Star.
London, England, 1801-02-27 00:00:00

GOODWIN V. li I RD.

This affirm was to recover back the rum of
6781. under the following circuma•incest—The
leafe of the Paul's Head Tavern was fold by Mr.
•
Phillips at public auetion ; and in the printed par-
, titulars it was Rated that the Bill-room was t to
feet long, 26 feet wide, and 20 feet high. The
Plaintiff purchafed it, and upon admeafurement it
was found to be only 8o feet long, and on that
ground the Plaintiff brought this anion to recover
his depofir, amounting to 6;81.
It was fliggeded, on the part of the Defendant,
11 that Mr. Phillips before the an began made a
declaration that the dimenlions of the Ball-room
in the Particular migl.t or might not be correa ;
and that they might go and look at it. Itwas very
near the room where the anaion was going on.
On the part of the Plaintiff a number of wit-
neffes were called who attended the file, and raid
they heard Mr..l-iiillips make no filch declaration.
The Leading Cotinfel for the Defendant obferv.
ed, that this action was defended by the Afliptees
of Mr. Marriott, who had thorght it their dots, to
have the merits of that cult difetilied. in 'a Court of
Juflicc.
On.tbe part of the Deicndan:, a Mr. Morgan
'was.called, who hid that. Mr. ehilltr. as ufual,
firit read the printed particulars, and that when
he came to the dhaeuGons of the liall.rourn, be
raid they might or might not be con ea, and de.
fired the company to go and look at it.
Lord KF avow thought it was of no confeetnence
whether the Auiionecr made t...at declarati,m or
not. An Auaioneer ought to be catniou‘, and
alt) gh he could prove ever lc th it he
made that declaration, title.; he ern d lh w that
the Plaintiff WAS apprized of it. he Iliould th:ni it
extremely hard for him to be bound by it. iie did
not impute to Mr. Phillips that lie meant to int.
pole on any per:itn, hilt after printed particulars
were diaributed, if there was any miiiake After-
wards difeovered and before the file, the Aust.on-
eer ought to he extremely certain that every per.
fon prefent was acquainted stub that millakc, in
order to prevent impoution.—Verilift for Plain-
tiff 6781.

•IRD V. GIVILLINI.
Mr. Easessa Bated this anion to be brought

for the recovery of 3 31. t -which the Plaintinad
depotited with the lee...eel:el:, an Auctioneer, as
part of the terehert-money el a gultlic-houle,:.net
which he had elyferiited in the hi I of pat.iculat s
as a moil defiraltle pet eitafe. I.lr eeunittely,
Plaintiff liftened ten eneetly to 0:: r, of 'he
Atiaionecr's pipe and td.r, and fltan.:, upon en-
rzeiry, that intlead ci the returns tof tltis te•tni:
porter being, as he had fallely ttateJ, g:r
month, they atc.stealli were not zei. hie 11,•,.1i.:;;iL
it but right th.:t, havinz been thus dee;t ..e..', he
lhonld have his money returned.
Derr. Mtxuay adeitell7.d the Jury for the Deres-
dant, and laid, that it was told the Pisinziff
returns were altogether lhattor aid pot!: a- 6:1.
and he had Paid heed:d net mind any thing about
the returns, as, with his centienion, he !hi ald
ibon be able to do a near th•al itelinef. This
reminded him ef a nor'; of aa old friend, Mr.
Cowper, who being ence aro:. the Oeford cirznit,
totted itimfelf very wears- :tad dry, and featin}..;
himfelf under a tree ju!t opportte to a public-
houtie he called for a put Of pot ter. The Land-
lord brought it to hiut, at tile lint.• time remark-
ing that it was excellent, but he had no great
draugbi for it, as his neilthour ran ae-ay with all
the cullorn. Mr. Cowper obi-crying the tankard
was bete te,(ffel/, fetid to him, " if you will gi-m me
another pot, I will tell you how pat may have a
drau.:;ki." To this the landlord :dented.—
When it was brought, Mr. Cowper, fhewing him
the half-filled veffel,laid, "j// your 'pots, my friend, .
and your draught will be larger."—Mr. Mincer
Paid, he fhould call witneffei to prove that it was
flared to the Plaintiff that the returns were not 6ols
and he purchaftal, knowing that to be the cafe.
The Clerk of the Audioneer, however, proved, ,
that on being applied to by his employer to !late
the exact amount of the returns to the Plaintiff, be-
fore he bid at the tale, he did exprefsly tell him.
that the returns Were from pl. to 531. per month.
The LORD CHIEF JUSTICE obfervcd, after hear-
ing the merits of this cafe, that Courts of juflice
were not the cheapeft places in the world to learn
the rules of morality. The parties paid a great
deal for them, and yet it teemed to him that all
their experience had no effect. Printed Pertitlulnrs
were diftributed, and by thofe Particulars the world
was informed fo what extent the trade was carried
on, and therefore might adapt the price to the
extent of the trade. It was not too late to cc rreet
a miftake before the auction began. What was the
ufe of printed Particulars if they did not contain
the truth ? The Audioncer here defcribcd the
trade to be from 571. to 601. a month, and ap-
pealed to his Clerk whether it WAS not fo. It
turned out it was not half the fum. Said his
Lortl(hip, is not that a grofs impolition ? It is
tlrange that filch things Inould he pradifed after
n) many aliens have been brought, and lot:cell-
, fully brought. That honeny is the bell, policy,
was a kiwi of general maxim at the head of' the
law. Men outOtt to pradife fair dt• lint±, and
ought not to hurtle upon ona another. Theanother. De-
fendant and his Clerk this kernel to have
been employed in dabbing the little 'hare of judg-
ment they had, to deceive thole who attended the
tale.—Verdid for Plaintiff, 531. is.

