Star.
London, England, 1806-06-06 00:00:00

Lair INTELLIGENCE.
•
• • • VOMIT sir ILINCes BENCH, JUNE 4. •
' ' • • ' 111111,10VMM V. MITTAU.
This 'was an 'adios brought to recover back the
price of two geldings, fold by the Defendant to the
Plaintiff.
Mr. Omen., in Rating the cafe on the part of the
Plaintiff, obferved, that his client, being a gentleman '
of fortune, refiding at Windfor, and fhortly going .to
be mar-ied, applied, in January laft, to the Defen-
dont, who was a boric dealer, in Picerdilly, for two
Ready carriage hales. Two geldings were accor-
dingly provided for him, for which he was to pay 175
guineas ; they were engaged to draw Ready, and. al-
though one of them had a cold on him at the time,
yet both were warranted found. Upon trial, how-
ever, it turned out that the one free from cold was fo
fidgetty in harpers. the Plaintiff was obliged to fend
him back, and defired to have annthcr in his place,
which was accordingly provided, the Plaintiff agree-
ing to pay se guineas more ; the Defendant accom-
panying the bargain with thefe expreffions—w That
boric will make you amends for all the trouble and
• e :pence you have been at ;" purporting thereby, that
the new purchafe was warranted Ready in hands.—
It, however, turned nut, that this fecond horfe was no
better, or rather worfe, than the bra ; when he was
required to advance, he flood flock ; but when
he did proceed, he made a full flop at every corner ;
flinging himfelf about in every direction, turning to
' the-left when led to the right, and frequently throw-
ing himfelf on the ground, with loch violence, as in
one inßance to break his knees. After repeated cape.
riments, the fame scene was ailed over again; and.
in (hart, it was wholly impoffible to make ufe of him
as a carriage hare, without the tint of a broken neck.
It might be let up as a defence, that, at an antece-
dent period, this bode had been Ready in harnefs,
and moll refpedable witneffes might be examined up-
on this point ; but the Learned Counfel recollected
a Rmilar cafe, not long ago, when Lord Henry Petty
gave evidence of the lleadinefs of the horfe then in
queßion, according to his Lordfltip's ebrervation, in
the mule of his daily drive from Hampflead to Lon-
don and back. He did not fuppofe the hare was
eonrcious of having the honour of drawing the Chan-
cellor of the Exchequer, but, in fa& he turned out
to be fo vicious and naked'', he could be neither led
or driven ; this frequently occurred. The other
boric in queftion, he fhould prove, had a 'very bad
cold at the time of the fele and warranty, which, loon
after, notwithftanding the ball treatment imaginable,
became a confirmed glanders. Frequent applications
were made to the Defendant, to take back the holes,
but to no purpofe, thefiek one being then f bad, he
could not be removed with fafety.
There fads being made out in evidence—
•On the part of the Defendant, Sir Stephen Glynn,
who formerly poffelfed the bare, and fevers' other
witnetes, were called to prove hie Acadia(' in har-
mers ; but on the evidence of Sir Stephen's coachman,
it came oat, that (portly before he parted with him,
be had been nicked in the tail, and could not bear the
crupper. It alto appeared in evidence, as to the lick
haft, that at one time he was not robed, but that he
might have been returned to the Defendant in town,
and was not; but, on the contrary, was kept to the
prefent day by the Plaintiff; and in a rubrequent con.
verfation between the parties, the Plaintiff obferved
that the Defendant ought to give him one in the
place of it, thereby implying, that he felt hintrelf
bound to keep the hare after -fo long a delay.
Lord Etsamaciaouan, in addrefEng the Jury, ob-
ferved, that if they confidered thefe words to imply I
an adoption of the pareffion by the Plaintiff, he was 1
bound to keep the horfe, and they would find da. '
mega awry the Cum paid for him ; and if they con.
fidered the expreffions of the Defendant, sr that bottle 1
will make you amends for your trouble and expence,"
to imply-a warranty, that he was Ready in learners,
they fhould, on that part of the cafe, find for the •
Plaintiff.
The Jury, after Come confideration, found a ',rev
did of 101. 12s. 6d. for the Plaintiff, thereby leay.
' log him in poffeflion of the lick boric.
'UV! s.—CLOalel v. SRAM
This was an action of afraolt and fare imprifon-
ment ; and the fads detailed in evidence, proved it
to be of a very aggravated nature. The plaintiff is
a regrettable tradefman, an upholfterer, of so years
Rending, in Moorfields, and the defendant is an
eminent weaver, refiding in Gutter-lane, Cheapfide.
It appeared, that the plaintiff was palling through
one of the Rivets in the neighbourhood of Cheap-
fide, and few the defendant endeavouring to feeure
a lad, whom the plaintifimagined had given him Come
offence. The boy called out !unity, and the plaintiff
interfered in his behalf, as far as entreaties went.—
Upon this, the defendant withdrew his attentions
from the boy, and directed them excluftvely to the
plaintiff, ufing. very opprobrious language. The al-
tercation continued for Come time, as the parties
walked on, and, at laR, the defendant exclaimed,
if a coalable was at hand I would give charge of
you. A perfon !landing at a door obferved, that he
was a conaable, and if the party had done any thing
wrong he would take him in charge. The plaintiff
cautioned the defendant to refit& on what he was
doing, or he might repent of his conduit when it
was too late. The defendant was refolute, and hav-
ing detained the plaintiff in the area while the eon-
liable put on his boots' he at lag gave the plaintiff in
charge, (Waving at the Lane time, that if the con-
liable would call upon him in the King's name to
aid and affill, he would go with the party to the
Compter. The eonftable did In, and the defendant
collared the plaintiff, and dragged him along Cheap-
fide In the Poultry Compeer. In their way thither,
• the defendant met his folieitor, and having raid a
few words to him, the plaintiff being Rill detained a
prifoner, they continued their way to the gaol.—
When the parties arrived at the paper, the defendant
charged the plaintiff with being a fwindler, and an
entry was made to that died. It was in vain the
plaintiff infitled upon his refpedability, and caution-
ed the defendant as to what he was doing. No at-
tention was paid, and he was left in cuftody of the
Keeper. The plaintiff then fent for his friends, a
Gentleman from the India Houle, and others, of re-
pute. 'rhere immediately waited upon the defen-
dant, at his bottle in Gutter-lane, urged the plain-
tiff's refpettability, and the probable miftake the de--
fendant laboured under ; addilig, that the plaintiff