Star.
London, England, 1824-01-17 00:00:00

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J• • . 1111112HAL..1101111. ie.—. --BROOKES _ ...XTOU.
~ This vies tin-appeal against the conviction of Thomas
Doveßrookes, of Brentford, in the parish of Ealing, in
Middlesex, on the information of Proctor, for having
sold beer and ale of a particulir description, by tetail,"
without a Magistrate's license, asas victualler. •
Mr. BOLLAND appeared, by order of :the Board of,
Excise,,for..the appellant. He was attended by the vs.!'
licitor of Excise. • .
Mr. Serjeant Pau. appeared for the respondent. Th
Learned Serjeant proceeded to contend, from the Con-
struction of the Act 35 Geo. 111. cap. 113, under which
4,e conviction had taken place and from the fair inter-
pretatinn.of some clauses in the 26th Geo.ll. the 324
and 48th Goo. 111. that no person could sell beer or ale
of a particular description by retail, without .being duly
licensed by the Magistrates. When the Learned Gentle=,
man bad concluded,
The Chairman (Mr. Cossr) said, it appeared ,to him
and other Magistrates on the Bench, that in this Court
the present important question . could not be satisfae•
torily decided. Which way Kanter they might eecide,
some party would be 4seatisfiedi the question would
not be s•tt at rest, and. similar appeals would multipli
• in different parts of the couorii.;,4 4 was plain, then;
that to a higher tribunal the mattef *lost be ultimately'.
referred. He would therefore recommend, that Counsel
at each side, having agreed upon the facts, should make
. this a case for the decision of the Court of King'sllench.
Mr. BOLLAND said, that he would have no objectioh
to this proposition. The question was a moat imPoni
tant nue to the Public, and it was necessayy that k
should be set at rest. The Learned Gentleman, in reply
to an observation which, had fallen froth Mr. ,Serjeant,
PELL, accounted for the Board of 'Excise .having takeh
up the appellant's case, by stating, that wheii.soine rat-
tail breweries were first. proposed,applicationWas Made
to the Treasury, as to the legality of such earkkili
ments selling by retail. The Treasury referred'the a .
plicants to the Board of Excise, and by that Boardthe
were informed; that if .a Cotninorilareatter disdained.
usuafialawances (three 'barrels in 30; and paid duty
• accordingly, it would be perfectly ygal for them to
sill-beer or ale by retail, to be consumed otherwise than
on, their own premises, without the necessity of obtain-
Mg a Victualler's license. As far as tine decision of the
Magistrates at Brentford had gone, the opinion of the
Board of Excise had been declared to be in error : and
the Board, finding that the appellant had acted by their
advice, and believing still that that advice was in con-
formity withthe due construction of the law;,felt bound
to take up his cause. . .
Mr. Serjeant PELL said he would not individpally
oPpose the course recoinniended by tht-Bench; but as
some of his clients; reborn he did not know, alight be in'
Court, he felt -it but justice to. them -to declare his:
solemn conviction that die fair add true construction Of
the Acts of Parliament fully stippoited the decision
Made by the Magistrates at Brentford. He would be
quite willing to abide by the decision of this Court
without going further, buthe had rio ,objection, if it
were so o iShed, to meet • the opposite,- parties M the
Court of Kings Bench on the question. In conclusion,
he said, that with every respect for the Board of Excise,
he trusted they would not be too ready in future to give
their opinion of what was or was not law on important
questions, until the matter had been first decided tebe
so by some of the superior Coot ts.
Evidence was now given. ahat the appellant bail
taken out a license as a common brewer, had given the
regular notice-of selling by retail, and had disclai . -••
the allowance:
The facts being agreed to on both sides, the Magik-
trates affirmed the conviction, leaving, of course, exc..
cation suspended until the filial decision by the Court
of King's Bench.
JONES BOWDEN p. LORD KENYON.
