Star.
London, England, 1806-05-30 00:00:00

COURT OF KING'S BENCH, MAY t 6.

HUDDART V. GRIMIHAW AND °THUMB. '
This was an Affion brought by Captain Huddstrt
againft Meffrs. Grimfhaw and Co. of Sunderland, for
an alledged infringment of his Patent for making Ca-
bles and other Cordage :—it was tried at the Sittings
in London, before Lord ELteriansouctr, after
Michaelmas Term, tBO3, when Meffrs. Grimfhaw
and Co. relying on the infufficiency of the Plaint:frs
evidence, called no witneffeb; however, the Verdi&
was againft them, which Mr. Glass, in the Hilary
Term following applied, and obtained a Rule oili
to fet afide. Mr. Gress ob(erved, that his Learned
Friend Mr. ERSRIN I had (educed the Verdi& by his in.
exhauffible fund of ingenuity and humorous effuflons.
The parties afterwards referred their differences to
the Arbitration of a refpeiffable Barrilter, whole
award, which was this day made a Rule of this Court,
is as fellows :

" I award. and determine, that the mode nr modes,
adopted and ufed by the Paid Meffrs. Grimfhaw and
Co. of making ropes and ca'ales, at their laid manu-
faitory, at Sunderland. are not, nor is any of them,
an infringement, or infringements of the Paid Patent
gtanted to the laid Jofeph Huddart as aforefaid, or
any part thereof."

MAY 29.705T11l 'O. RICHARDS.
The parties in this caufe are both linen-drapers, in
Oxford-road.
Sir VICAIY GISH raid, that the Defendant was
Called upon to anfwer for a new fpecies of deceit. He
had been fhopman to the Plaintiff, and afterwards
fet up bufinefs for himfelf • The Plaintiff had been
in partnerfhip with a Mr. Brown, and the trade of
his fhop was cart ied on under the firm of Fofter and
Brown, until 384 In January of that year, Mr.
Brown quitted the concern, and received a large con-
fideratinn for refigning his intereft in favour of the
Plaintiff. There tradefmen bad availed themfelves
of a popular fign, and had put up a Balloons twelve
or fourteen feet high, in the front of the houfe, and
two other defigns of the fame kind in the windows.—
When Mr. Brown retired, the names of Fofler and
Brown hill continued no a confpicuous part of the
premifes. Thus was the houfe at which this bufinefs
was conducted, diflinguifhed in a manner fo !MAT k•
able, that it might he expected it could not be mif-
taken, or, in other words, that the reputation ac-
quired by Meffrs. Fofter and Brown, for the jullice,
honour, and liberality, With which hey treated their
cultomers, could not be transferred to any oilier per-
fon. Whatever might be the rational expeaations of
the Plaintiff, they were in this particular molt grie-
voufly difappointed. The Defendant having been
employed in the houfe, knew perfectly the mode of
their conducting bufinefs, but did not preferve the
integrity to which his mailers had conflantly adhered.
His firft plan of deception was, to render the houfe
in which he had eftablifhed bufsnefs in the fame lireet,
as ftrong a refemblance to that of the Plaintiff as pot-
fible. The molt obvious diflinaion was the Balloon,
which he imitated as clofely, both in fine and appear-
ance, as the front nr facade of his houfe admitted.—
He alfo introduced the fame fign on his windows.—
But this was not all : he placed the names of Fofter
and Brown m large characters over his door. On
one fide was Richards," and on the other, " and
Company ," and in (mall diagonal German charac-
ters, fcarcely perceptible, was the word, " from ;"
fo that the whole flood, " Richards, from Fofter
and Brown, and Company ;" yer, from the artifice
employed, Fofter and Brown were the only oftenfible
names.

The Learned Counfel Paid, that he Mould not only
prove, that, by the means of this palpable fraud,
feveral individuals were carried to the houfe of the
Defendant, who intended to be cuflomers to the
Plaintiff, but that he Mould (hew that the Defendant
himfelf was inftrumental in furthering the deception.
Mr. John Brown being called, Paid, that he began
bufinets with Mr. Fuller in 1797 ; that he continued
in partneithip with him until t Sc 3 ; and that on his
withdrawing, for the good-will of the cot.cetn, he
received about tOOO or isool.
Mrs. Mary Brain raid, that (he bad been recom
mended to the Plaintiff's (bop. in Oxfordlreet, by
a friend of her's, Mrs. Davis ; that teeing the Bal-
loon and the names of Fofter and Brown. Elbe believ.
ed it to be the (hop of the perfon who had been
named to her. On entering, (he anted (or Come It
fia Meeting, and thinking the price cl,mandeil rather
high, (he enquired for the n,eller, Mr. Folic',
' the was informed that he load jua aeppeJ Out, th.at

he had gone into the city, and the fhopman did nlt
at all know when he would return.

