Star.
London, England, 1802-05-21 00:00:00

COURT OF KING'S BENCH, MAY zo.

In an aaion brought againft a Gentleman who
bad loft his pocket book, and had publifhed• a
hand-ball, fay i ng—that whoever produced it thould
receive a reward without being alkcd any quef-
tions, leave was given to compound the penalty of
Sol. for 301. The fame leave was given in an
saion brought againft the printer of the hand-bill.

I/ATICLIP OF THE PEACE.
Mrs. Riddle, a few days ago, having exhibited
Articles of the Peace again& her hufband, Captain
Alex. Riddle, to-clay that Gentleman appeared in
Court, and gave bail for his good and peaceable
b:liaviour towards his wife ; himfelf in the fum of
4001. and his bail in soot each.

THE KING V. lETZ.
The had been indiaed under the late
AZI, for having certain naval Rores in his poffef-
fion. The Jury found him guilty under the fla-
tute of William, by finding there ftores were more
than one third worn. The defendant is a failor,
h td been in jail for fix mouths, and was ordered to
be whipped 150 yards over Tower-hill, and then
difchargel

TIELDFR AND NURCIOTNE 11. JOAN RING, PK::
The defendant in this cafe, Mr. John King, had
obtained a rule to thew why proceedings fhould
not be Rayed, and the bond on which the action is
brought thonld not be delivered up to be cancelled
upon all films due being paid? He had !worn that,
the plaintiffs were his attornies, that through their'
negligence he had 101 l above t gooL and that be,
had been obliged to execute this bond before any
bill had been delivered in of fees and dilburfements.
Caufe was now (hewn again it the rule upon an af-
• ffdavit denying thefe charges, and containing a
copy of a bill which had been delivered in and
aaually figned by the defendant himfelf.—Rule
dikharged with culls.

TAM:WHEREON V. LEE.
This was an argument on a motion that had
been made for a new trial of this canfe, which had
been determined at Guildhall, for the plaintiff.
The plaintiff had bought from the defendant a
quantity of hops, which were to be delivered ac.
cording to fample. From the Judge's report of the
evidence upon the trial, it appeared that the hops
had been .watered (a difhonefi praltice, which
makes them .„ceigh more but fpoil Coon) and thatl
the tair. r.. "'ras tost fame as the bulk ; but that be,
it. -4 a (mall quantity a:4 expofed to the air, it apy
prated well, while the 1g.11',0 quantity, which was
lefs expofed to the air, h'eat::i. and became us.
merchantable. The Jury, under &mai= of
the judge who tried the caufe, found ti.:"i the goods
were delivered according to (ample, but u`..at they
were namerchantable as to their quality; :Itey
therefore gave a verdia fur the plaintiff Tot the
value--; 271.
On behalf of the verdia it was argued, that
" a (Mild price implies a warranty of ;mind and
f arable mercitandife ;" and that the merchandife in
this cafe was abfolntely unfakable, baiting been
spoiled by this fraudulent watering.
Againit the verdia it was contended, that the
dnartite ft a found price implying a warranty was
altogether wrong; that the general principle of the
law in fuch cafes, is, Caveat Erepyri the buyer,
if he has a fair opportunity of exams:tins the goods,
tat& either rely on his own judgment, or that of
his friends; or, if be does not chute to do that, he I
mull ;atilt an a warranty. This was a general rule,
which would apply to all manner of commodities
fold, w!!en no fraud appeared in the feller. When
fraud appeared in the feller, it altered the cafe ; but
in this cafe it was not fuggeled that the defendant
knew any thing of the hops being to watered ; he
had bought them from another perfon, and had.
fold them as he had bought them.
The Judges gave their opinionsfeparately ; and,:
after Rating that it was of great eonfequenee that.
the rule 0 ld perfectly fettled, gave it as their
opioon, that abed any article which was fold was

fairly expoceil to the buyer, the buyer takes ;t at
his own riik, 'mita he requires a fpecial warranty;
or can prove fraud in the feller. A new trial was
therefore grained.
- -

THi KING V. BALDOCIL
This defendant was tried and convi‘Red • &fore
Mr. Baron Ho rHARt. at the laft Affixes at Maid
(tone. The indiament Rated, that he had contrac-
ted to terve the Marius Barracks at Chatham with
certain loads of bred, made of good merchant-
able l3riti(h or Foreign Flour, whereas he had
mixed it up with divers noxious and unwholefome
materials. _ .