. This was an appeal by Lord Kenyon against a conk
viction before Mr. Minshull, at Bow-street, in Auguit,
1823. When it was called on i.orlay in its regolar turn,
the appellant did not appear ; and it being understood
iliNtLin application *at-about to be ruideon his. Lor4;•
shlP`a behalf to hate the citSe farther postponed, '
Mr. C.,Pitittars, int the respondent, addressed the
Bench, and said, he would object to any farther poSt-
ponement ; he stated to the Court the reason why he
objected. This case came' origivally before Nit. Min,
situ% the Magistrate, as a surnnionsi•Calling upon Lord
K,ebynn„,*ho was describedas the proprietor Of the
Tiiti Vigion Evening, Newspaper, for the payment of
(we think) .31. 12s. 6d. due to the respondent, Bowden,
' who was a journeyman printer, and had worked on the
. - paper; Mr. Minshull decided that his Lordship should
pay the Money. Lord Kenyon, however, for very good
. : reasons no doubt, appealed against the lagistrates de.,
lis-ion. The case had been put off once before, and he
' (Mi. Phillips) subMitted, that it naiad be injtistiee to
his client, oho ought to have received his Money. doing
since; to allow it to be farther postponed. The, noble
. appellant was absent, and could not attend ;. he was in
fact MT the country; under those ciretimstances, he'hoped
the Coin't would Ann the detition of the Magistrate';
he acted in this application by the earnest desite oT his
diertr.-The COURT, finding that the appellant was. not
ready to proceed, affirmed ire conviction.
, cOBBETT v. *EDE.
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'This was an appeal by Felix Webb, one of the toi
collectors on the Ilammersmith-road, against-a convic-
tion made before Sir Richard. Birnie. The conviction
was read ; it set forth, that on the 27th of
.November
last, Felix Webb, being then a toll-collector on the
Hammersmith-road, did use and utter.certairr abiiiiv'e
words' to William Cobbett, being then a traveller. or
passenger along the said road, to wit—" You dare
,sbew ,your face in any Court of Justice; there is n•
Magistrate who would believe your word." This wai
- alleged in the usual way to be contrary to the form Of
. the statute, and the defendant was fined 51. Against
'this . conviction the appeal was made.
. . Mt. ADOLPHUS, who appeared for the appellant,
was-proceeding with some preliminary objections to the
spnviction, on the ground of the want of jurisdiction in
the.-Magistrates, when
- „Mt. FRENCH, who appeared for the respondent, in-
., seefetedr-he said that he had an objection to make,
ari,hich. must take precedence of that of-his Learned
Itiierni; he objected to the notice of appeal as irregular,
. ~ou,ba viosald rather say, he would admit the receipt' of
4,4-ortaiptpaper, which he did not 41low to be a sufficiera
Z=ap nh she Act directc4. He then rAterrett to the Att„
- faun::f 'wed.' that th:e sptotice pi10,t.114 ; (amongst other
s• - i-yontaioati appeal :tel ast, the conviction, " and
et ads the matter thereof." Now the paper which
respondent received, alluded to the matter of the con-
viction no farther than these words—" consideting that
lam not guilty thereof." This, he maintained, WAS not

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suncietite,--The Magistrates held this elsiliceioritobe is'
lid; end- affirmed' the eetriietion. •_. • . . .. •
• Mr. Iznatice applied' for.coitse. •: • . .
The COURT refu,ed, on the ground that the.respbn-,
dent need not have appeared with. such antics:
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' WESTMINSTER. COURT OF REQUEST& ' ,
CASTLIAITIMILT, unclisrevniun,JAXlMST l&
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WECCIIVORD .v. WAL,IES...•-•This WIS a suit to recover'
!. the sum of ss. 6d. which the defendant did net admit;
to be correct. The names-of -. the.•two.parties wooldi
almost lead to the supposition.that they were 'of Cain.'
brian origin, but.in point of fact they were .thorough,'
bred cocknies, and born within;the classical' sound oI
Bow-bell. It.s.hould also be premised that the plaintiff
was a young Lady, and the defendant, a yoting- man:.