Lord EL LENIMILOUG H-." Do you mean to contend
thilLthe fhopman had a general lying commilli,tc,
forTl.far you muff proceed before you can fix it upon
the Defendant in this way."
Sir VIcARY Girths-14 I mean to contend that, my
Lord. Where I prove the intention in the Delo'.
dant to identify his own fhop with that of the Plain-
tiff, it will be a quellion for the Jury, ri the re-
prefentation of the lhopman did not originate with
him."

The witnefs next enquired after fume of Mrs. Da
vies friend, to which the fhopman evafivvit• mitts...red
that Mr. Davis had called upon. Mr. Fa:lor. She
then atked after the daughters of Mr. Davis, to which
the Amman replied, that he hoped they wire well..
She then enquired if he remembered fending !Om,:
(bawls to Mrs. Davis, to which the fhopman :rawer-
ed that he did not exactly recolleft ; but on :he wit-
nefs (hewing him fome (bawls on the counter, that
fomewhat refernbled them, he replied, that he that
moment recollated them, hey were red (bawls at the
price of from three to tour guineas.
On her croft examination, the laid, that what the
was converting with the fliapman, the Delend'asu
was palling backwards and forwards among his cuf-
turners, but the would not (wear that he heard what
paired.
Lord ELLINSOItOUGH—" There may be much
here which is not evidence. It mutt be all autoficagu.
It might have been evidence, if the could hate laid,
that the converfation was to loud, that the matter
could not avoid hearing it."
Anne Stovin Paid, ttrat the lived in the fervice of
Mifs Dixon, in Porthand•place : that the went to Mr.
Richard's fhop, miltaking it for that of Meffrs.
Fofler and Brown ;. that the bought goods there for
her rniarefs, and was furprifed not to fee the fame
firpnian, to whom the had given Sol. before, in her
miltrefs's drawing room. (It was, in fad, the (hop-
man of the Plaintiff.) The witnefs enquired for this
perfon, and was told by the Defendant himfelf, that
he was not at home. •
Afterwards Mrs Horne, who bad been deceived
in the fame manner, was called ; and then a am of
the name of Chalmers, who had painted the Plain-
tiff's tign, and had alto been applied web paint the
Defendant's in a fimilar way.
Mt. Pacer, for the Defendant, laid, that unlefshis
Learned Ft iend had loft his fight, between the Court
and Southampton-ffreet, he would find forty or fifty
!mks of trade, on which it was reprefepted in what
hook the tradefman had acquired his knowledge of
tht bufir.efs ; and to put the prepafitionfrove, adding
the name of the perfons from whom the occupant's
knnwhdge had been acquired, inkead of being duo-
gatoryand injut jou., was eonfideeed rather as Jinni k
if tern: It and tumour to fuels perfons. In order to
fupport the argument of his Learned Friend, Mier
and Brown mull only be read, and not Richards and
Company, from Fofler and Brown. How was the
cafe proved? By flip-Mod lady's maids, and gollipping
old women;the former the molt ufelefs of all human
beings, andthe latter the molt troublelome, if not the
molt deltruClive. Mrs. Brain, who, if the had any
brain at all, could not have mittaken one fhop for
the other, did nut even venttnc to in ear, that Ri.
chards had heard a word of the COllVeriAtioll with the
fhopman. The fa& was, that no deception waseither
attempted or intended ; and that the D-fendaut had
taken the lign of the Balloon, which had bec me a
fort of fathiunable invitation to cuffomers ever Guar
the time of Lutiardi's act expedition. The Jury
would eerily difeuver, that the whole affair originated
merely in a quarrel between the matter and the (hop-
man, becaufe the latter had become the rival of the
former: but if thek competitions in trade were dd.-
countenanced, the public would be liable to the molt
grievous impolitions.
No witneffes were called on for the Defendant.

The Loan CHIIW JUSTICE fummed up at confider-
able length, and the Jury found a verdict for the
Plaintiff—Damage► 2 Oi.

LANG V. vicKsay.

