cows. If he could prove that the plaintiff's wife
acted as the general agent of the plaintiff, and that the
purchase was bona fine on the part of the defendant for
a fair price, that would be a sufficing answer to this
action.—lnstances of her selling pigs, and one cow,
buying a home, and of serving the 14illbank PenitettH
tiary with milk, apparently in her own character, were
proved in evidence, but the LORD CHIEF JUSTICE held
that these were insufficient to constitute a general agency,
and the Jury found for the plaintiff—Damages S5l.
COURT O 1 COMMON PLEAS, 111.1. LE se.
STRATFORD V. /JOSS ADD OTHERS. •
Mr. Sergeant VAUGHAN stated that he had the honour
to appear for the plaintiff, a regular bred surgeos, se-
sidins at Eton. The action was for assault and Nam
imprisonment. The defendant Moss practised as a
surgeon; one of the other defendants, Milton, kept a
public-house at Windsor; the third defendant, liar-
wick, was constable of Windsor. On the 29th of May

last an accident happened in High-street, Windsor, by
the falling of a scaffold, in consequence of which a man
was seriously hurt. Some one sent for' Mi. Stratford)
the plaintiff; but he not being atikasse hit assistant at-
tended in his stead. The Learned Serjeant then en-
tered into a detail of the circumstances-as tliey were re-
lilted in the following evidence.
Mr. Edward White, assistant to the plaintiff, stated
that Mr. Stratford resided at Eton, and was a surgeon.
Witness was, present when the accident happened in
High street, Windsor; saw a man lying in the street in
an insensible state. oscing to a fall from a scaffold;
ordered the man to be taken to a public-house, the
Turk', Head, and did what was necessary.. Mr. trat-
ford was at Dr. Ferguson's, and came into the Turk's
Head in a few minutes. Mr. Moss was then there.
The plaintiff very civilly asked Mr. Moss what he had
done to the patient? Moss replied that he had dime
what he had thought proper. The plaintiff said he
should have bled the man, upon which Moss said,
" Are you mad, Sir ?" and added that the patient was
under his Care. The plaintiff saidbe had been sent for,
and should do his duty. The defendant Moss tore the
bandage from the plaintiff's hands, and the other do.
fendaist, Hat wick, a constable, was sent for, and took
the plaintiff into custody. The defendant used a great
deal of bad language towards`the plaintiff.
Serjeaat SPANKIE cross-examined the witness.
The plaintiff was Surgeon to the Hospital last year;
Mr. Moss was now in that situation. Witness went for
his master of his own accord.
Daniel Wilson stated that he was Headborough of
Windsor ; was present at the time of the accident. Mr.
Milton, the landlord of the Turk's Head, said, 41 Send
for Mr. Stratford." This witness then corroborated the
preceding one, and gave the following additional evi-
dence :—Moss asked whether there was any constable
present ? Milton said there was one, and desired wit-
ness to take Stratford out of the room. Witness said
he did not think it was necessary to interfere, and de-
clined. Milton then said, if witness did not do his duty,
be would inform against him at the next Bench, and
would get him fined. Milton and Moss then led wit-
ness up to the plaintiff, when witness said there was a
proper constable in Windsor, and if he called upon wit-
ness to assist him in the discharge of his duty, he would
cmply. In a short time Barwick was sent for; he
came, and wished to tate the plaintiff with him.—,
Plaintiff refused to go, saying he was 'sent for to do his
duty. A scaae ensued, and the constable called on
witness to assist him. Witness laid hold of Mr. Strat-
ford's hand, arid led him out of the room. The plain-
tle,' was in ecstody not quite five minutes; believed his
Lit was cg
C:cns-ets-"..ed.—)lr. Stratford was formerly the surgeon of 1
the partly; Moss is how. Blr. Stratford was sent for as he was

:::;eant VALG:44-s.—That is, the most Jkilfut.—;Laughter.)
N...itneu saw no instruments for bkeding.—This was the plain.
Cirs ease.
Mr.Serjeant SI'ANY.JE addressed the Jury on behalf
43:- the defendant, and said that this was a foolish, and
tat very creditable action between two rival surgeons.
L leas, in fact, nothing more than a turucd-out ministry
t".vrang opposition. He did not blame the plaintiff,
he described as the evdoctor, for picking up a
it fell in his way la4ll- But his case put him
is t.na-d o: a man who was engaged in the whale fatly,
and who, when ire Lad harpooned a fif.h, considered it
his own tvcr_stittt tis--(Laughter). The witnesswho