Star.
London, England, 1801-02-19 00:00:00

COURT OF X 1 t,'• BENCH. FEBRUARY t 6.

WHALITs 1 V. •OVTHCOTT, sAIT.
This cafe occupied the attention of the Court
and Jury a great part of the day, and therefore
we can only give the outlines of it.

The Pleadin gs were opened by Mr. Raise.
The ATTORNEY CERIUM Rated to his Lord-
Stip and the Gentlemen of the Jury that this ac-
tion was brought by Mr. Whaley, who was a Gen-
tleman of confiderable family, connexions, and
fortune in Ireland, againft Sir John Thomas
Southcott, Bart. to recover feveral fums of money
which were owing to him by way of Loan, and
alto the price of fiveral horfes that had been fold
to him. The whole amounted to 17881. 191. 7d.
for which Sir Thomas bad given Mr. Whaley a
Warrant of Attonky, to confers Judgment, and
on which Judgment had been entered up; and Sir
Thomas being a prifoner on that account applied
to the Court of King's Bench to have the proceed-
ings ort that Warrant of Attorney let e
Warrant ei Attorney itfelf to be delivered up—
and
be hinsfelf to be itifehargod, an Ratting cum- 11
mon bail. Sit Thomas made that application .to
the Court on the ground that the confideration of
that Warrant of Attorney was merely won at
play: and if that was fo, the ATTORNEY G
admitted that his Client could not recover. Af-
ter this Wane& had been laid before the Court,
confiderable doubts relied upon it, and therefore
the Court, wit:* great propriety, referred it to the
eonftderation or a Jury. They ordered that an
&Rion fhould be-brought on the original demand
for which the Warrant of Attorney was given,
Ind which confifted of a variety of films, amount-
ing in all to 17581. los. 7d. When fums of mo-
ney were lent between parties who had a mutual
oonfidence in each other, there might be Tome dif-
ficulty in making out a demand in a Court of,
Jußice luxe parties in fuch a fituation might not
be fo firia in taking regular vouchers. He fhould
produce an account, which the Plaintiff thought
was loft when this ballads was before the Court of
King's Bench. That account comprehended all
the items for which the Warrant was given, and
was regularly figned by the Defendant. He
(hould not tell it on the account Rated alone,
but he fhould be able to prove that demand alto
by Being witncties, on whole credit it would reit
that fcveral of there films were advanced by the
Plaintiff to the Defendant in their pretence. The
AT TORN L It GENERAL Rated chiefly what each of
the Witneffes would prove:
Mr. Prefiott, the firft Witnefs, proved the fig-
nature of Sir Thomas Southcott to the account,
&c.
Mr. Cox, an Irifh Gentleman, Paid he bad teen
Mr. Whaley and Sir Thomas Southcott together
in Mr. Whaley's bottle, that they appeared to be
acquainted, that one day after dinner at Mr.
Wln.lcy's, he recolleßed a meffage fent by Sir
Thomas to Mr. Whaley, and that Sir Thomas
himfelf came in about half an hour. Mr. Whaley '
then went nut of the room, and returned with
tome Bank Notes in his hand. He counted them
over, and then delivered them to Sir Thomas,
when he counted them Mr. Whaley Paid they
amounted to 5201. or 5301. Sir Thomas laid they
were very riglit. Some of this Gentleman's evi-
dence die' not accord exailly with one or two
parts of the Plaintiff's affidavit.
Mr. Jefferys, the Member for Coventry, Paid,
he witneffed the execution of a Power of Attor-
ney, and alto ot a IVairant of Attorney, by the
Defendant Sir Thomas. That was in Auguß or
September 1799. Mr. Whaley called on him, and
reTiefled that- he would give him five minutes of
his time, by calling at his lodging to vritnefs the
atfignment of lumc property. lie law Sir Thn.i
oia•. Southcott fig.i hit name. At defire of the
Plaintiff, he afked Sir Thomas if he knew what
he was fi:Tning? if he had received the comidara.
tion? and jibe was latisfie.l? Sir Thomas (aid he
Imes,- what he was tignhig, and was pi:daily fa-
ulted. He then fail him figs it.
Mary Thompfun laid flee had been in the fcrvice
Mr. %Vit.aley, and (poke to the different rums of
Isola NA lads w S$ which ft Thomas bad

