Star.
London, England, 1807-05-14 00:00:00

LAW INTELLIGH2vCE.

COURT OF ICING'S BENCH, MAY 12.
BIRCH AND CO. V. WILSON.
This was an altion againfi the Defendant upon a
bill of exchange, drawn by William Sharpe upon the
Defendant, accepted by him, and indorfed by Sharpe
to 1)elvalley; from whom it came into the hands of
the Plaintiffs.
The ATTORNEY GENERAL faid, that be could not
conjedute what defence was to be let up to this
action ; he, however, imagined, that tome oppofition
was to be made, as he held in his hand a letter from
Mr. Wilton to the Plaintiffs, in which he laid, that
he had been informed by Joanna Southgate, who
was vifited by the Almighty Gov, that he had a
good defence to the fuit.
After the witneffes neceffary to efiablifh the vari-
ous hand writings had been called.
Mr. GARIIOW, for the Defendant, laid, that the
numerous caufes in which he had been engaged, in
his profeffianal duties, bad made him acquainted
with many charaders. On the prefent occatien,
however, a new perfonage had been prefented to the
Court, who, under pretence of prophecy, had prefumed
to blafpheme the name of Goo. That what the had
Hated was, however, true, the Jury would prefently
perceive, when it &mild be proved before them, that
the original formation.of this hill there was grofs
ufury. The Defendant, Mr. Wilton, a tralefmant
was in want of money, and was tempted by adver.
tifements in the daily prints, to apply to one of thole
fenes of infamy, either in the Old Bailey, Cavendith•
(spare Norton-Itreet, or Ludgate Hill. At the for-
mer place Mr. Wilton was introduced to a man of
matt fafcinating manners, but whole character was
well known (Mr John King) by whom his exigencies
were (applied, not at the old regular rate of 51. per
cent. per annum, but at 51. per cent. per month, be-
tides a premium to Mr. King for (lamps and trouble,
of 11. per month. Among other perfons introduced
by the Defendant to the per fon who had thus accom-
modated him, was a Mr. Sharpe and a Major Eyre,
to whom money was lent upon the apparently eafy
terms of tot. per cent. betides the ufual premium. To
Phew the confidence that was repofed by the parties
w both tides, the Learned Counfel read a letter from
Mr. King, addreffed to Win. Sharpe, Efq. It was
in thefe terms
" DEAR FRIEND,
" I would not call you by that name, if I did not deem it right.
I had the r5Ol. bill in my pocket yefterday,as I had engaged to do,
apd if you had not vanifhed like a fpirit, you would have had it.
" I am glad you mean to collet in your debts, for it is grievous
that you mould ralfi money at a thoufand per cent. white others
are enjoying what belongs to you. lam obliged to hunt out
boufes ; I cannot do without them ; but I take them for a very
tort time, for I fufped what is at band--Oon's will be done !
" I am glad you are fettling about the loan. Do not think about
my commit:Son, but your own extrication. I want aid more than
Eyre or you do, and yet I feel more for your inconvenience than
my own. Ido not like cards as much as rational converfation, but
that cannot be enjoyed without proper porous and proper feafons ;
and yet cards, or any other enjoyment, however trifling. is a relaxa.
lion to the mind which enables it to undergo its labour. afterwards.
4. It Is not Improbable you gave me the al. I left the reckoning
to you, and am ignorant which of us is the cheat. If you do not
call on me to day (than call on you, for I will never be long fepa-
rate from you. Why did you not let me know you Groner
" Your's, tee. /• WING"
The Learned Counfel concluded by Wei ving that
Mr. King had expreffed his diflle to cards. Perhaps
that Gentleman might be as ignorant of them as he
was, but (till he had learnt fufficient to know a King
and a Knave, and he thought that the Defendant had
been taught fuch a leffon as would lead him in future
not to vifit Inch haunts of infamy and difgrace.
Upon calling the witneffes, Lord ELLENBOROUGN
was of opinion, that the original bill, for which the
prefent appeared to be a tubiiitute, ss as not Cut%•
ciently eflablithed, and a verdid was found for the
Plaintiffs—Damages 651.
stst.sow V. RENNET, STUNT, AND KELLY.
This was an adion brought by the plaintiff; a
conflable of the night. of the parith of St. Leonard's,
Shc.reditch, for an affault.
The ATTORNEY GENERAL Clic!, that the defendants,
being intoxicated with wine, were proceeding through
the fireets at two o'clock in the morning, when the
Theatres nct being open, and all other places of pots•
lie amufement being doled, they determined to have
Tome (port by rowing the watch. For this purpofe,
the firft thing they proceeded to was to knock down
an old infirm guardian of the night, and then take
him to the watch.houfe to charge him with an of
fault. .But when they arrived there, the Conftable
was abfent, and they then entered into a long and
elequent harangue on the mifchiefs arifing from the
negled of public duty. After fume (hors fpaise, the
proper officer appeared, when they began abufing him
matt grofsly, and violently affaulted him.
Henry Shuttleworth, the watchman, who was firft
ill treated in the fireet, depofed, that the defendants
were all time of them ioxicated, and slifguifed in liquor.
The Contlable of the night was abfcnt from about
half paft ten o'clock, until tome time after the de
fendants came to the watch-houfe.. He was gone
home to his (upper.
Lord Era. emaortouart advifed, as the abfence of
the Connable was an indiaable offence, and as the
Jury, under all 4,sircumflances, would not be in-
clinable to give ht damages, that a Juror fhould
beewithdrawn.—Tlkhitecommendation was contented
to by the parties.

At4tY v. SMIIII, ESQ._
This was an aOion against Kinnaird Smith, Efq
late High Shei iff of the County of Surrey, for a falfe
return upon a writ of fieri facial.
Mr. PASKI, for the Plaintiff, Rated that his client,
Mrs. Elizabeth Amey, was a refpedable Milliner in
the neighbourhood of Weill:flintier, and had iffued
execution again( Mr. Samuel Glover for upwards of
801. for goods and wearing apparel, which the had
furnithed to his wife, one of the Ailreffet, belonging
to Covent Garden Theatre. At this time Mr. Glo-
ver was a debtor, refiding within the Rules of the
King's Bench Prifon, and the writ was delivered to
Grace and Long, two officers belonging to the She-
riff of Surrey ; when Grace went to execute it at
the hook which Mr. Glover inh..bited in Garden-
row, that Gentleman told him the goods belonged to
one Willa:inky, a broker in that neighbourhood ;
and the officer having alb° an execution again( the
vods of Wioßanley, at the fait of a Mr. Ro-
6infon, he Weed them, and they were fold under that
writ. The Learned Counkl laid, he &cold, however,
thew, beyond all difpute, that there had been a bona
tide Isle from Winttanky to Glover of thole goods,
previous to any execution Axed, and the objea of the

patty was to prevent his client front recovering a
jug and fair demand.
After fame evidence as to the iffuing the warrant
and return,
Upon the evidence of Mr. Winßealty it appeared,
that he had made an actual fate of the goods in quef
tion to Mr. Glover, who was to pay for them by in
Raiment: of one guinea and a half per week. He
denied, on his trots examination, that he ever told
the officee they were his, or belonged to Mr.Alcock,
his Aitorney.
On the part of the Defendant it was (worn, by
Grace, the officer, that when he went to feize the
goods, under the execution agaa.d( Mr. Glover, Win-
flanley was fent for, and declared at fiat they belong-
ed to him ; and afterwards Paid, they were given over
by him, by a bill of Pale, to his creditor, Mr.Alcock,
of the B rough.
Mr. Glover was called, and Rated, that being him-
Pelf a partner for debt, within the Rules of the
Bench, and dreading executions, he merely hired the
goods from Winftanley, upon there conditions : he
was to pay him at the rate of one guinea and a half
per week, by way of hire, and when the turn amount.
ed to fofficient to cover the value of the furniture, it
was then to be confidered as payment in full for them.
But Winftanley, negleaing to fend in all the furni-
ture, he difcontinued paying the inilalments, after a
few weeks.
Lord ELLENEOROUCH told the Jury, that the cafe
entirely depended upon the credibility of the wit-
neffes, and the probability of the fats, as Rated to
them. The queliion was merely, whether the goods
were the property of Winftanley, let out to hire to
Glover ? or whether it was an abfolute Pale to Gle.
ver, for which he was to pay according to the terms
before Rated ?
The Jury, after a Rion confultation, found a ver.
diEt for the Plaintiff of 611. cos. being the value of
the goods feized.

