Star.
London, England, 1823-07-12 00:00:00

DAVENPORT V. RACKSTROW.

Mr. Ct.lnwbon stated, that lie feared that they
would think his client over matched; when he told
them he was a tailor, and that his opponent in the
legal strife was an attorney. Both parties lived in
Oxford, and he was in a condition to shew, that the
articles in the plaintiff's bill, had been furnished, and
that they mere charged at reasonable prices. This
he would shew, and he would shew them besidei,
that the defendant was a very-well dressed man by'
the length of his tailor's bill. He would also shew
them Ghat the defendant was a very fashionable man,

as be had not paid his tailor for five years. The de-
fence he had heard was, not that the things had not
been supplied, but that the plaintiff and his son were
pal tners, and oueonly ofthem had brought this action.
If this were so, it was a good legal detente; whether
it was a moral one or not they had wit to try—that
must be left, he supposed, to the Professor of Moral
Philosophy in that learned University Ilowevcr,
that defence would fail, for the father and son were

not partners at the time of the bill being first due.
Mr. Davenport, jun. was asked, before he a as ex-
amineci-in chief, whether he'svas not a partner with
his father?—He stated that he was not at the time
these goods sere furnished, though his name had
been used as a partner befo.te. He knew of the de-
fendant having the goods; they are charged at fair
price* the bill is is7s. odd.
Cross-examined—rQriginally :the things were put
down in thEir books at lower prices, but altered to the.
prices in the bill.
ite-examined—The alterations were made on ac-
count of the length of credit.
Mr.. Slatter, a tailor in Oxford, deposed to the
pricks being reasonable.
Mr.Cnoss, for the defendant, said, if tradesmen
first charged one price and then raised their own
charges, it was not to be expected that persons would
submit to that ; and here the plaintiff owed the defen-
demi an attorney's bill, to the amount of about £4B,
which they would have to deduct.
The defendant's bill, which had been taxed by the
Master' was. then put in.,
Tht Learned BARON told the Jury, that -as to the
1:48 the defendant was clearly entitled to a set off,
and he advised them not to countenance, a tradesman
chaiging higher prices than he had put in his books,
on Whatever grounds he might do so; however, after
making some allowance for that, there would be a
balance iii favour of the plaintiff—the amount Of that
balance was for their cohsideration.
Thi Jury found for the plaintiff—Damages 251.105.
• , . cox V. WYATT.
Thisivis an 'action of 'rower, to recover the value
of avarfiel, the :property of 'die plaintiff, which 'the
defenilant detained in.his pOssession.
The plaintiff ',Quartermaster &the Oxfordshire Mi-
litia; the defendant a barge-owner in Word. It would

appear that the plaintiff sent the spaniel on the 18th
of September last to Mr. Evets, to ask if he would
like to have it, is being then quite a puppy. Mr. Evets
would not; the servant, whose name was Hooper,
brought the dog back, when the defendant said
" The dog is in the way, take.and drown it, •or do
what you will with it." Hooper took the dog away;
and offered it to the plaintiff, who gave him five
shillings for it. The plaintiff sent it to a dog breaker,
from whom the defendant demanded it. He did net
obtain it at that time, but afterwards succeeded in
getting the dog, with a collar with the plaintiff's
name on it round the dog's neck. The plaintiff had
caused repeated demands of the dog to be made, but
without effect.
Richard Hooper proved, that he had been many
years a servant of the defendant; he proved the taking
the dog to Mr. Evets, and the gift to himself and sale
to the plaintiff, as stated by Mr. Janits; witness
took away the dog publicly. •
Cross-examined—Witness was not turned off for
taking the dog without leave; his master was not an-
gry, but appeared displeased at Mr. Cox ILiving it;
never said to Hannah'Wylde that he wished his mas-
ter might not know about the dog.
John Evets proved the bringing the dog to him,
as stated. _ _ _

William Green, a dog breaker, had the dog from
the plaintiff with a collar on, with " Cur, Quarter-
Master, Oxford," engraved on it; the defendant asked
him for the dog ; witness said, you have given it away
long ago. "Yes (said the defendant), the old man
(Hooper) says so. I might have said something
about it, but I do not think I gave the dog to him.'
Defendant demanded the dog; witness reused,, and
defendant said he would have a summons to take up.
the witness and the dog too ; defendant some time
after got possession of the dog:
Cross-examined—The dog was brought in a co-
vered basket.
James Herne proved, that the defendant gave him
a collar to give to Mr. Cox, and that he did so.
Mr. TAUNTON addressed the Jury for • the de-
fendant.—lle put it to them whether they could be-
lieve Hooper? and he was authorised to assure them,
that the supposed" gift never took place, and indeed,
Hooper was al,elost compelled to say it had, or he
would be guilty of stealing the dog; he should call
Hannah Wylde to prove what Hooper had .said to
her, and he would remind them, that all the publi-
city of the taking away the dog, was the publicity of
the inside of a covered basket. _

Hannah Wylde proved, that Trooper did say to
her that he wished his master might not know about
the dog.
Cross-examined—Her master had three such dogs,
two of which he sold for three guineas each, but she
had heard the (I:::endanP say that they must make
away with this one, for he did not know what to do.
with him."---Mr. Jgavis shortly replied.
The Learned HAttoa summed up the evidence, and
the Jury found for the plaintiff for the amount of the
damages in the declaration, but to be 'educed to one
shilling, on the dog being returned.