This was an atlion of alfault. The Plaintiff, a
poor tradeftnan, owed the Defendant, who is a baker,
fixtun pence, and on the day of the alfault went to pay
him. Having fettled, he returned home, when he was
exafperated to find the baker had left a lummons at
his houfe juft before payment was made. He went
to complain of this ; an altercation enfoed, and thr
Defendant forcibly turned him into the flreet. It
appeated, however, that the Plaintiff kicked up a
riot at the baker's, and that the Defendant was corn
pelled to leave his bed in order to turn him out of the
(hop.
Lord ELLSNLIROUCH, after animadverting upon
the impropriety of bringing fuch an action, advifed
that a Juror fhould be withdrawn, which was ac-
ceded to, and the par ties will have their own colic to
pay.
The Sittings er..led this day for Midllefe,:. The
London Sittings will crminience on NlA.day next.

As Mr. inflict LAWRF4CE was on AVednefday
quitting the Houle of Lords, he mitred A Pep At
WAS thrown forward upon his face and hand', but did
not receive any material injuty.
A collenor of limp, for Bridgewater &arid, has
becn committed to Ilchefler gaol, fur monies unac-
counted for, to the amount of 7 t 91.

DREADFUL Fias.—About half pet twelve o'clock
yeflerday morning, an alarming fire broke out in the
extenfive fugar bake-houfe of Mr. Gatty, Great Tr i•
nity•lane, Cheapfide, which threatened the neigh.
bourhond of Bow-lane with deflruelion. The flames
were firft difcovered in the lower part of the prcmifeb,
and the wood being dry, the conflagration fpread
with aflonifhing rapidity. 'the engines of St. Mary,
Aldermary, were the firlt that arrived, and a plen-
tiful fupply of water lacing obtained, the flacon were
prevented from extending to the premifes of Mr.
Shneider, and Mr. Taylor. (kin merchants, and the
Cock Tavern, the whole of which were expetfled to
take fire. By three o'clock the flames were extin-
guilhed, with the total defiruftion of the fugar bake-
hnufe, and part of the adjoining dwelling boufe.—
The alarm and confulion which prevailed among the
inhabitants at fo early an hrur was dittrang. but the
exertions of the Loyal London Volunteers, who of
fembled with the greateft pa.mptirude, afforded pro-
leah o to the fee rrrrr and enabled the firemen to
work the engines with eared. It is not known how
the fire began. The premifes were Wands and the
' damage clone is very confide:able.

COURT OF SESSION, EDINBURGH.

The Direflors of the Bank of Scotland, a good
many years ago, conceiving that they might extend
the butinefs of the Batik beyond the limits of Edin.
burgh, refolred to eftablifh brar.chc-, in almoß every
town ii Scotland ; and the arrangement was no
doubt beneficial to all parties. To the country it
c tended 'a ufeful fund or credit, and though the more
general circula:ina of the Bank paper was the pri-
ma, y objed in the inilitution rf thee branches, the
Bank received advantage br their becoming very
naturally the depolits ni the money belonging to nu-
merous !stir-ant in their neighb urhood. The cafe
;,4.,u.v to be det.uled tor:k its ;deft-oat this