received from her. hliftrefs by the dirtelion of,
Mr. Whaley.
Mr. Dtiplex (poke to the finding of the account
made up of all. the items of which the Plaintiff's
demand coniided, and Ill.:fled by the Defendant.
It was found in one of the Plaintiff's trunks, which
Rood in his !Joule, in the beginning of January
Lift. It alto appeared from the evidence that the
Defendant had putt:haft:el two horfes of the Plain-
tiff for 5001.
There were two brafts produced by the Clerks
of Meas. \Valwyn and Co. Bankers, for goo gui-
neas, which were payable to one Barnly, and paid
by the Plaintiff for the Defendiuu. There were
other two Drafts for 461. each, payable to the
Defendant himfelf, and alto paid by the Plaintiff's
Bankers.
It was obfervcd that there was no objation to
Mrs. Whaley's being examined, and this Lady
proved 201. aad tol. of Mr. Whaley's money,
which fhe delivered to Sir Thomas.
The Plaintiff's cafe being doled, the Leading
Connie' for the Defendant made very elegant
fpeech,reprobating in hong languay everylpectes
of gambling, as well as the conduel of thofe who
were parties to this tranfaeion. No man fhould
deter him in the difcharge of his profetlional duty
from calling things by their proper names.
He confidetcd tn.their order the various items
of which' the Plaintiff's demand conned, and did
not admit any of them except the 201. and la.
which Mrs. Vtrhaley (wore Sir Thomas had from
her of Mr. inaley's money. He laid he was in
no condition to deny tilde two lams ; but all the
rat he hoped the Gentlemen of the Jury would

reject.
The Defendant called no Witneffes.
The Noble and Learned Judge, after having
direeed the attention of the Gentlemen of the
Jury to the molt material parts of this cafe, con-
chided with obfcrvings that when a man came in-
to a Court of Juftice, it was incumbent upon him
to make out, if not to dernonftration, yet to the
fair convidtion of a Jury, the juilice of his demand,
before he could entitle himfelf to their verdhll.
How far that had been done in this cafe they
would judge. The Conftitution and Jurifprudence
of this country had left the docifion of it to them,
and his Lordfhip had no doubt that they would
do juftice between the parties.
The Jury withdrew near half an hour, and re-
ternecrwith a verdict for the Plaintiff for 2981.
Lord Ksitrox.—" As fomething was raid about
duelling in the cow& of this caufe, it may not
perhaps be ufelefs to a part of the audience to ob•
(erste what is enaeed by 9th Ann. e. x 4. feeion 8.
" And for the preventing of fuch quarrels as mall
and may happen upon the account of gaming, be
it further enacted by the authority aforefaid, that.
in cafe any perfon or perfons vrhatfoever, !hall
affault and beat, or challenge or provoke to fight,
any other perfon or perfons whatfoever, upon ac-
count of any money won by gaming, playing, or
betting at any of the games aforefaid (cards, dice,
&c.) inch pelf= or perfons :tanking and beat-
ing, or challenging or provoking to fight fucli
other perfon or perfons upon the account afore-
laid, (hall, being thereof convifted upon an in-
diement, or b*rniation to be exhibited againft
him or them for that purpofc, forfeit to her Ma-
* jelly, her heirs, and fucceffors, all his chattels and
perfonal eftate whatfocver, and mall fuffer
im-
prifonment, without bail or mainprize, in the
• common jail of the county where fuch convi&ion
• than be had, during the term of two years.

SMITH MICOTHEIIty. JOHNSTOWN..

This was a very clear cafe. According to the
itatement of-the ATTORSZY GlitiltßAL, It was an
anion brought to recover demurrage at 61. per
day on the thip Fir NIY of Newcaltle, on a voyage
to Criniflad" and back again to London. Forty-
five running days were allowed the Freighters at
Cronlladt, and London for loading and unloading:;
and they had exceeded that by 63 days, which at
61. per day, amounted to 3781. but as t got. had been
paid into Court, the Jury found a verdia for the
Plaintiffs, for the remainder of that fum, viz. 3281.

