Star.
London, England, 1802-01-20 00:00:00

LAW EVICL/./GEzvCf.

COURT OF CHAZ:CFRY, JANUARY I).
D►I•RY-LANE THE.% rat.

The final dzcition of this Mire is again deferred
till next 'ruelday. The Lotto CH ..):Ct LLrp.,
while he lamented the delay, found it was impoili-
ble to proceed, till it lhould be afcertaincd whe-
ther Mr. Gmbh was a proprietor, a partner, or
a fimple creditor ; if his char:oer was once af-
certained, his rights would be clear, and his re-
lation with relpeet to trulltes, renters, etc. His
Lordfltip fatd, he would, :'.ere ore, recommend
that tile quedion referred to :4r. Scrjeant Palmer
Mould he 11m0y, in•wh::t firnation Mr. Grubb
(lands, and for this lan-pore, that all papers and
every information limLid he given on oath to that
Gentleman. His I.ordthip wifhed it to be under
Rood, that the buntiefs was not to •,-,n beyond tla.:
dap h: v, fixed ; he was unwilling to impute tm-
neccilltry inattention to any perfon concerned in
the cattle ; he knew how difficult it was to em•
brace every part of fo great a concern, but the
Court was not to he eternally occupied with this
one thing. He :riled it to be underaood, that
Gentlemen would come prepared, on a dal that
hs would fix in the next week, to fay dectiively
that the creditors, performers, and tradefmen
had contented to the arrangement ; that the Dalee
of &Jford was fatisfied as to Lis arrear of rent ;
and what was Mr. Grubb's charatler. If this
was not done, he fhould be compelled to ufe the
Ruing arm of the law. It would go to his heart
to be obliged to do fo, as it would crab many of
the interells to death ; bat if what he now recom-
mended was not done, the exertioq of his power
was unavoidable.

COURT 01' COMMON I'LL‘S, JAN. is).
SITTINGS SEPARE LARD ALTANLEY.

PRIV! o. JACo3.—This was an anion to recover
damages for flan:krona words tiled by the de-
fendant, rcfpeding the char.ater of the plaintiff.
The damatTes were laid at toad.
Mr. Scut-ant Btsr Rated the plairtiff's cafe,
by which it appeared his client was formerly thop-
man to the defendant. Naito is a linen-draper in
the Minories. In the courfe IS his addrefs to the
Jury, it came out that the plaintiff had been tried
at the Old Bailey on a charge of felony made
by the defendant. and was acquitted. After de-
tailing the expreflMns which con nituted the ground
of the prefent anion, and which confined of fir
counts, he proceeded to call the witneffes, and
Paid, he had no doubt, from the nature of the
charge alluded to, and of which the plaintiff had
been honourably acquitted, the Jury would give
heavy damages.
Previous to the witnefres being called, it was
litsgelied by the noble judge, that this was a fit
tabled for a malicious profecution • but after
Come converfation between the Counfel on each
fide, the carafe proceeded, it being underttood
that other anions would be brought. The &ft
witnefs called was

Mr. Thomas Harvey, who Rated that be knew
both the plaintiff and defendant; the latter
came to him on the lath of May laR, and laid,
“ that fellow Price bas been robbing me to a
eonfiderable amount, I don't know how much."
The writhes replied, that he was lorry for it, as
he always entertained a good opinion of him, and
had known him for upwards of twenty years.—
On his crof‘txamination he Paid, that the plain.
tiff, after his difmiffal from the fcrvice of the de-
fendant,' told the witnefs that it was on account
of a lady.
Mr. William Wilton, a mercer, reliding in the
L' me fireet, alto Rated, that the defendant had
called feveral times on the witnefs, and told him
the plaintiff had often robbed him of muffins, ate.
and tome money. The witnef, obterved to him,
that he was lorry t a hear it ; but advifld him not
to mention it to any one elfc, as people would not
believe him, as he [till kept him In his employ.
On the I ath of May the defendant came and told
him, that he had found him out that morning
robbing him: a lady had come to the thop, and
he followed her out, requcfiing to know what
the had paid the plaintiff, to which the fail, either
55. 6d. or 6s. 6d. the witnefs could not rccollea
which, and the defendant laid, he afterwards
went back and taxed the plaintiff with purloining
part of the money, when he contrived to throw in
the till ts.6d. the turn deficient.