The Magistrates of Gloucestershire have given
orders to the constables to suppress all pitched Boxing
Matches within theh respective districts.
For sometime past numerous attempts have been
made to extort money from persons of the most irre-
proachable chancier, by accusing of, or charging
them with crimes of ;he Mostinfamons nature. By
law, Money obtained by meals so atrocious, has al..
ways been held the most aggravated of crimes, and
has invariably arid properly subjected the vile offen-
der to the punishment of death. Still the law was
defective in not providing an adequate punishment,
in cases where the offender was detected and secured
alter making the charge, and before the money was
Obtained. By an Act just pasted this defect has been
supplied, and any person who hereafter shall attempt
to extort money by infamous threats, is liable to be
Transported for Life..
.We have thus called the pub-
lic attention to this enactment, that offenders of so
execrable a character may be visited with the exem-
plary punishment so atrocious a crime demand:.
Thursday m.,rning, about half-past three o'clock, a
poor woman, who was proceeding to the Lying- in-
llospital, Westminster-bridge-road, Lambeth, with a
recommendation for the purpose of being acconimo-
dated there during her lying-in, was taken in labour
about half a mile Flom that Institution,and was de-
livered by the road-side of a fine child. • After her
delivery the poor woman walked the half mile to the
hospital. Some women who were accompanying her
carried the child in a petticoat, which one of them
divested herself of for that purpose.-13ow1ing is the
name of the above poor woman. She lives at 21,
Henderson's-walk, Vauxhall; her husband is a soldier
in the I.sth Regiment of Hussars, and with his Itegi-
ment,which is now in the country. She and thelittle one
are doing well; it is a fine boy. She stated that a
Medical Professor in the neighbourhood was called
up in her time of need, but that be looked out of the
window, and bawled out, " go along, I cannot come
down to ybu now, I'm busy !"
HARD Castel—During the proceedings in the Pa-
lace Court yesterday, the business was impeded by
the noise occasioned by the workmen in the erection
of some buildings in the vicinity of the Court, when
the Judge sent for one of the labourers, and told him
the noise must s:op! The man scratched his head,
arid said it was a toery hard case, as their pay would
stop !—The Judge observed, he should not argue
the case with him ; but if the noise was not stopped,
he should commit the workmen.---This had.the de-

sired effect. .
ELEGANT GLASSES, FURNITURE, &c.—The No-
bility and Gentry are invited to inspect the Ware-
rooms of COOPER and Son, 93, Bishopsgate-Within
where is exhibited an as-ortment of new and second-
hand Plate Glasses, admirably suited to every descrip-
tion of drawing or dining rooms. The prices are just
reduced 40 per cent. on Plates measuring 100 inches
by 72, and upwards; and on tflose of smaller dimen-
sions the alteration will be found equally important.'
The extensive preference given to this Establishment
is thankfully acknowledged by the Proprietors, who,,
in their endeavours to evince their gratitude, by ma-
nufocturing articles in a superior manner, at prices
suitable 'to the times, hope to merit a continuance of
public support. In the furniture department is com-
prised every new and elegant article of Upholstery,
Cabinet, and Chair-work, -regulated upon sneh a
scale of economy as to demand and ensure the pa-
tronage of rank and fashion.

SPORTING INTELL(GXNCE.

BOICI'NO.

One of the best contested battles on record took dace Inter-
day morning, in a ten acre field, near the twelve mile stone on the
Hillingdon road, between Johnson, the black, and a fresh enta-
iled one, and who turns out to be a pupil of hls countryman's
from Hampshire, who is about to will with Jerk. Hudson. The
countryman, whose name Is Meadow, was a plant upon the Black,
and the match was !nide on the preceding evening for WI. aside.
Green seconded theßlack , and a nun unknown handled Meadows.
At the turn-loose the Black placed a cracking hit upon his ad-
versary's nob, and in return begot his nose broke,which seemed
the signal for beginning heavy work. A tremendous rally fol-
lowed. The round lasted ten minutes, and the claret was stream-
ing from both, but Meadows had the best of it.
2. The men unmuzzled again, and dealt out slaughter like
bult.tiogs.
3, This round was a finisher to the Black. After recovering
from a little piping, a rally followed, in which Meadows had the
best ; although in one part of it he was dropped upon his knees,
by a blow on the chest. But the Black was as groggy as if he
bad gone dry at Seager's dairy, and a tremendous blow on the
left Mostar won Meadows the fight.