Mr. SeKjeant Brrr, in arrefl of judgment, &b-
-asked that this charge was alledged in terms too
general in an indiament. The charge, in all cafes,
ought to be made with Inch a degree of precition
that the Court may know what judgment to pats,
and that the defendant may be informed what he
has to anfwer. _ .

Mr. Junice Gaon ailed the Learned Serjeant
if he had looked into the precedents ? The anfwer
was, that he had only teen one precedent, in which
it was Rated that the bread was mixed np with
noxious and tiuwholeforne materials, and (peel&
ei dirt.
Mr. Jake Gaost olgerved, that one precedent
fpecified a Dead mock.
Lord ELLEN BOROUGH obferVed, that forte pFr-
fons were lately brought into the Exchequer for
fome notions ingredients that had been put into
Beer, but nob3dy /anew with certainty what thefe
ingredients were, though they knew the etre& of
them. It tvas fuppofed to be pepper from the
Prince of Wales's Bland. They knew the effea of
it was bad ; when put into the mouth it burned it.
But no one could predicate of it with certainty what
it was, and from whence it came. Dirt is not car-
rying it farther. Dirt is the genus getaTalgmum of
all impure.
Mr. Serjeant BEST Paid, they could have found
out what thefe noxious materials were anali zing
the bread. In an indiament for poifoning, Lord
HALE flys the kind of poifoning malt be Rated in
the indiament. _ _ _

Mr. Juftice GROSE obferved, that in an India.
ment for murder, you muft Gate the inftrument,
becaufe it is forfeited ; and you mutt alfo Rate the
particular mode of the death.
The Court was of opinion, that the charge in
this cafe was Rated in the indiament with a rea
fonable certainty.
Mr. Jullice LE Btxmc read the Learned Judge's
Report, from which it appeared, that the noxious
materials in this cafe were pieces of chalk, as large
as a hazle nut. _ _ _ _ _

After Mr. Serjeant Bear and Mr. PyrcAIRN had
been heard in mitigation of punifhment, and Mr.
GAaaow on the part of the Crown, the defendant
was ordered to be committed to the King's Bench,
and to be brought up on Monday to receive the
judgment of the Court.

