Star.
London, England, 1809-11-30 00:00:00

LAO' INTELLIGENCE.

COURT OF EXCHEQUER, NOV. 9.9.
THE KING V. PRE:COTT.
The defendant in this case is the Captain of the
East-India Company's ship Alnuick Castle, which
arrived from China in September last, and the pre-
sent action was founded on the charge of his de-
frauding the revenue, by smuggling tea from his ship
in thR Dawns or at least conniving at such fraud.
It was proved by the evidence for the Crown, that
in the afternoon of the Bth September, between 30and
40 half chests of tea, weighing between 70 and 8011 m
each, were smuggled from the said ship, then in the
Downs; but the evidence produced did not go di-
rectly to implicate the Captain, in this fraud on the
revenue.
On the other side, the defendant brought forward.
a number of witnesses, for the purpose of sliming
that he was wholly ignorant of the transaction.
Mr. Fearne,. the purser of the ship, said that he
was intimately acquainted with the Captain's af-
fairs, and from his knowledge, he was confident that
Captain Prescott purchased no tea in China, in the way
of private trade, but what was in the ship's manifest.
R. Davidson, the Second Mate, and G. Brooke,
Third Mate of the ship, swore that they knew the
parties engaged in this smuggling transaction, of
se-Lich they said the Captain had no knowledge, and
that the boats came along-side and took in the smug-
gled tea while the Captain was at dinner. Brooke,
the Third Mate, on his cross-examination, said, that
Ise had taken on board this tea at Canton ; that Da-
vidson, the Second Mate, said, that on the present ship
arriving in the Downs, he had been present when the
tea was got out of the Lazaretto, the place in the
ship where it was stowed, and put on board the
smugglers' boats.
On being cross-examined by the Solicitor-General,
and called upon by the Lord Chief Baron to name
the persons engaged in it, withont implicating himself
or the preceding witness, this witness, after consider-
able hesitat'o.s, mentioned the Surgeon and First Mate
as parties concerned.
The Soartaron-Gzarnar then said, that from what
they had heard, he was perfectly satisfied that a ver-
dict must go for the defendant in this case, who, on
his side, could hardly regret that an opportunity had
been-given him of clearing his character from those
imputations, which the very suspicion of having been
engaged in such a scandalous traffic could not fail
to tix upon it. From what he had heard, he did
not impute to him either participation, or conni-
vance at these transactions ; and it was fit to be
known, the Ships' Captains who connived at smug-
gling in any of their officers or crew, were equally
amenable to the law as those who immediately en-
gaged in it:—The Jury immediately returned a ver-
dict fur the defendant.

COURT or KING'S BENCH, NOV. EA.
GILDART V. GLADSTONE.

This was an important c::se, respecting the Col-
lection of the Dock Duties at Liverpool. The Court
of Common Ploas had pronounced a judgment in fa-
vour of Mr. Cladstone, a merchant residing at Li-
verpool. 'Upon a Writ of Error, however, to remove
that judgment into the Court of King's Bench, the
case widen, ent great discussion last term, being then
argued by Mr. CLARKE, for the Dock Trustees, and
Mr. RilliAßinux for the defendant ; and the Court
this day pronounced judgment in favour of the for-
mer, by which the decision of the Common Pleas is
reversed.