STVART V. EDGAR.
This was an aftion for an affault. The Plaintiff was
Reward on board a fhip called the Dover Celle, and
the Defendant fecond mate of the fame. It appeared
that the Defendant having reproved the Plaintiff for
not (hutting in the dead lights, which it was his bu-
finefs to do; an altercation enfued, and the former
pulhed the latter out of his cabin. The Plaintiff ex-
claimed, " I'll make you pay for this, Mr. Edgar;"
upon which the Defendant knocked him down, and
gave him a kick in the belly, which, he infifled, had
produced a rupture.—The Defendant called no wit-
neffe3, and the Jury gave the Plaintiff sol. damages.
MAY 13.—SOADGATE V. CLIPTON.
This action was brought by the plaintiff, a Clerk
in the houfe of Mars. Smith, Payne, Smith, and '
Co. to recover damages from the defendant, a Ser.
jeant at Mace, for atialrault and falfe imprifonment.
The ATTORNEY GENERAL kid, that the plaintiff
was indebted to a Mr. Allen, upon his promiffory
note, in the fum of tol. and, on the 24th of Otto.
her, in the year, he went to the houfe of Mr.
Nelfon, Attorney to Allen, and paid the debt, toge-
ther with the demand of 41. for coils, among which
was enumerated los. 6d. for the caption fee, al-
though the plaintiff had never been arrelled. On
the fubfequent morning, while Mr. Shadgate was at-
tending his duty in the counting•houfe of his employ.
ers, the defendant arrefled him for the fum of rot.
but faid he would let him go if he would pay 135.
Beft•re the plaintiff complied, he took the Officer to
Mr. Bacon, his Attorney ; where, after Tome alter-
cation, to avoid being conveyed to a Lock up houfe,
Mr. Shadgate paid the demand, taking cate, how-
ever, to enter his protefl againfi it as an extortion,
and procuring the Clerk of Mr. Bacon to put into
writing what palled, and the fail of his having before
paid for a caption. The Learned Counfel hoped that
the Tory would take into their confederation tke in.
I jury the plaintiff mull have received from fuch
difgraceful proceeding, in the bottle of his employers,
and milled, that, as his Learned Friend would call
no witneffes on the part of the defendant, but would
' merely addrefs them in an eloquent fpeech, the Jury
would nrt confider him as'upon oath, but give due
weight to the evidence to be adduced in fupport of
the plaintiff's cafe.
Two witneffes were then produced, who after prow
ing the general fafts, faid, that the Officer had aided
upon a miftake, not having been made acquainted,
that the debt had been previonfly paid.
As. Mr, GAIL° w was riling to lime the defendant's
cafe,

Loth ELLFNBOROUGII interpofed, and Paid, That
he did not think the Plaintiff could infia upon more
than the 13s. which he had wrongfully paid, as the
orders to the defendant to arrell the plaintiff had
never been countermanded. If Clipfon had known
that the debt was difcharged, and had afterwards
proceeded to extort more money, then, indeed, it
might have been a cafe which would call for very
ferious chtmages.—Verdie for the Plaintiff 13c.

CIRCUIT INTELLIGENCE, MAY 7.
The Circoit Court of Jußiciary was opened at
Glafgnw on Tuefday by the Right Hon. Lord Mae-
DOWBANK, and proceeded to the trial of Adam Cox,
accufed of the murder of his own child, by throwing
it into a clay hole near Tradeflown. The trial Wed
feveral hours, after which the jury were very ably
addteffed by Henry Cockburne, Efq. on the part of
the Crown, and by John Jardine, Efq. for the prifo-
ner. The Jury returned a verdict unanimously finding
the prifoner guilty. He was fentenced to be hanged,
on the toth of June, and his body to be given to the
Profs for of Anatomy, for diffeEtion.
Thomas Bbeitik, a foldier, accufed of an affault with
a bayonet, was next brought to the bar. After a fhort
trial, the Jury returned a verdin, finding the libel not
proven, upon which he was difmiffed from the bar.
Yefierday the Court proceeded to the trial of
Davie! Riad, an mile officer, :.t Greenock, accufed
of an affault upon D. Lannigan, a (muggier, and
fraCturing his &all with a cutlet's, without having
met with any provocation or refinance. The Jury
returned a verdiet, finding the pannel guilty. Sen-
tence two months imprifonmeen, and a fine of rd.
APLellan, accufed of nettling logwood from
she mays at Greenock. was &boiled from the bar,
the libel Oeinic found not proven.
.Rebert Ferree and Robert Craig, weavers in Peaky,
accufed of an affauk and murder, were difmiffed from
the bar, the libel being.found not proven.
Rawl Logs, accufed of (hop-breaking and theft,
sled Edward Slott, actufed of vitiating and altering a
Natter year's. receipt for houfe-dety, and thereby