A letter from Lerwick of the 234 ult. rays, Mr.
Robert Jack, his fervent, and four men, in com.
ing from Bardifter to Burravoe, in a boat, were
all unfortunately 1011.
Laft Friday evening, as an Officer who had
ferved in Egypt was travelling in the Manchefter
Telegraph Coach to London, he was taken very ill
jnft before the coach arrived at the town of Wo-
burn, in Bedfordthire ; he got out at the George
Inn in that town, and died in a few minutes ; he
had no pocket book, watch, or papers to lead to a
difcovery who he was, and the only means of tracing
his conneOion was a letter which he had in his
pocket, direited to a Gentleman in London—he
had only a few fhillings in his pocket.
An accident happened yefterday to the phaeton
and four bay horfes of Sir Watkin Williams Wynne,
in Hyde Park. Between three and four o'clock
the coachman was mounting the phaeton, in Hyde
Park, at the Piccadilly corner, with the defign of
keeping the horfes in exercife till Sir Watkin came.
Juft as he had his foot on the ftep, and took hold
of the reins, the fiat boric: moved gently on ;
but the pole ftriking one of the fore-horfes, both
of which remained Rill, under the tail, it took
fright, and fet off full gallop. The other horfes,
as nfual, joined it, and they ran at full (peed to-
wards Park-lane. The coachman not only brad
,not gained his feat, but he had not gained proper
polictiton of the reins, fo that he could not flop
-them. He called to the groom on horfeback, but
he was not expert enough to flop them. The
four horfes ran away with the phaeton full !peed,
keeping their own fide of the road, till they had
nearly reached the Stanhope-ftreet gate, when
they overtook the chariot of Mrs. Bentheim, going
(lowly the fame way, and on the fame fide. The
fore-horfes did not loon enough endeavour to pafs
thechariot. and they led the tha&horfes full up upon
it. The Iltaft-horfes running at (peed, one of the
bind liandards of Mrs. Bentheim's chariot entered
the breaft of one of them, and funk feveral inches
deep. 'The hind ftandard was broken off, and
Moody, and the whole carriage received a dread-
ful (hock ; a great part of the harries, Br.g. was
&woken, the chariot driven upon one of its own
horfc,, and cut its legs, the coachman was nearly
thrown off his box, and Mrs. Bentheim, an elderly
Lady, in the chariot, of courfe terribly alarmed.
Gi the phacr-in boric., the one into which the
hind ftandard entered fell ; it was afterwards led
away, though it is not probable it can live ; the
other (haft boric flood ; one of the fore-horfes
broke from the reins, but in palling between Mrs.
Bentheim's chariot and the rails, it was (topped ;
the other broke from the reins alfo, and ran away
at full timed on the outride of Mrs. Bentheim's
carriage. The phaeton was dallied up againft the
rails, the off fore-wheel broke to pieces, and the
phaeton came to the ground. The coachman was
thrown out, or rather, we believe, he threw him.
(elf off, and the wheel was within an inch of going
over his head. The accident loon colleZted a crowd
(of carriages, borkmen, and foot patlingers. Sir
Watkin hind& arrived on horfeback with force
friends, within twenty minutes after it happened.
It was foi tu to that no farther mifchicf was done,
as, at the ti the horfer ran away, the road was
fullof horfem n and carriages,_ and the progrefs
„f the.horfes as fofwift that no one was epprifed
of their app ch.

- • invlnt
Jwit t. I:award Heathy Noble. of Birwlnthen. 1,11". h. ut,
four, at-the Kicerva l'avon, Birmingham.
June v. John %Veils, latr of Illowpool, merchant, at elev.n,
the Globe Tavern, Liverpool
June 1. GeOrge (irayron, tact of Minh (231fe., Vurithire, o -et
"drawl., %Into and eltaputan, It darn, at the hour;
of li+ru.rt:
Cook, innlinkh. r, South Cave.
June 2. Searbrow, of St. Nee% thmtingdon,Bare
baker, at teo„ at the Fouta.tin Inn, lluntingdon. •
June 4. Wigton I.vngl4, late of Great Yarmouth, Norfolk
linen and witotiva-I,.tper, at cloven, at the Cue and Pyt
Inn, Wondwidg-. Sufrolk.
m 4. it nbrp :Action, of ISlnninthant. .'" avOcr
kmkma.
Chip/nail, Ogyftll, Hiles tilaw' and bre.sii jun. in T 14.-

BIRTHS.
On Sunday, in Gower-ltreet, the Lady of John Purcell, Efq.
of a daughter.
Monday, at his haute, In Mancheller-fquare, the I.ady of T.
Wheci.r Milner, Isfq. of a fun.
On the Eth irlt, iu Conduit-Rivet, Lady Frances Mu-ton.
of .1 fan and bar.

MARRIED.
On the nth inftant, at Temple Suwerhy, in Wellrnorelond,
Edward Efq. of Appleby, to Mifs Mary Atkinfon, of
Tempi,. Sim erby.
Lail week, at Mary-la-Bonne Church, Jufeph Warner, Efq.
of Sloane-nil:et, to Mifs Hoadley Afhe.
Laft seta, at Northflect, Samuel Elyard, Efq. of tqr•at St.
Helm's, to Mifs Crockett, only daughter (tithe Rev. S. Crockett,
of Not-drat:et.
Mnnday, at Soraffham, Norfolk, John Stevens, Efq. of the
Honourable F.aft India Company's Service, to Mifs Aisne Ned-
fon, daughter of Matthew Nclfon, EN. of Helme, Norfolk.
. On Tuefilay loft, at Mary-la-Bonne Church, G. A. Legh
Keck, Efq. M. P. fur Leicefferfttire, to Mifs Atherton, feeond
daughter of the late R. V. Atherton, Elq. of Atherton, in the
County of [Amato: