Star.
London, England, 1809-06-27 00:00:00

JUNE 26 -STANBOROUGH V. PARNELL.

This cause consumed a considerable portion of the day—anti
the only question it contained was, whether the Plaintiff had paid
a sum of 2001. which formed an item in an account between the
parties. The Defendant eras a brewer at Isleworth, who was in
the habit of continually placing cash with his neighbour, the Plain
tiff, and drawing upon him as his banker. In the couri,, 4 these
dealings, the servant of the Defendant discovered, at Christmas,
1807, that there was 2001. mistake in his accounts ; and in going
over the accounts again, he thought he discovered 2001. which
had been entered as received from the Plaintiff, but which in his
opinion he had never received. On the other side, the two Sons
of the I'laintiff most distinctly proved the payment of the money
on the day stated in the account, and which cne of them ixed
accurately from the circumstance of its being the day on which
the Volunteer corps to which he belonged received their colours.
—The" Jury found a Verdict for the Plaintiff.

COURT OF COMMON PLEAS, JUNE 26.
POLLEY W. CARR..
The plaintiff, an upholsterer in New Bcin&street, brought his
ac ion against the defendant, a Lady, to recover £26, for furnitttre.
The defence was a plea of coverture. The articles had been sup-
plied to the defendant as Miss Carr, but on the present occasion
it appeared, that she had been married to Mr. S. parr, at Mary -
la-bonne Church, in 1793. The plaintiff was non-suited.
SALE OP HORSES.
Sir hairs MANSFIELD noticed a cause, tried a short time since
in this Court, in which it appeared, by evidence, that a paper had
been posted at Aldridge's Repository, stating, that the warranty
of any horse sold by auction would not last longer than two days.
He considyred a warranty of two days a delusion, as it was lin•
possible to discover certain disorders in a horse in less time than
a month. He mentioned the circumstance in order that the pub-
lic might avoid buying a horse under such warranty.
GAMBLINO.—SHERSIAN V. TAYLOR.
This was an action brought by Mrs. Sherman, as executrix of
her husband, against the Defendant, Taylor, for a debt, originally
of £5O, hut of which £2O was admitted to have been paid.
Mr. Serjeant BEST, for the Plaintiff, produced evidence, which
proved that the Defendant bad offered to pay £9. i Ss. to stop.the
action. He also proved a demand having been made for the
whole sum.
Mr. Serjeant VAUGHAN, for the Defendant, contended, in the
first place, that this debt wa,s contracted on account of a gambling
transaction ; and, 2dly, that it had been paid. lie called George
Smith, who stated, that the deceased husband of the Plaintiff had
been concerned in the " Little Go," or Lottery insurance busi-
ness—that he himself, one Kelly, and the deceased Sherman, had
been partners in a gambling concern—that the debt in
_queition
had been contracted at a gambling house in Jermyn-street—that'
I he himself had lent it to the Defendant, who had lost all his own
money at play, and that when the accounts of the business were
wound up Sherman had engaged to take this debt as part of his
share. But as this was a loan from Sherman and Company, and
not a sum actually gained at play, it did not seem to the judge to
' be illegal.
Two witnesses, one of the name of Siller, and another of the
name of Butcher, spoke to the payment of the money, the one
swearing to the payment of 301. in Oxendon-street, the other to
the payment of 201. in Snow-hill, but, according to the testimony.
of Butcher, who swore to the payment last in point of timj, the
defendant then admitted the remainder of the .501. to be still due.
Sir JAMES MANSFIELD, on account of this contradiction in the
evidence of the defendant's witnesses, thought that it could not
be relied upon, but as the plaintiff had given an ackanwledgnsent
In evidence, be thought she ought to be confined to the sum ad.
mitred, and he accordingly directed a verdict to be given for 91.
I Es. subject to the opinion of the Court, however, whether the
action was well laid, without making Kelly and Smith, the other
partners in the concern, plaintilfa., yetdict for thulaintiff 91. 18s.
TRESPASS—PROPERTY TAXes4.7l9ob is.7IIOIILIAMS.
This was an action of trespass—the defends it having; as was
contended, illegally seized the plaintiff's goods, and sold them by
auction. The plaintiff was tenant to the defendant, at 20L a year. .
The last quarter's rent was tendered, deducting the property tax
for the whole year. The 4elendant refused this, and distrained
to the amount of 16L Is.
Mr. Serjeant BEST set uFtwo defences—first, That if the te•
nant was to deduct the property tax, he ought by the Act to have
done so at the several payments, and not to have deducted for
the whole year at the payment for the last quarter.—idly, That
the agreement of the defendant with his tenants was, that they
should pay 201. each, and pay the property tax, over and above,
which, he contended, was illegal.
Sir JAMES MANSFIELD did not think the first defence could be
sustained, and as to the second, there might be a doubt whether
under the words of the Act, the landlord had a power to mak!
an agreement with his tenants to pay him the whole of a rent
without deducting the property tax. He therefore directed a ver-
dict to be given for the plaintiff, subject to the opinion of the Court
upon the latter point. Verdict for the plaintiff 161. Is.
INJURIOUS WORDS.--FERREIRA-V. f:OOTE.
Mr. Serjeant RUNNINGTON stated this to be an action brought
by a Portuguese merchant, who had long been settled in England,
against the Defendant, a surgeon, for injurious words. The words
alledged to have been spoken were—" That the Plaintiff would
soon be in the Gazette." These words, the Learned Serjeant
contended, might have done considerable injury to the Plaintiff's
credit. As he was proceeding to state the case more particularly,
notice was given him that the parties had settled the business. A
I Juror was accordingly immediately withdrawn.