17.—SIELAND e. WATSON.

This is a cafe of extenfive confequence to the
Public. The Plaintiff, who is a Perfumer, brought
this aaion againft the Defendant, Mr. Watfini,
for an aftault, &c.
The circumftanccs were shortly there:—The
Plaintiff on the 16th of December tall was walk-
ing in Bond fireet about twelve o'clock at night,
and obferved a Watchman dragging an unfortu-
nate woman of the town to the wateli.houfe. The
Plaintiff addreffed the Watchman to let her go
about her bulinefs, as the feemed willing to go
home. The Waite:swan, according to the evi-
dence given for the Plaintiff, damned her i faid
fhe was a notorious fireet-walker, who deferred
to he taken to the watch.houfe, and infilled on
taking her. The Plaintiff recommended it to him
to mmd his hulloes, and take care of the proper-
ty in the !hops and honks, inflarad of (pending his
time idly and deferting his duty by carrying this
poor girl to the watch-honfe. The Watchman,
Robert tinny, d—d him, and faid he knew his
bufinefs much better than he did, and that he
would carry the girl to the watch-hOnfe. The
Plaintiff asked him what would become of the
property—was there not a probability that force
of the Shops would be broke open ? The Watch-
man allied him if he would do it. The Plaintiff
faid no; but fill they were not the more rerun on
that account. The Watchman faid if he repeated
thee words, he would take him to the watch-
honfe. He then took him into cuftody, and with
the affiliance of another Watchman, carried him
to the watch.honfe of the Parifh of St. George,
Hanover-fquare. The Defendant, Mr. Witi,
who is a repealable Tradefman and Conftable of
the night, a&ed the Watchman what his charge
was againft this Gentleman ? The Watchman raid
he had taken him into enfiody for having faid he
would break open the honfes in Ncw Bond-Brett.
The Conflablz, after taking the charge, tent him
down for two hours into the belle, where they put
rogues and vagabonds. After that be bad a bed.
No notice was kite to his family where he was ull
(even or eight o'clock the nest morning. •
It was &vitas:4 on the part of the Plaintiff,
drat die vas die may charge ;bat, was a id

prit down agaial hi,n, and that afterwards it had '
been thought tit to el,irge him with affaulting the
Watchman.
The witneffes for die Plaintiff declared they did
not hear any other charge given, but from the
noire and uproar that prevailed at the moment,
they would not fwear th tt the Watchman had not
charged him with an aifault.
It appeared tioni the evidence of the wimeffes
on the part of the Detendaut, that the charge was
taken down at die time, and :that it was 'for at-
tempting to refcue this unfortunate woman from
the Watchman, and for (biking him on the mouth.
The charge was read over to the Plaintiff after it
was taken down, which his witneffes denied. The
Plaintifffeemed to be very much intoxicated at the
time. He was fcnt backwards for about two
hours, and then had a There was no drink-
ing going forward in the watch-hoefe. It was
:worn pofitively there never was any liquor brought
there.
The LORD CHIEF JUSTICE raid, he believed that
watch-houte and every thing belonging to that
Parifit was extremely well regulated, as force of
the firft men in the kingdom who lived there in-
_
terefted themfelves in it.
After the Counfel on both fides, and all the evi-
deuce was heard,
Mr. ER S KIN c, Leading Counfel for the Defen-
dant, produced an Ada Parliament for regulating
the Police of that Parifh, and by a Claufe in that
Ad it was provided, that no man who conceived
himfelf aggrieved by any Parifh Officers, could
inftitute an action againft them, without previoufly
giving notice to the Veftry, or Committee of
Watch, &c.—That had not been done.
Lord KENYON.--" I think that preliminary ob-
jeCtion puts an end to the queftion. The inten-
tion of the Ia :itlature in enacting that the perfon
injured fhould give notice to the Wary before he
brought an action againfl • any of their Officers,
was to give tkm an opportunity of tendering
amends. But lam free to confers, that without
that, this Conflable, according to the bell of my
judgment, would have been juftified in what he
had done. It is a matter of no light concern to
regulate the Police of this aloft unwieldy Metro-
polis. All the wifdora of the Legiflature, as every
body knows, and all the vigilance of the Magif-
trates are unequal to the talk. All mankind can
have but one common feeling for thole wretched
females that wander through the ftreets. Every.
compaffionate perfon muff feel for their unfortu-
nate flotation, and with they were better difpofed
of. But in order to preterite the good govern.
ment of the public, it is neceffary (hard as it may
be) that they fhould not be permitted to wander
about the areas. The Magiftrates, I believe, are
to grant &arch-Warrants, and are to !Weep the
ftreets ; and the very learned Counfel for the De-
fendant reminds me there is not a time one goes
the Circuit, or is prefent at the Old Bailey, but we
fee highwaymen and other offenders taken out of
the lodgings of thofe poor rniferable proftitutes,
whofe poverty and diftrefs, and not their will,
often lead them into thole vicious courfes. If
they are not the caufes, at Icail much evil arifes
out of their condition to the public. It is necef-
' fary on the one hand, that the fubordinate Officers
of juftice fhould not exert their authority to mit-
ufe the King's peaceable fubjeds. But on the
other hand, it is abfolutely =teary that they
fhould be fupported in the fair adminidration of
their duty. This I chute to fay on the quellion
in general, becaufe it is of the left importance. If
.the Watchman in this cafe had acted niiproixrly,
the Watchman was liable ; but the Conitable was
hound to do that which he did ; and great would
be the danger it the authority of the fiipLrior Ma-
: giftrates were to devolve on the Conft.tbles. It
was uncivil not to fend to the Plaintiff's flouts ;
but incivility is not a crime. It was a matter of
; courtely. Though the Conftable himfelf could
not leave the watch-houfe, he might have fent
i fonts other perfon. On a queftion of fo great im-
: portance to the public, I thought myfelf hound
, to fay thus much."—Verdid for the Defaidant.