COURT OF KING's BENCH, DUBLIN, FEB. 9.
FARRELL V. G.t.t;G•

In this cafe was determined, for the fira time, a
quellion of contiderable importance to the educa-
tion of the Roman Catholics of this zoniary. The
plaintiff, Mr. Farrell, i; a Roman fchool-
mailer in the city of Cork—the tiefendant is prodor
of office of that dioc,:fe, and had in his official ca-
pacity exhibited articles in the Coufhlorial Court
againit Mr. Farrell, for teaching fchool without
the licence of the Ordinary or Bilhop. Mr Fa •
having in vain alledged, that the Ratute of • •
3, commonly called Sir H. Latigrithe's .L
rendered it unneceffary for a Roman CAC...
fchoulmailer to obtain fuch licence, applied to the
Court of King's Bench for a prohibition.
Th.: Court, unwilling to determine a quelion oc
fuch importance on motion, ordered the plainthr
to declare in prohibit:on—to this ch.claration the
defendant demurred generally, and prayed a w. it
of confultation.

The cafe was argued at gr::.t lzugth in eic
WI and prcfent term by the ATTORNEY iN FR At.
and Dr. lhowNE, in fupport of the Demurrer, and
by Mr. BURTON and Mi. O'CONNELL"; for LIIU
Plaintiff.

On this day the judgment of the Court was pro
flounced by Lord KILU'ARDEN, who crratiated
with energy on the manly liher:•lity of the fyfts.rn
which has been during the prefent reign fo happi-
ly purfucd towards the Catholics of Ireland, and
he declared it to bathe unanimous opinhn i the
Court, that the fpirit as well as the, letter c f cl:e
a,!'t relied on by the plaintiff's Counfol, wen: di-
renly to take the power of licenting C.:!hol:e
fchoolmallers from the Ordinary.—Judg:ncr.t for
the plaintiff.

HIGH COURT OF JUSTICIARY, EDINBURGH.
Monday fennight, David Hunter, labourer at
Bonnyrigg,parifls of Cockpen,and cotinty of
burgh, was brought betot,a the High C(:•:, r of
Julticiary.—He was charged with the mtir,?-..r at'
Ann 131aeleie, refident in the n!rove priro, by d if-
charging a loaded gun at 11.!r, near h:r h:tufe
on the 14th of June I ('9, of whi.ll v.(a:nd !he :-oon
tier died, buthi Couni.:l had pleaded hi; h.:•i:tg
Cane, and confequcutly not a proper objen for ;:ial.
A doubt having arifen as to the mode of try :•^
prifoner's infinity, the Court ordered info7::::,.n;;
to be given in on the point, wh..l)::r ti:is plea
thould be tried by the Court, or remitted to a j.i-
ry, which was accordingly I. .1-:1-
118;ps delivered their op:nions a:
length, and tOund that the plea of r:ead-
ed in bar uf trial ought to be by the Ccart wit!aact
the intervention of a Jury.
'1 he Court then heard at cortat
upon a very important point of thz Law of
land, viz. Mel::: a p,n-foil tieing prelim a
precognition w. 1% frog' being a wit
nets on the trial for which filch precognition was
taken ? Their Lordfhip: ordered intormation on
this point, to b: given an on or b:tor: the 21 of
March.

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