MIDDLESEX SESSIONS, JUNE 26.
The Indictment against Mr. Bond for writing a threatening
letter to Mr. Phillips, for the purpose of extorting money from
him, stood for trial at the present Middlesex Sessions. It has,
however, been removed into the Court of King's Bench by Cer•
tiorari.
• The prosecution against the Duke of Gordon, for an Assault,
with intent to commit a rape, has also been removed by Certiorari
into the Court of King's Bench.

ASSAULT.—TI(E KING V. CHARLES CHLSHOLME, ESS
The defendant is a man of very considerable fortune ; the pro-
secutor is a tradesman living in Blenheim-street, Newßond-street.
Some time ago, the defendant took the opportunity, whilst the
family of the prosecutor were at their dinner, on a Sunday after-
noon, to conduct himself in a very unbecoming way before theit:
windows, insomuch that the females of the house were at length
obliged to leave the windows, and retire altogether from the view
of the people in the street—Mr. Blacklin, die prosecutor, remon-
strated with the defendant, but to no purpose; instead of desist.
ini, he leaped over the palisadoes, and endeavoured to make his
way into the house to attack Mr. Blacklin, and actually got half
way in at the Parlour window for that purpose : he failed, how.
ever, and was given in charge of a constable. These facts were
proved by several witnesses, The Counsel for the defendant at.
tempted, by witnesses, to contradict this, but failed, and the
defendant was found Guilty.
Mr. Justice MAI NWA RIN G, after consulting with his brother
Justices, then addressed the Court, and said he felt the highest
satisfaction that the prosecutor had adopted the present tnethed
of punishing the prisoner, and not by an action for damages
screened him from the obloquy his misconduct deserved. With
all the semblance of a Gentleman, he had acted in an extremely
riotous and disorderly manner, and eminently deserved dm.
punishment the Court thought proper to award.
The Court taking the whole case into consideration, and ob.
serving how inadequate a pecuniary fine would be to a man of bis
wealth, sentenced him to one month's imprisonment in the House
of Correction.
The prisoner was a dashing young fellow, about 25 years of
age, fashionably dressed, and bad an easy confidence of manners,
but on hvaring the sentence, seemed much affected.

SATURDAY NIGHT'S GAZETTE.

MILITART PROMOTIONS.

Commissions signed by the Lord Lieutenant of the
County of Lincoln.
Lindsey, Kesteven, and Lincoln Regiment of Local

-
Militia.
William Jerroms, Gent, to be Ensign. Dared June 16, 1809.
Holland and Boston Regiment of Lincolnshire Local

Militia.

Charles Martin, Gent. to be Lieutenant. Dated lune 9, MA.
George Smith, William Frankish, and. William Pepper, Gents.