Daniel Haile, etc' k to the plaintiff's folicitor,
proved that he ferved the defendant a copy
of writ in this aflion on the 13th of May, at which
time the defendant laid to the witnefs, " The raf-
cal has robbed me : fince this is the cafe I'll have
him before a magifirate, and he (hall be tranf-
ported to Botany Bay."
Edward Smith, on: of the Police Officers at
LamLeth•fireet OiEce, Whiteehapel, depofed, that
lie accompanied the defendant on the te.th of
Ilay, in coniequence of a fearch warrant, to festrch
the apartments of the phdtitifF, at thc fign of the
DI n Bear, in Harper-fgnare ; the plaintiff was
not at horns when they fire entered the houfe ;
the witnefs proceeded to open the Lor:s, in which
he found aLont two yards of lifl, and the fag end
of fume cotton, about one foot in length ; this the
defendant aid was his property. The plaintiff
foon after came in, and the defendant defired the
witnefs to fearch him, which he accordingly did,
but found nothing on him ; while he was fo em-
ployed, the defendant called out, g, Oh! you
damn'd rafcal, this is the way you have been
robbing me ;" at the fame time having a coat
on his arm, belonging to the plaintiff, and holding
in his hand fomething in a piece of paper, which
it appeared was a crimfon filk handkerchief, this,
he laid, he had found in the plaintiff's coat pocket,
which hung up behind tke door. Immediately
the plainLiitfaid, " Von danned villain, you have
put it there." A woman, named Smith, whom
the witnefs tinted was relent in the room, called
out immediately, 41 Oh you wicked bad man, I
law yon take that paper out of your hofom."--
Here the learned Judge du e•-icd this woman to be
called.
An; Smith was then (worn ; the deputed that
... 4...1.ant. in the iirawakaratilaca

Li_,

haute. On the t th May, when the warrant came,
the was (feared by her tnifirels to go into the
Plaintiff's room, to fee what they were going to do.
The witnels then confirmed the former witnefs's
tullimony, and added, that the taw the Defendant
take the great coat di,wn (tom where it
was halq.,::ll/., and al.tcr (baking it, let it fall on the
..proind, lie then hung it up again, and while the
was fearcLing the Plaintiff, he took it down
with his kft hand, and putting his right hand into
hi• holou, took out a piece of paper, containing
the liandk, rchief in quedion, which he endeavour-
ed to thi-tiq into the Piaitaifr's great coat pocket,
but not IttifT; able to do it, he called out " Damn
your eyet, you b—y this is the way you
l:are robbing rue." 'file witnels heal ing this,
immec.iately er.claitr.ed " Oh ! you wicked man,
you, bad man, you want to ruin. Mr. Price ; I faw
take that paper out of yoar Wont." The
Plaintiff was then taken before one of the Magif-
trate's at Lambeth.Rreet

Mr. Serjcant Coe ta.t. addreficd the jury in be-
half of the Defendant, and obferved, that this was
uolfke mull cafes of this kind which came before
the Court. The Defendant, in the moment oft
fuipiciun, went to two or three of his friends, and
communicated his fulpicions th.it the Plaintiff had
been robbing him ; this was told to them in confi-
dence, and not with any view of injuring the
Plaintiff. The Learned Fr.rjeant obferved, upon'
u hat had been laid with refpea to the profecution
of the Plaintiff at the Old Bailey, and (aid, that
r -afonatile grounds were entertained by the De-
fendant in order to induce him to lay that profe-
cation. It appeared that he found, upon fcarch-
ing the boxes of ;he Plaintiff, fume of his property
which, however (mall it might be, Hill he had a
right to take it. Ile then obferved, that his client
experienced great difadvantage in confequence of
the prefent attiun heing'brottglit fur words and not
for a malicious profecution, as then mesa probably
the Defendant miglif have been enabled to thew
evidence that there was kilt reafon to believe the
Plaintiff had robbed him ; in that cafe, ha would
have been entitled to their vcrdia. He reminded
the Jury that in this cafe they muff entirely lay
that out of their confederation in the amount of da•
mages they might be inclined to give.
Lord ALT AX L aYdirMited the Jury to the fame ef-
felt, and rodated the evidence. He obferved that
the quantum of dainages they might give, would
be a fubjed, perhaps, of future inveiligation, in
cafe they gave large ones, if the Defendant fhuuld
precis fur the opinion of the Court. He therefore
advi(ed them to giire moderate damages, in order
that the Court might not let the verdtl afide.
Thjurt immediasely found a wadi& for the
Plai • --Damages tool.