lARLOW f. PARRY._

. -
This was an Aaion on a Bill of Exchange for
411. cos, againft the Defendant, as the indorfer
of the fame. It was Contended, on the part of the
Defendant, that the being a femme torment, was not
liable. To prove this, the hufband was called,
who acknowledged that this Bill was given in lieu
of another for t4e rum of 301. which had barn dif-
, honoured, and that he was perfealy acquainted
of the circumfiances at the time, though he
a:lowed her to trade on her own account.
Lord Ksavoti laid, as the homily of tl.e cafe
was with the Plaintiff, lie would advife the Jury
to find a vcrdiil for the Plaintiff, fubjeft to the
opinion of the Court on a point of law.—Verdia
for Plaintiff.

NOSY e. rt/RSF.

This A sks an aflion for defamation. Mr. Eas. I
K ,a& raid, this aftion :was brought to r,:cov.:r
damages tor tlandermis words. The Plaintiff had
a nephew who was indebted to the Defendant in
the fum of ash Being unexpeaedly called abroad,
in order to fettle the affairs of a deceated relative,
he had, in the hurry of his departure, forgot to
fettle his debt; in confequenec of which the 1)e-
-fendant had chofcn to ufe very ill language re-
fpcft:ng him and the prcfcnt Plaintiff, who was
his uncle. He would prove the words by a vet)
refpeftable witnefs, and had no doubt the Jury
would give fuch damages as the injury required.
The Rev. Mr. Smith (aid, he called upon the
Defendant, in company with the Plaintiff, in or-
der to pay him the amount of his nephew's debt,
at the rate of tss. in the pound, as theDefeniant
had agreed to take that dividend. While the maid
was gone oat for the receipt, they bad force dif-
ference about the easel turn owing to the Defen-
dant, Mr. Hoby contending it was only 261. and
the Defendant Willing it was aA. The Defen.
dant then flew into a violent pallion, and called
Mr. Roby a robber, and Paid he was come to
rob him ail. In the pound; and that he bad no,
ver ken him before, but had beard enough of him
and his family, and hoped that this would be the
firft and lah tranfaftion he lhould have with Wm.
This witaeLs. haircut. Mt bcl able to Rate the
u 4 wadi torklah I* ?kiwi' war goffirsi