• _ _
to be Lieutenants. Dated June 16, 1809.
Commissions signed by the Lord Lieutenant of the
County of Pembroke.
Royal Pembroke Fuzileers Militia.
Captain Frederick Harries to be Major, vice J. Hill Harries, re-
signed. Dated March 25, 1809.
Captain and Adjmant James Ropert to be Captain of a Company,
vice F. Harries, promoted. Dated as above.
Commissions signed by the Lord Lieutenant of the
County Palatine of Lancaster.
Ist Battalion of Royal Lancashire Militia.
Samuel Hibbert, Gent. to be Lieutenant. Dated May 27, 1909.
Rohr' Knowles, Gent. to be ditto. Dated May 28, 1809.
James Bottomley, Gent. to be ditto. Dated May 29, 1809.
I ohn .Ainswortb, Gent. to be Ensign. Dated May 26, 1809.
Wigan Regiment of Local Militia.
Thomas Strickland Standish, Esq to 'le Lieutenant-Colonel.

Commandant. Dai ed March 16, 1809.
Thomas Claughton, Esq. to be Lieutenant• Colonel. Dated Sept.

24, MS.
Richard Percival Moulson, Esq. to be Major. Dated May 19,

1809.
James Thomson, John Greenough, Ralph Greenough, John Lyon,
and John Holt, Esqrs. to be Captains. Dated May 16, 1809.
John George Bagahaw, Esq. to be ditto, by Brevet. Dated as

above.
William Mercer, Esq. to be ditto. Dated May SO, 18011.
James Bolton, Esq. to be ditto. Dated May SI, 1809.
Robert Bolton, and Richard nymer, Gents. to be Lieutenants.
_ _ _

Dated May -SI, 1809.
James Bolton, Roht rt Holt, and Thomas Peet, Gents. to be ditto.
_ _

Dated May 19, 1809.
William Coats, Gent. to be ditto. Dated June 9, 1809.
Robert Naylor, Gent. to be Ensign. Dated May 19, 1109.
William Ducker, Gent. to be ditto. Dated May 26, 1109.
Joseph Howard, Gent. to be Quarter-Master. Dated Aprff 19,
1809.
Warrington Regiment of Local Militia.
John Ireland Blackburn', Esq. to be Lieutenant-Colonel-Coma
_ _ _

. _
mandant. Dated March 16, 1809.
William Anderson, Esq. to be Lieutenant •Colonet Dated Sept.

!4, 1808.
William Eyre., Esq. to be Major, with the Rank of Lieutenant-

Colonel. Dated as above.
Richard M Astbury, and Thomas Skitt,.F.sqrs. to be Captains,

with the Rank of Major. Dated as above.
Thomas Green, Joseph Lee, John Clare, George Ainsworth, and

_ .
William Smith, Eqqrs. to be Captains. Dated as above.
Richard Sherratt, and James Brown, lecirs. to be Supernumerary

ditto. Dated as above.
Peter Nicholson, Esq. to he Captain, by brevet. Dated as above.
James I,ea, John Booth, Thomas Mawdaley, John Fisher, Tho-
mas K. Glazebrook, Henry Mather, Samuel El!son, Richard
Turner, Thomas Lyon, Ralph Lowe, John Prescott, and
Richard Heath, (lents. to be Lieutenants. Dated as above.
John Crane, and William Hall, Gents. to be Supernumerary
ditto. Dated March 16, -1809.
.Idward Gaskell, William Hain!, Thomas Percival, and James
Atherton, Gents. to be Ensigns. Dated Sept. 24, 1808.
William Tinsley, Gent. to be ditto. Dated March 16, 1809.
Thomas Malley, Gent. to be Quarter-Master. Dated Sept. 14,
1S(0.
Commissions signed by the Lord Lieutenant of the
County of Salop.
Shropshire Wrekin Regiment of Local Militia.
Thomas Fyton, Esq. to be Lieutenant-Colonel-Commandant.
Dared D.x. 24, 1808.
Thomas F.yton, jun. Esq. to be Lieut.-Colonel. Dated as above.
Edward Cludde, ksq. to be Major. Dared as above.
Thomas 13aylcy, Henry NV illiarns, Was. Anstice, Charles Mont.
'ornery Campbell, Thomas Lecke, Archibald Montgomery
Campbell, Francis Seymour Largent, Robert Anstice, Robert
Tranter, and Win. Henry Cope, Esqrs. to be Captains. Dated
as above.
Robert Renshaw. Robert Meek, John Proudfoot, Wm Roden-
hers?, Thomas Wilding, John Yates Richard Hodges Gwynn,
Thomas Girdles. Gwynn, William Lawley, Wm. Hombersley,
and Joseph Firmstone, Gents. to be Lieutenants. Dated as
abert e.
John Rider, William Wilkes, Wm. Davies, Thomas Lawley, and
Wm. Lawrence, Gents. to he Ensigns. Dated as above.
Wm Turner, Gent. to be Quarter-Master. Dated as above.
James Evet, Gent. to be Surgeon. Dated as above.