CHARGE AGAINST CARTER,-THE BOXER.
ROBBERY OP THI BANBUAT COACH. •
OXFORD ASSIZES, JULY 10.
Mr. Ctrawoon requested Mr. Justice Max to read the depo-
sitions agiinst the prisoner, and he would lind that the evidence
scarcely affected his client.
Mr. Justice PALI said, that on looking at the depositions, he
thought they were pregnant with strong suspicion against the
prisoner and in so serious a charge he did,think' he ought not to
admit him to bail.
Mr. COILWOOD urged the admission of the prisoner to bail.
Junoa—Who is tho prisoner?
•
Mr. Cortwoon—He is a labourer. • _ _ _

Mr. TAteoso—A be labourer you mean ! My Lord, he is a

Jupcx—l am sorry that such characters and their illegal prac-
tices meet with so much encouragement. I cannot say the

amount of bail I shall require till rknow in what situation of
life the prisoner is.
Carter—l am a shoemaker, my Lord.
Jusox—l ant much disinclined to admit the prisoner to bail ;
it is important, in a commercial country like this, that the pro-
perty of persons on its transit from place to place should be pro-
tected; however, as the prosecutor consents, I will accept of
bail, viz. two sureties in 201. each, and the prisoner in the sum of
401. to appear at the next Assizes to take his trial for this felony.
Carter stood charged with having, on the 4th July in,t. stolen,
in a coach travelling from i3anbut y to London, a parcel contain-
ing Bank. notes belonging to the Banbury Bank. The parcel in
question was put into one of the pockets of the coach on the 4th
of July, on its leaving Banbury, and the accused was one of the
passengers in the coach. On the parcel being missed, the pri-
soner was apprehended, but no trace of theparcel or its contents
has been found.

Mr. TALFORD, on the part of the prosecutor, Mr. Drinkwater,
moved an affidavit 61.4 the recogrizanccs of Mrs. D. be respited
till near Assizes, on the gro....nd that her accouchement was hourly
expected, and she could not attend to go before the Grand Jury
to find a bill; she being an important witness.
Mr. Cunwoon opposed the motion, and contended that Mrs.
Drinkwater could not be an tant witness against the accu-
sed, and urged the exceeding hardship of his client being:kept for
eight months, and through the winter, in a gaol, when probably
he might be entirely innocent of the accusation.
Mr. TA roan said that the prosecutor had no objection to
the prisoner befog admitted to bail till next Assizes.
PRESTON RACES, JULY B.—(Four DAY.)

A Plate of S7O, for all• iges, that never won a Plate, Match,

or Sweepstakes; 3-yr-olds, Gst. 101 b. four, Bst. five, Bst. 91b.
and aged, Bst. 121 b. Heats, two miles and a distance.
Mr. Denson 's b. c. Shut Der, 4 yes old - - 1 1
Mr. Hutchinson's br. c. Orville, 3 yrs old - - 2 2
A finely contested race. Both heats were closely run, and
won by a length.-5 to 9 apt the winner.
The Produce Stakes of 50gs. each ; colts, Sat. Sib. fillies, Sat.
91b. untried stallions allowed 31b. (Nine Subscribers). Two
miles.
Mr. Yates's ch. f. Squib
Mr. Clifton's ch. c. by Comus
Lord Starnfords b. f. Fury
Mr. James's b. f. by Whisker
Lord Derby's sister to Erie - - 5
Four paid. A very good race, and won cleverly by half a
Ipneth. Corm,. colt against the field-2 to 1 apt tilkwinstaz—.
and 4 CO 1 agst Lord Derby's.
weiter.snaie.--(areonn nay.)
The Gold Cup, value 100 gs. added to a Sweepstakes of lOgs,
each, was walked over for by Mr. Prim's b. h. Reveller.
A Plate of £7O, the gift of the Earl of Derby, for 3-yr-olds,
7st. 21b. 4,yr-olds, Bst. 71b. Heats, two miles and a distance.
When the mail left Preston, only two heats of this Plate were
run. Mr. Kirby's br. c. Orator winning the first, and Mr. Read's
gr. c. Marauder, the second. Ave started.

-• ; •

• .

Cocenut.-A main of cocks commenced on Monday, and finished
on Wednesday, between the Earl of Derby and J. White, Esq.—
Potter, feeder, and Fleming, setter, for the former; and (Myer,
feeder, fur the latter.. Ten guineas a battle, and 11430g5. the main.
LORD DILBT. M. 3. J. WHIT; ssn. at. a.
Monday - • - - 1 1 Monday - - 3 1
Tuesday - - 3 1 Tuesday - - 1 1
Wednesday - - - - 1 1 I W,- 3 0

ednttda
Lord Derby and a 01111Wr0416 train of l obility and Gentry,
&c. witnessed both Cocking in the morning and Races In the
afternoon.

BOAT RACE.

Monday last a grand Rouringetatob took place on the Thames,
at Wandsworth„ for a w►erry, given by the Gentlemen of that
•illage. The prize was won by a Waterman named lienjatakt
Marchant, to whom ft was delivered, amidst the acclamation of
the spectators, by Mr. Atley, jun. of the house of Leader, Atley,
and Co. the distillers, who acted as umpire. The whole affair
went off with great mist.

ilimiem