Star.
London, England, 1802-12-17 00:00:00

LAW INTELLIGENBE.

COURT OF COMMON PLEAS, DEC. z 6.
titIOELLA p. DENYS.
The plaintiff is a merchant in the city, and the
defendant is a merchant and manufadurcr at Ti.
verton, in Deyonfltire.
This is one of the tianfaCtions in which Hatfield, 1
who is now under confinement on the charges of
icloay, forgery, and bigamy, was engaged pre-
vious to his abfconding in May hit.
About the clofe of the year rBot, he became
acquainted with Mr. Denys, of Tiverton, and ex-
prelfed a defire to enter into pArtnerfhin with him,
Mr. Denys ; and as Hatfield described himfelf to
be a perfon of good property, readily accepted the
propofal, and articles of cn.partnerlhip were ac-
cordingly drawn up between them.
Mr. Denys having formerly carried on bufin4fs
Stith a perfon of the name of Hngg, the Gazette
iminally announced that that partnerfhip was dif-
folYed, and, in future, that the firm would be De.
ays, Hatfield, and Denys • and it was agreed that
Hatfield thould pay the ion of 50001. on being

-admitted into the firm.
In December 18ot, Hatfield came to London,
and contracted an acquaintance with the plaintiff,
on whom he prevailed to transfer to him 50001.
in the three per Cent. Conf. IS, on the credit.of
Meas. Denys, of Tiverton, with whom the plain-
tiff had been in the habits of tranfaeling bofinefs.
For this fum he gave a voucher, acknowledging
to have received of Edward Nocella Efq. soocl.
Rock, payable with legal interea, at four per Cent.
on the principal furn of 3,5001. for Denys, Hat-

field, and Denys.
In the book of the Bank of England, this tranf-
feo flood in the name of John Hatfield, Efq. of
Wathfield, near Tiverton, in the county of Devon,
and on the 13th of February 18os, a letter from
Tiverton was addreffed to Meffrs. Dimfdale and
Co. bankers in London, on the bufinefs of the firm,
finned " Denys, Hatfield, and Denys," at the
bottom of which was a pOilfcript, defiring them to
fell the soca flock, and place it to the account
of the firm, rigged, " john Hatfield."
SerjeantSH unsex then role on the part of the
defendant. He Paid he never, in the courfe of the
exercife of his profeffion, felt more pain than he
now did, in feeling it his duty to make fevere
imputations on the conduct of the plaintiff. He
Paid, he had not the lead doubt but the plaintiff
had, like all the reit of mankind, who had any
dealings with Hatfield, been duped by his lupe-
rior addrefs and artifice ; none bad, perhaps, fuf.
fered more from that artful man than his clients,
the prefent defendants • but what he mug impure
to the plaintiff at a fault was, that when he found
hinsfelf duped by Hatfield (to whom he had given
confidence, not in any idea of a partner(hip, but
fromfrivae view: axdprivatemotives),thathe timid
all do fudden turn round upon his partners, the
relent defendants, of whom he certainly never
had thought, at•the time he advanced this (lock to
Hatfield. It had been partly proved by the crofs-
examination of the plaintiff's vritneffes, but would
be abundantly proved by the witneffes he fhould
produce, and by the letters of the plaintiff, that
there exilled a great degree of intimacy and ft ;end.
fitip between the plaintiff and Hatfield. The
plaintiff had lived for a confidcrable time as an
inmate in Hatfield's houfe, at Walhfield, in De-
sionlbire ;he paid his addreires to Hatfield's filer
in-law, Mifs Harriet Nation. He had the moil
eialtect opinion of Hatfield's genius, and was faf-
cinated by his addrefs ; Hatfield was, in fhorr, the
God of hi: idolatry, and he certainly expeered that
Hatfield's great abilities would forward his nwn
intereas in any fchetne of life that he might em-
bark in. Under tilde circemiltances, it was no-
thingr extraordinary that he (hould have lent his
friend, Hatfield, on his own credit, the flock
which was the fubjea of the prefent aElion ; and
it Wassmoll probable that lie bad lent, it exprefsly
!niche purpofe of being advanced by liatfield,as
Itla capital to the firm in which he had been:ft a
Oartner. If the Jury conceived this to be the cafe,
af was clearly no advance for which the partners
intild be liable. The partners might rofonably
have expelled Hatfield to contribute .his (hire to
the capital of the firm, and could .by no *scans'
gisers that the capital fi advanced' by him was
borrowed from Mr. Nucella, who would demand
it again from them. He %Gold prove by the let-
ters of the plaintiff, the friendfhip and high opi-
nion he entertained of Hatfield, and the 'great in-
timacy which fubfined between them, which made
it not improbable that he might have advanced
that money to Hatfield on his own private ac-
count: be fhould then, after ellablifhing the pro.
bability of the flock being lent on Hatfield's lepa•
rate credit, .comment upon the receipt which the
plaintiff had from Hatfield. It was as follows
" I, John Hatfield, acknowledge to have received
from Edward Miceli* 50001. dock, in the 3 pit.
Cent. Confolidated Annuities, which 1 promife to
replace within a year." After the word rear
there was interlined in Hatfield's hand-writing
66 with lea intereft ;" but after thofe words there
was Intel lined in Nucella's hant.writing, 66 at the
rate of arr Cent. on the original fern of 31soo1."
and to this receipt, fo interlined, there was finned
--"d"heila"-"f-2111111""lialfigh"1d'1 *n. i.,but