f<OVEMBErt 29.
Cif:INMAN, CULLEN AND PEARS, V. t I MIN VS.
Mt. PA KKE stated, that this cause had already been
before his Lordship, and also before the Court, when
a point of law which Occurred had been determined
against his chant. It evas not from any disrespect I
to the decision of the Court that the cause was again COURT OF COMMON PLEAS.—Nov. 29.
brought forward, but because the plaintiffs thought IV A VLS 57. naffs.
they ccedd nonw make out a very different case from This was an action brought to recover the price of
that on which the decision of the Court was had.— a horse, which at the time of purchase, had been wet-
Moses Magnus, the defendant, was indebted to a va- ranted sound by the Defendant. The sale took place
tide of persons, to a considerable amount, and on the hith of December last, at Potten Fair, from
among others to the present plaintiffs. A proposition which place the horse had been gently travelled by
had been made to the Creditors by a person of the the plaintiff, Eaves, to London. On the road, in.the
name cf Garland, offering a composition of Meg_ course of this journey, the horse exhibited symptoms
nun's debts, and as inducements to agree to this pro- of unsoundness by refusing his feeds. On the third
posal, two things were held out, first, that Magnus day, subsequent to the purchase, the plaintiff called
had left the country, and, of course, could not be on an experienced ihrrier of the name of Lane, who
stied by the plaintiffs and his other Creditors : and, declared, on his first view of the horse, that he was
secondly, that the fund nut of which this compositien anasareh.:qa (water lying under the skin) which gave
was to be paid, and which amounted only to 20 per him a plump appearance as if he was in good condi-
cent. on the whole debts doe by Magnus, did not den, and that it had also an hvdrothorax (or water
arise from any effects actually belonging to him, but in the chest), and that the animal was so tar gone
was created by Garland, the person offering the corn. that he could do nothing for it; and 'hat all attempts
poshion, wio had stepped forward in the business as to recover hint must prove unavailing ; and that he
the friend of 'Magnus. The Creditors of Magnus, was then much depressed and low in spirits. . Lane,
and the Plaintiffs, among others, had on this relay- on his cross-examination, said, as mere matter of I
sr.: :ttien accepted of the composition, and signed a : judgment, that at the time of sale, the horse, though
paper to that effect. ft could now be shewn, hew. labouring under this complaint, might have much of
ever, that the representations madc to them were to- spirit just for a spurt, so as to impose on the pleaeiff,l
tally false, Magnus not having been out of the corn- Eaves.
icy at the time, and the fund for payment of the corn- Mr. SerleentVeronax stated, that he would prove
peeition, far from having been created by Mr. Gar- that the defendant had sold this very horse to end
Lind, arising solely from the effects oi: Magnus him- Kiddermore, a horse-dealer ; and that two years af- I
self, which were equal, if not to the full payment of terwards, Kiddermore resold the horse to Dixon, for!
his debts, at least to the payment of a much larger 351. a sum considerably exceeding what Dixon had
composition than that which had been accepted Of on recc:ved from Kiddermore for the horse, so much had
the faith of Garland's representation. .In these cir- lit been improved ; and that after this, Dixon had re-
eumstances, the contract into which the plaintiffs had i fused, at Rcdburne Fair, 371. for the horse.
]Veen induced to enter must be held as a fraud upon William Millar, once in the service of Dixon,
them, by which they could not he hound. The pre- proved that the horse had been under his care ; the
sent action was brought on two Bills of Eechange, soundness of the horse for that time, the refusal of the 1
ior 4076 4s. hi. and for £l-00 drawn by the defer- :;71. for the horse at Redburne Fair, and the sale of him
Beet, on and accepted by George and Michael Isaacs, s at Potten Fair, apparently in high health and spirits.
avid indorsed to the plaintiffs. j Kiddermore was next called, and proved the good
The hand waiting of Magnus was proved by a per- condition of the horse at the time of the sale of him
sea of the name of Phillips. to Dixon.
George isaacs also proved his own heed writing, Blewit, a stable keeper, said, that the horse had
and that the las had been granted without value, he : been kept at his stables for three weeks previous to
and his ?artner having given them as guaranices for . his sale at Potten Fair, and was turned out from them
:.terms. On his cruse-examination, however, Isaacs .on the morning of the day of sale in a perfectly sound
admitted, that there were cross acceptances between condition.
him and Magnus, though he could not speak as to I
Mr. Coleman, a veterinary surgeon, said, that a
those particular bills. ! stable-boy would have discovered the illness of the
Mr. GARKow insisted, that it was incumbent on the ' horse, if, at the time of sale, the horse had been la-
Plaintiff in such circumstances, to prove notice of the bouring under an anasarcha, his breathing must have
di-honour to the defendant who was the-drawer. been so much affected. He said that the progress of
Lord ELLENBOROVGH was of this opinion. There disease in a horse was more rapid than in a human
were here mutual demands, and where such a dealing - suisject, and that the accumulation of water . might
could be shewn, notice was necessary. - have taken place in 48 hours.
Verdict for the Defendant. 1 Verdict for the Plaintiff.