Gentleman, is now so common, that even Mr.,WaleS
himself ought to feel complimented in our present dis,
tinction. As the debt was not admitted, the Lady,
Miss Welchford, was called upon to make out her case,
and .it turned out to be a combease.—Mr.,Wales, it ap,
peared, was a shopman. or something of that, sort, but
not being bedded or' boarded in the house where he was
employed, he had taken.a lodging at that of the father
of Miss Welchford,. and .after some sojourn there, he
was attracted, whether by any similarity of name did
not come out, towards• the young Lady; he used to
• meet her on the stairs often, and from " good morn.;
ings" and " how dye dos," the phrases with. which lie
broke the ice, he proceeded .as the Lady said, to break
the peace as well, for he. took liberties with her,! At
this assertion, Mr. Wales held up his hands as high as
a little man could do. However, the Court, although.
it is constituted for the City and Liberties of Westniin...ter,
did not consider itself qualified to decide on libertiei
taken with. a Lady, and therefore requested that the
matter of debt might be explained.. The Lady came.
to the point at once, by pulling a small paper, parcel out
of her pocket, containing the mutilated remains of bee..
best real tortoise-shill- criatb; which the love-making,
' liberty-taking defendant hid brekehinleite of their refs.'
' comer on the stairs, at aforesaid; `stud Which Comb hat
cost the Lady ss. 6d. of her saiitl-ttp peekeelrioney, and;
moreover, was thought tiihavebetri4 great bargain. :.
• Mr. Wales nett, aihnitteif that he hid. beeti *so utilhi.,
Innate as to break the Lady's comb, but he denied
breaking the peace, and' also the taking of libertiesl. be
scorned it;, his love wasofa rimire dignified nattite; but
neverthele
.he certainly' had broken .*tooth or so o
the comb, in a little &waling match--2.strttegiiritc foi
a kiss at ChristmaS; " Mir then,-Gentlertieti,P Gild hi,
at the mime time pulling hii - paper' parcel out of *side-
pocket-4, to shew that -I. meant to bi hOrioufable„ .IbOk
here ; I have-bought her a heel'. cofti6,- Made -of right
earnest tortoise-shell; ter which I paid a crown .ind
l'in litire it would look as well upon' the crdOn• Of -her
sheid as: die other did ; but for all ilia( the tibeeha
it. Mits. Welchford Wit NOW asked why' she MroOlit
not accept it? and she pointed out to the Copia:lls66MA
that it *at Inn eli• thinner, and by no titans solded 4
her's& Such being the case, MkiVilei rye &death
pay the debt and cotes; and- die binkii coin: liiing.
'handed to him, lie wrapped it. tip 4tith Of bit* Otter
and pocketing the combs and the *WrOnt iff Abe_
_I iliSb[e
time, he Marched Off, libasinhig the tut* Ites'Silibtherds
I have lost mt love.* .;--;' • . • • .'-. -: • ~. ' ;
BATMAN V. Doillibitx.—ln this case tlidiadie!
peared for their respeeti* husbands; and the debt.
414
was It. Mrs.Doringttu4 fbr her husband, ibettoil*
hadbeen recendy married, and ivhb had bitif,lottlies
beau, and was also* BotO4ttelet Officer, ad ltYedlibe ' %
rettnesir Or the' deht, Mit' blinded %die* '' '' 'bet • Li
Di. 2
Was:lhoulim--, ' . ' ' --; -.1 - , ' .01.74; •.• ' ' - .:
~.,..:;.-1.,,r 1, !• ' .... '• ; Vt.:•- --- • • . *_,. d;
Lent in Catitli it Abo Merit Theatre; tie sem or .. - - s 0'
I'4d for aclositance to Vausall, to Aim DiLttnate; the dam of 3:. IP

6. 6
Mrs. Batman said she could not dispute- the* Aria
helm, as it might have .ben lent toter h6sbaddtvittiiost
berek ; aitodit:tt!!Satbe—aletiitt rtitilftiVg
had sbe bete . .• ,P.
the courtship of Mr. DiSiitigttiti; A* etfielf begettof
Bow-street Officers ait- stttnetittlef orotivcitgzathe
rows or theblind. god; arid' it' v4alt-thie: •
fingtott-Irad paid fpr her adinitsion; MO, 'a% iattritakl
'refused tb repaid, meanilig,l6lhe
Lion, to treat her, as she thotfght; ' and that
if it was now claimed she wtitild'briAdiefitratliee scut.,
vily., Mrs. D. on thetther hand, pettista
deter meant to be at thelOss of fiiettiolieii Ytt:t4e,
Vauxhall admission; anti that now die
over, the amount watof iuMcient consequence to lie.
claimed as a•set-off. The Commissioners allowing its Mr*.
o Doi ington was ordered to pay theciiiference., 115.6 d.

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Between three and four o'clock Ott Ttleartif'endralt
a fire was discovered in a pailic4robiselittiCheripticle
Liverpool, kept by 4 Orsini nattied:Sall: It Iltrd1410)
destroyed the whole 6f the back Ohre bitlieoprenf
01
'before it:.War discovered, arid. had istetitlitrib t 4
front, and -to the roods kr wfilelf MY: ith'd. Mt II
'Slept, Mite We4e alunited by a piriotrtitr6sting 'a *44
'through the room Orindlw., • The bed dit'Whieliihdy
were asleep was on fire art, the. (idler but' tiey Made:
their eieJpe by - jettlipPfig, aletintt in a stare' of nerdltym
through. the win'd'ow', lisppily Without saitainink any,
personal ipitiiy, eldept Me.ligli being a little burnt on
the face and. hands ;.not a single attic-leaf furniture or
clothing was saved. S - ,• •
Tuesday, Thomas Clark, alias Captain Efaulkrieri
tried at- Somerset County Sessions, .far:stefailipg :silver
spoons . and forks from. John Thomas 'Sop at %kr.' -
lark.- .liie did not employ Counsel,- letiinterh•ezamine4
the witnesses himself in a most itopOdent:aoti avthil
'manner; the result was, that, ne of:duis eititsesse% In
answer to the prisoner, said, 0 Why, lisereanyou so,
that ; did yon not fall down upon your .kneels when We
canght yen, and beg us tolet yolk go, saying, that yetf
should be transported, if we took you before a- Magis.:
trate ?" The Jug, who were standing up, on kiearillg
this, all sat down, and a verdict of -Guilty was returned
against die prisoner. - He was sentenced toseven leare
transportation beyond the seas, and at thecondusion of
'the sentence said,- with a most significant lbok, "and
when I come back, I will call upon Mr. Thomas again."
Mr. JOHN Kemetc, -once tehearsing bit part in the
Opera Of Iticliaici (*our tic Lien, and attempting. hits
song,.Mr. Suaw, the leader of the band, exclaimed,
" Oh, Sir! how shockingly you murder the timer " If
I do," replied Mr.'Ketrat.a, " I am not so merciless as•
you, who are alwais eatiigg it." .
..
MINING Iwret.i.ttrallot..--Copper ores sold at ed-
'rink, Jan. 8, 1894, 1,083 tons; avenge produce, -R
81. Quantity of
`fine rapper, talons II csifi..- AM641131 of tate, 6,46 W. 19e. 6d. ;Ain,.
rage standartl,losl.. I:Ls. Copper ores foi side nett week et Red-i
ruth : Consols, 420; \Vh. Busy, 180 ; Tintang, 166 ; Great St.
George, its; Wh. Cluuste Ctinsois, 87 ; Great Towan Consols,2o
—Total 991 tons. _

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er,lt&ir ;;
Augatiat 'SEStSIONS. JAN. 16.
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IThLtir. SAIRVICRIS&+-PROOKES V. PitOCTOU.