The mode in which this obfervation became im-
portant, was this :—lt would be proved that Nu-
cella had altered the receipt himfelf by an inter•
lineation, and that for a purpofe very evident ;
the words legal interdl, which Hatfield had inferted,
h . was afraid would deflroy the contra& on Ole
ground of ufury, asthe flock being only really worth
33701. at the time of the transfer, if he was to
agree to take legal intereft, which means five pet
c...nt. either on the firm of soool. or of 3sool. the
fuppoied value of the flock, the whole contra&
would he deemed ufurious. He therefore, to
avoid this, interlines the words at four per cent.
When this thould be fully proved, he conceived
the jury would then confider the plaintiff as alio
capable of adding to the fignatpre of Hatfield, the
names of Denys and Denys; and therefore if,
upon the inipedion of it, it appeared to be written
in a different celoured ink, he thought they might
fairly preform that this receipt was firft given by
Hatfield in his own name, and that when the
plaintiff learned that he had abfconded, he thought
of adding the names of the other partners, as well
as of interlining thefe ords, in order that the con-
tra& thould not be conlidered ufurious. He then
noticed the transfer of the flock being to Hat-
field only, and the letter to Mr. Barnard, to fell
it, being figned by Hatfield only : there circum-
ftances,he confeffed, would be flight, taken repa-
rately ; but, when united together, might, like the
bundle of flicks in the fable, be found impoffible to
break. He then mentioned the vircumflance of
the plaintiff writing to an attorney at Stockport, to
give him notice that he had fecurities on Hatfield's
eltates in Chelhire. If this was true, it would alfo
Chew that he looked to Hatfield's private &entity,
and not to that of the paltnerfhip.
A man of the name of Kray, who had been a
rervant of Hatfield's, (and to whom a great ar-
rear of wages was due) proved that the plaintiff
had been extremely intimate at Hatfield's houfe,
at Wafhfield, in Devonfhire, and that he had paid
a great deal of attention to a young lady of the',
family, who was a filter of Mrs. Hatfield. •
Mr. Cannon was well acquainted with the hand-
writing of Hatfield, and of The plaintiff, and prov-
ed the body of the receipt to be Hatfield's writ-
ing, and the interlineation at 4 per cent. to be the
plaintiff's ; he also proved the letters, which were
afterwards read,tobe in the plaintiff'shand writing.
The firft two letters, of the sth and 19th of
May, were to Hatfield ; that of the- 29th (when
Hatfield had ablconded) was to an attorney, for
the purpofe fated by Serjeant Shepherd. As the
letters to Hatfield were reading, there being a
great deal of mere private family bufinefs, which
had nothing to do with the caufe,
Lord ALVENLEY requefted the Counfel would
fele& the paffages that they thought material, as
he conceived it a dreadful thing that little family
fecrets, told in confidence, and interesting only to
friends, fhould be publifhed to the whole world,
by being read in evidence in a public Court of
Juftice.
The Counfel, complying with his Lordfhip's
recommendation, feleeted the following patfages
from the letters ; from the firft letter, which was
dated Exeter, sth May, 1802, and addreffed to
Hatfield, in London :
" The field (meaning at Wathfield) has not been laid down
with that expedition I could with. Our Gardener has been of
late bufy in planting a field of potatoes for himfelf, but I hope
we will loon get it into order."
This was read to prove the intimacy which fhb-
fined between the plaintiff and Hatfield.
From the fecond letter to Hatfield in London
the following extra& was read :
" Wallifidd, May 19.
" It gives me great pleafure to find you fo fonunate in your
affairs, and to learn from you that you have fucceeded fo well
with the Fie As& Cowpony. Indeed him* is due to your ta-
lents and Induftry. I confider you one se Dawes lirturtis fa-
vostrites, and if ever I am to be admitted into her Court,l think
it will be through your vjcsaite mod isdredellias."
The letter to Mr. Newton, an Attorney of Stock-
port, was then read. It cautioned him againft
mortgaging or difpofing of Mr. Hatfield's Efiata
in C hifiirty as the Plaintiff had fecurities upon them.
Serjeant Coca s 1., in reply, laid, that his learned
fiend (Serjeant Shepherd) had defcribed his de-
fence forne whit too favourably, when he compared
it to the attempt of binding into a ftrong and good
bundle of wood, a parcel of rot/ea./lids ; this was
fomething worfe, it was an attempt out of a num-
ber of nothine,aslo make a fomething. After re-
plying on all the different points of the cafe, be
detit ed the Jury, when they looked at the note ac-
knowledging the receipt of this flock, to my' at-
tention- to the word for," which preceded the
fignature of the partners' names. If it appeared
to them as it did to him, to have been written at
the lime time, and in the fame hand-writing with
the body of the note, he could have no doubt of
their verdict.
Lord ALVANLEY told the Jury, that the queftion
might be brought to a fingle point, whether, after
all 'the evidence and obfervations they had heard,
i and upon their nfpatioo of the note, they believ•
ed it firft to have been figned by Hatfield for him-
felf only, and that the names of the partners and
the word 4, for" had been afterwards added by the
Plaintiff, or whether they believed that Hatfield
had really given this receipt in the name Of the
partners and on the credit of the partnerfhip ; their
verdi& molt therefore depend on their opinion as
to that f.l&.—As to the other point in the cafe re-
f-petting ufurious intereft; he mutt obferve, that
upon the loan of flock, more intereft ii demanded
than the legal intereft of what money the flock
would fell for at the time, it would be ufnrious ;
for inflance, if for flock really worth but 3sool.
any perfon fhould demand a legal intereft on its
nominal value soool. filch a contra& would be
nfurious : but in this cafe, the Jury muff determine
whether there was any looking to an ufso ious pro-
fit? for his part he thought the note might very na-
turally be coati-tied fuck intereft as the Plaintiff
lhoold be kgal& entitled to. In Interlining the words,
•' at four per cent." the Plaintiff had certainly done
very wt ong, and it was the wort part of his cafe ;
but (till the Jury mull form their judgment, as they.
conceived the'note• originally flood.—Verdie for
Plaintiff. .
~..;.a

c •

.

ZROSTATIO,V.

CONSTANTINOPLE, OCTOBER 25.—We have been
gratified here With the afcenfion of a balloon. The
GRAND SF IG Nt t having heard of repeated expe-
ments of this kind in different parts of Europe, fen:
for two Englilhmen, a Mr. DAILY and Mr. DLvIC
NIA, an artift and member of the Mathematical
Society of London, and engaged them to make one.
A balloon of eight feet diameter was filled and let
off in his prefcnce, to hi, complete fatisfaaion. Hr
could not comprehend what was meant by hydro
gen gas, but being told it was a kind of fpirit, was
feitisfied, and ordered them to make a public expe-
riment on a largz fcale. • On the .clay appointed,
(7th Oaober} an immenfe concourfe of people,
filch as no Turk had ever feen befbre, fuppofed
from 25 to 30,000, were affembled in the beautiful
valley of Dalmaback. The women were all arrang-
ed on one fide, having their heads and faces, ex-
cept their eyes, covered with muffin, and the men
on the other. The variety of brilliant colours which
compofed their dreffes and turbans, made a moll
lively and beautiful difplay in this immenfe amphi-
theatre. The GRAND SEIGNIOR entered the valley
in great Rate, attended by all the nobility and two
or three hundred flaves, drefred in white, furroun-
ded by a numerous guard. The CAPTAIN PACHA
alfo came in great Rate, attended by fixty Mame-
lukes en Arabian horfes, and took his place oppo
fite to that of the GRAND SEIGNIOR. Lord ELGIN
and all the foreign Ambafradors were alfo prefent.
The balloon was of red filk, ornamented with
crefcents and liars in differentsoloured foils, which
had a tnoft brilliant appearance, in the rays of the
Sun. It was fifteen feet in diameter, and filled in
thirty-nine minutes, and at half .paft 12 afcended
majeftically amidft an univerfal shout of Ala, Ala.
It remained in the air twenty hours, during which
time it mired the Sea of Marmora, and fell in
Afia. The wafts received handfome prefents in
money, befides all their expences, from the GRAND
SEIGNIOR and the CAPTAIN PACHA : by the latter
they were each of them alfo prefented with a rich
fur pelifre. They are now preparing one of a larger
diameter, with which they mean to afcend. The
ignorance of the Turks was very apparent on this
oecafion : when the balloon was nearly filled, the
cord by which it bad been fufpended was cut, and
a breeze (prong up which caufed it to incline to-
wards the GRAND SEIGNIOR, and afterwards on
the recoil towards the CAPTAIN PACHA-..—this they
took to be an intended Mute to thofe perfonages.
When it afcended, fome alked when it would come
back ? others how many hundred weight it was ?
fome thought athoufand pounds ! Their jealottfy
was alfo great ; for they contrived to introduce
two Turks into the kround half an hour before
the afcent, in order to perfuade the people they
had a hand in it, and for their dexterity in gaping
at it, they were fuffered to touch part of the pre-
fents given on the occafion.

We underfland the fcite of the Albion Mills is
at laft difpofed of. Mr. Qyiacay, of Southwark,
is the pnrchafer.
A RSMARICABLE HARE HUNT.--Monday fe'n-
night a hare was found by the harriers of. Mr.
W:octast BRAUCHAMr, of Chobham, and Mr.
,JOHN COLLYSR. of Horfell, Surrey, near the feat
of Sir RICHARD Otis Low, Bart. in the parith of
Chertfey. She went off in a ftyle that teem-
ed to bid defiance Ito her purfuers, taking over
the Common towards the feat of Sir WILLIAM
AIDY, Baronet, which the pallid a little to
the left, bending her courfe to the King's
Beech Hill. Leaving the Beeches on the right,
The took the diredion of Swinley Lodge, from
thence over the Borough Hills near Brack-
nall, which the pallid on the left, and went
through a Gentleman's Park, pointing to Warfield
church, from thence to a Gentleman's farm,
called Hawthorn Clore, at which place the was
killed by her weary purfuers, after a run of three
hours almoft without a check, and at a diftance of
nearly is miles, exclufive of heads and doubles.—
She was much larger than common hares, and is
fuppofed to be the fame which for two years pall
bid defiance to the bunters, courfers, and poachers
of the neighbourhood.
We copy the following article from an Edin-
burgh Paper—it is an scrod of a letter figned
Civu:—

While 1 wis at Smyrna there was a girl afflided with a
cancer in her lips, and the gum was affected. The European
phyficians conflated bn the meafure to be taken, and agreed that
they faw no other method than to cut it out; and the girl bad
already fubmitted herfelf to that decifion. By an accident of
that nature which men cannot account for, an old Armenian
came to them juft in time to prevent the application of the knife.'
" Do nothing," Paid the Armenian, " 1 will cure her;" and
when he had pledged himfdf strongly, the Phyficians confentcd.
—He procured a copperoreffel, newly tinned in the infide (an
effential eireumitance), and having poured a certain quantity
of *lies oil into it, he made it boil over a (mall fire, fufficient to
peep it gently agitatedrand fo fur throe inner in twonty-flur Lours.
With this the oil refolved itfeif to the confiltency of an oint-
ment, and, by conftantly rubbing the part affedked, he cured
l'er in foOrteen days.—Nothing elf* was dens.
" The Phyficians fuppofed that the oil received its virtue
from the tin, and that it was communicated by its long boiling
over the fire."

Diforders that proceed either from an impure
Rate of the blood, or a relaxed Rate of the nerves,
having, in innumerable inflances, fubfided by a
courfe of SPILSBURY% Antifcorbutic Drops, too
much cannot be Laid in praife of that invaluable
preparation. This unparalleled fuccefs, in the
molt complicated cafes, has eltabli flied its celebrity
throughout the urtiverfe ; indeed, where is it porn-
ble to obtain fuel' a rellorer of the contlitution and
infallible cure of the Scurvy, Gout, Rheumatifm,
Evil, Leprofy, and a variety of other complaints,
too generally incident to human nature ? Thefe
Drops are fold in bottles of ss. and 6d. los. and
11. as. each, with a black Ramp affixed to each hot
tle, by the following venders in London : F. New-
bery, 45, St. Paul's ; Dicey and Sutton, Bow
Church-yard ; E. Newhery, corner of St. Paul's ;
Wray, Birchin-lane; Bolton, Royal Exchange ;
lto
Evanls and. Co. Long-lane
.: ; Barclay, Fleet-market;
Bacon, Oxford-flreer ; Ward, Holborn ; Bayley,
Cockfpur-ltreet ; Swinney, Pall Mall ; Wallh and
•Cnckel, Strand; Sharp and Co. Bilhopfgate-ateet;
Clark, Na. :69i -andli. Shaw,• No. 74, Borough,
.. ..a.. Tlienonilarv- Net- a e_. Vhda,

MTH&
in Dublin, the Lady of Captain Harman, of a fan. •
On the Bth loft. at Tunbridge Wells, t!,c Lady of Richard
Dawkins, /EN of a daughter.
On the t ith ihft. Mrs. Whitefoord, wife of Catch WLita
foord, Efq. of the Adelphi, of a daughter.
On the Loth ult. at tockholtn, the Lally ~f Baron Oxtr.ti:r.
la, his Swedith Majefty's Envoy Extract(' nary and ,Nrlititer
Pknipotentiary at the Court of Dvntnark, of a fon.
Mrs. Colonel Grant, of Acharnick, the 9th jolt Achuuick,
of a daughter.