1.11(11-1 WATER A 1• LONDON !MIDGE 'lO-MOKROW.
Mnrninn
Aftenuum .....

persons labouring under4
THE COIUMAL BALM OF GILEAD '•
•
Orsid neatly
rees":llPhielhenbdreedaktootiatiiln a variety of symptoms. t•
tfo'r which this salubrious Cordial is a safe and c.:rtain
cOmforting the stomach and bowels, bracing the s•ilids, intd
tout to the whole nervous system. As Dr. SOLOMoN
tire is wive become so great and extensive, and consiani e.
' ga.enients require a considerable portion of his time eutl
dance, he expects, vhen consulted, the• useal con:Piiirtat et
Guinea ; but all written ca s, or letters 1.1 ailvii.st, and Lou:curl.
psysiej with an order for medicine and remittaixe, to brat sw,„
ed at his kitqire, are requirt d to cnclote only H
letters should, for safety, be thus ilir:tctesl—Monty-1..
Solomon, Solomon's Place, Livi•rpoci ,
ord A. B
otblep.
Guineas —'lire Cutdial Balm vf Clit.;:d is sold in 1”).:11j1, pc,„
halt-a-guinea each ; thtre are' also bottles price :3"s.
tiro tour 'ttrt I at Ins. Gd. by which the patient sa. t,. •
Jading also the duty; s,.anip of which bears :h.. pr-:p7;.
n ante and aildrvsii. " Sillitlt:l SOb)111.41, LiVt•rp i„,i.3.,
Mach fttlony.—N. It is neee.ssary to observe, :!,at :he
of all lettors vrhatev.:r, must lie paid.

WHEN PROFESSIONAL MEN of Education
atid Responsibility deviate from the General system be
the selection of a particular branch, the sanction of long continued
success is the best criterion of superiority.
Fourteen years have we devoted our practice to the exclusive
treatment of two disorders, and the successful result of our plat;
gives us additional ardour to oppree, as far as we are able, the ra-
vages of those coniphiinis which are the most important in the
ca:alogue of human
After initiation into every branch of practice, we contemplated
the sufferings of Siphylitic and debilitated Patients, and formed a
wish to resew: individuals from the ignorance of uneducated men,
tr the equally dangerous prucipirrncy of general praeritiocers.
The disorders, to the core of which we have devoted our atten-
rioa, comprise every species of Venereal Infection, whether 01 2
recent or long duration tally, MI kinds of debility, whethei
arising from the habits of school-boys, or the indo;geitcies of ma-
ture age.—Nitinerous diseases are the result of ignorance, or
• haste in the treatment tr,f a simple Gonorrhsea, and it not unfre-
quently,happens, that the seeds of life are poisoned by the iudis-
eretion of an unguarded hour.
Ly a saperior medico,' such complaints are eaAlly cured; and
even where others have failed, we trust that we may presume to
oiler a radical re-establishment.

Few, however, are the cases of complicated distress in this is-
order, compared with the calamitous Si• n:ttions of men, who,
'nom an indulgence in a Solis try Vice, or the prevalent gaie7ies of
a fashionable life, acquire that state of deNlity, which is the un-
avoidable consequence of such peroicious habit:. •
Where the unhappy sufferer broods over his misery, but care-
f Sly conceals lit., toOfortune, it may he some consolation for him
to know, tt.at aLlz•mgh it he au object of doubt or uncertainty
with other practitioners, the removal of these deficiencies by the
gradual progrer ot renovation i the acquirement of our experience.
If the rites of Bacchus or Venus have begun to reduce manly
vigour, much anxiety will be prevented by an early counteraction
of this languid state,and In those( aces, no great difficulty will occur.
But where this deficiency has for yeirs existed. a proper perso-
verance is indispensibly requisite to revive the ;lumbering sparks
of isle, and to re-animate the constitution.
The secrecy which is so. essent 'A to our undertaking, and the
qualifications which we Ttretunse to state, form the basis of our
pretensions, and in coincidence with saris this lath:nation isgiven
that Messrs. Let on and Co. may ne coo ;ulna' personally, or by
letter, (inclosing a Bank Note) at tl.oir house, No. 29, Arundel-
street, Strand, near Temple ear.
There is art additional entrance in Water-street adjoining, and
the name is on bath doors.
A biploma from the Royal Collage of :7nrgr.oris in London, and
Testimonials front the must eminent Physicians and Lecturers of
regular education, arid assiduous attention to the studies of every
branch of the profession, are opento the ittspecticn of any enquirer,
and constitute a fair ground for that success with which we have
hitherto betta honoured. L. LEIGH and Co. Surgeons. •
No. 99, Arundel-atreet,