Centre Regiment of Local Militia.
Captain Rowland Hunt, to be Major. Dated May 15,18011.
John Rradbt idge, Esq. to be Captain. Dated Sept. 24, 1808.
John Wilson, Gent. to be Lieutenant. Dated as above.
James Atcherley, Gent to be Ensign. Dated Dec. 24, 1808.
West Reiment of Local Militia.

Lieutenant George Ashby Maddock to be Captain, vice Durant.
• Dated May 14, 1809.
Lieutenant Peter Broughton, vice Dymoek ; and Hope Wynn
Eyton, Esq. to be ditto. Dated as above.
Adjutant Arthur Downes to have the Brevet Rank of Captain.
Dated May 22, 1809.
'Ensign John Sharlard to be Lieutenant, vice Follows, deceased.
Dated May 14, 1809.
Roger Spencer Dicken, Gent. to be Ensign, vice iharland, pro-
moted. Dated as above.
Robert Lee, Gent. to be ditto, vice Snazton, promoted. Dated
as above.
Francis Lee, Gent. to be Quarter-Master. Dated April 18, 1809.

North Regiment of Local Militia.
Lieutenant John Marston, and Henry Calveley Cotton, Esq. to
be Captains. Dated May 14, 1809.
James Green Gent. to be Lieutenant, vice Blake, resigned.
Dated as above.
• John Stanton, Gent, to be ditto. Dated as above.
Wat. Foulke, Gent. to he Ensign, vice Green, promoted ; and
George- Warren, Gent. to be ditto, vice Evans, retired. Dated
as above.
Commissions in the Dumbartonshire Local Militia,
signed by the Lord Lieutenant.
James Denni,town, Esq. Vies Lieutenant, to be Colonel. Dated
Strtcmber 24, 1308.
34:1 Buchanan, Esq. to be Lieutenant-Colonel. Dated as abeve.l
Sir James Colquisoun, Bart. to be Major. Dated as above.
Rot: rt DaviL-)n, Archibald Campbell, John Wl.achlane, John
IJ-roly, John M'Allacter, David Dunhip, Parlan M'Farlane,'
and John Tort:bull, Esqrs. to be Captains. Dated as above.
David Denny, James 'turner, Robert Heeming, Robert M'Sy-
mon, Cole Turner, Parlan M'Farlane, James Robertson, John
Aitken, Vim. Turner, and Robert M‘Kensie, jun. Gents. to be
Liet.,enrnts. I)atcd as above.
Mtn Miller F.sving, Laing, and Benjamin Hartley, 6ents.
to he Ensig s. Dated as above.
Rnbert Rob?r,son, Gent. to be Adjutant. Dated as above.
Rollt rt seri. Gert. to be Quarter-Mastcr. Dated as
ilyntr.r, Gent. to be Surgeon. Dated as above.
Commission zhe Radnorshire Local Militia, signed

by the Lord Lieutenant.
Richard Price, Esq to be Lieutenan:-Colonel Comrstandant.
Thomas Frankland Lewis, Lq. to be Lieutenant-Colonel.
Mered.:h, Esq. to bz First Major,
Hugh Pow.ll E. to be Second ditto.
John Erowne, Hugh' Vaughan, John Williams, John Wilkins,
Thomas I.awre.ice, Same HodsoA, and Ct.-tries Humphreys
Price, Esori. to be Captains. All dati.cl Sept. 24, I mOn.
Edward Jenkins, I larley Janus Hague, ai:d David Jenkins James,
tobcili'to. [)aced May Ino9.
.10,4:1 'Ey ans and Charles Lawrence, Gents, to be Lieutenants
Dated Sept. 10, Isos.
• ,„. presser, James Wifliatns Morgan, John Stuart Edwards,
• ~•,,ort, JAI' Davies, and John Wright, Gents.tebeditto,
natoa May 2, 1909.
Hauler, and Joan Vauban, Gents. to be Ensigns cr &Told
'77Lieujonants. Dated Sept. 10, 1808.

BIRTHS.

Friday, at their house, Marlborough-buildings, Bath, the Lady
of the Hon. John Brown, of a son.
Wednesday, at Forston House, Lady Andover, wife of Capt.
Digby, of a son.

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