Attempting to evade payment of lati t'eat's deny,
having both pleaded guilty, they were fentenced each
to fevers years ttanfportation beyond fens, under the
efual certifications.
There was no other criminal bufinefs before the
Court, and judgment was given in feveral appeals,
which finithes the Welton Circuit:

PARNERSIIIPS DISSOLVED.
Margaret Longhurit and Henry Nichols, diftillers„ Farnham, ,
Surrey. March I, 1807.
David Giks and Alexander Forreft, of Birmingham, common
brewers. May I, 407.
John Law, of Rochdale, and RobertßanibOttom, of Manehefter,
dyers. April 29, 1807.
Adam M'Cluruplea and Wm. Pickton, of Liverpool, joiners.—
April is, 1807.
John George Child and William Cordingley, of Leeds, York-
dike, merchants. Nov. I, 1807.
James Green and John Williams, of Bromfgrove, Worceffer-
&ire, coffin plate manufadturers and factors. March 25, 'So,.
Wm. Archer Aekinfon and George Tupham, Wakefield, York •
(hire, hat manufacturers. March 20, 5807.
Thos. Frith, and Samuel Redfern, of Sheffield, Yorkfhbe, car-
penters and builders. January 27, 1807.
Jofeph Makin, Bury, Lancathire, and Samuel Mafun, of Preft-
wich, cotton manufadiurers. January a. 5837.
George Hill, Jofeph Fuller and John Thurlion, of Tottenham-
court road, cabinet makers and uplioliterer.. April 14, 1807.
Samuel Sayre, Job Price and Lewis Bryant, of Bath, Somerfet-
sire, wine merchants and malefters. Jan. t, 'BO7.
Henry Richards and Thomas From: Hall, of
London, gun and (word manufailurers. 7•
John May and Thomas Mullon, of Nottingham, linen dripers.
April to, 1807.
John Clegg and John Ogden, of Lcavengreave, pat ifh of Roe!)•
dale, woollen manufadturers. May 4, iSoy.
Richd. Brazier Pope, J. H. llulf..y, and Thomas of
Chlchefter, linen draper. Feb. 15, 1307.
Sarah Leith and Cha-lutte Arculariu, of l'ottefitani,
fez. March 25, iBo7.
Homfray, Tappendens, and Birch, of Aberuint lr. a Works,
Glamorganfhird. Muck as, I ZO7.
Richard Conftantine, James Smith, and George Sn.i.l], all of
Sheflield,Yorkthire, Britannia metal man ufaCi tif yrs April av,tBo7
Thon,as Euuyan and Jolla, Joluifon, the y.,tinvs, of Ruyitou,
Hest+, feedfmcn and factors. May 4.1807. -
Thomas Peru), and Alt:antic'. Smith, of Liwrpiol, liquor
merchant.. April 30, 'Seq.
Robert Gould and James Broadbent, of Afhton-under•Lyne,
Lancalltire, reed-tinkers, Dec. 25, 1806.
Jofeph Paffard and Thomas Shoveller, of Portfmouth, bakers
and grocers. January 30,1807
William Phillips and William Fardon, of George• Yard, Leim •
bard-ftreet, London, printers, Itatinners, and Look fellers. April3,o.
Roger Albefon and Thomas Arden, of Salford, Lancaihire,
dyers. May 5, 11107.
William Cuff and Edward Harris, of Upper Smithfield, eh; efe
mongers. April 30, 1807.