In the year t 793 the Direanre of the Bank cf
Fre ,:hind had eflablithed one of their branches in the
town nf Medlin, and appointed a merchant in that
place, and taut of his fans, to be their agents there.
under a contlituted firm. There people tome time
ago became bankrupt, when it was difcovered, that
betides taking in money for the Bank, they had re-
ceived a great many fume, to the amount of soca
or (:pool. fur which they had not accounted to the
Bank, but which the perions lodging them fired
they had meant as Bank &pats. For theft the
Agents had given receipts on a copperplate engrav-
ing, bearing to be dated at the Bank's Office," and
in other refpeas containing the ufual (kyle and words
of Bank vouchers; but, in figrrine, thefe documents.
the Agents did not add any detignation immediately
indicating their having acted for the Bank in the re.
ceiving of that money. When the failure happened,
the Directors cf the Bank of Scotland refuted to re-
tire thefe documents, on the following, among other
grounds : that their Agents were not entitled to take
in moat), fo as to bind the Bank, on documents, in
the form granted by their Brechin Agents. With
view to try the validity of tech a defence, an action
was brought againft the Directors on one of thefe
receipts. It would exceed our limits to enter into a
particular detail of the arguments of the parties in
this caufe; (office it in general to hate, that, on the
part of the Bank, it was maintained, that their
Agents were not entitled to take in money, for be-
hoof of the Bank, except in payments on cafh ac-
counts,
,and for promilTory notes, which Lai were to
be reeled with the Bank's feat, rounterfigned by the
Accomptant, &c. and this plea ras enforced by re-
ference to a placard which was hung up in the office
at Brechin, and to advettifements in the Newfpa-
pens, &c. It was farther maintained by the Direc-
tors, that no agent, factor, or commiffioner, could
bind his conilituent bcyond the limits of the mandate
nr commiffion under which he aeted ; and as the
mandate in the cafe of money lodged in that man-
ner was coafined to promilfory no:es, the Bank
could not be bound by documents in the form of re-
ceipts. In answer to this, and other arguments ufed
tor the Bank, it was Hated on the part of the claim.
ants, that as the Direllors had eftabliflied a branch
at Brechin, they had, in fact, thereby transferred the
Bank of Scotland to that place ; and, of courfe were
refponfible for every at and deed of their Agents
which related to a banking tranfaaion. Nor were
the perfons who had dealings of this nature with
thefe agents bound to enquire whether they were
authorifed to take in depolit money, on promiffury .
notes or receipts, that being a mere matter of form.
altogether unconnected with the fubfiance of the
tranfaaion. Befides, it was hated for the claim.
ants, that the Directors themfelves had departed from
their regulations in this refpea, as it was no uncom•
mon p•:401c:: at their branches to grant receipts for
dertited money. As to the arguments of the Bank
rerpeeling the powersof mandatories orcommillioners,
it v as maintained on the part of the claimants, that,
though a man was bound, when he tranfafted with
ordinary mandatories, to look at and underhand
the extent of their powers, yet, that where a Bank
eflablifhesi itfelf in a place, opened an office there.
and nominated Agents for the general management
of the bufinefs, the power of theft agents were to 'Ne
4 prefumed it all matters conneaed with banking ; and.
confequently, that in a cafe like the prefent, the im-
proper acts rind deeds of the agents mutt affeet the
bank, and not the public, who had confided in there
agents, by the invitation of the Dircaors. As to the
placard, it was hated by the claimants that they never
had feen it ; and, at any rate, that when a perfon
enters a public banking office to tranfaa bufinefs, he
is not bound to read placards and regulations, as he
is entitled to confider the official perfirn with whom
he deals to be in poffdlion of every neceffary authority
for rendering the frank/lion legal.
When this caufe came &ft before the Ccurt for
judgment, it was decided in favour of the Bank by
a narrow majority of one vote ; but their Lordfhips,
on advifing elaborate and ingenious papers on both
fides, altered their former interlocutor, and, by a
large majority, found the Bank liable for the fume
claimed, betides tic colts of Init.

KING'S BIRTH DA v.--Twenty-Fre Thottrand
Pounds v..:11 he given to the fir S-drawn Ticket next
Wednefday, June 4, being the Sixth Day's drawing
of the prefent Lottery. The advantage of purchn•
ring at this period mutt be obvious, when fo great a
proportion of the Tickets are drawn, and the Wheel
Sill contains nearly one hundred and feventy then-
land pounds in Prizes. Tickets and Shares warranted
undrawn, continue on fele at SWIFT and Co.'s Old
Office, in the Poultry.
Costarwavion.—Yeaerday Mr. Welcher. tailor, of
Warwick-Ilreet,Golden fquare, charged John Zimon.
at Mmlborough-dreet office, with quitting his em•
p!ny through *combination. It appeared that Mr.
W. had received notice from his journeymen (16 in
number) that if he gave any work out of his (hop.
they would infiantly quit his employ. On Wednef.
day loft, one of them law a garment in the cutting. •
room, which had been made by a perfon long in the
employ or Mr. W. but Who, from indifpofitton, was
unab:e to attend the fh.),l. This fad being commu-
nicated to the reit, notwithPranding they had all had
full employ, they itnme,l:stely, and without farther
notice, left the Ica% iag Mr. W. without a pof.
fibility of carrying on his Winne(' ; in confequenee of
which he obtained a warrants and on repairing to the
Houle of Ca:l to execute the fame, he was sailed
by a (flower of (tones, whereby his head was (evenly.
cut. Zimon, however, who was the only one of Mr.
W.'s men prefent. was apprehended, and, being on.
able to difprove the charge, was committed to And
labour, in the Houfc of Contacts for fit weeks. ,

4

1~

A FRAGMENT,

WRITTIN NEAR TNI 311 SHORE.

Eve !
And o'er the glaify furface of the deep,
Serenely calm, and undiftutb'd, five where
Their gentle breath, in Ilia retreating gale',
The Zephyr's fan, and 'mid the liquid plain
'I be Sea-nymphs, fportive to the phial breeze,
Stir the ezpanfe., and try the mazy round.
The azure (Icy, unfolding to the fight,
Difplays its clear irradiance ; not a cloud
to fern to dim the Nitre, or to throw
Its dufky veil o'er Imi log Ether. Far
The gilded fails, refietling to the Sun,
(W hole verging orb, already haltisnmcriel,
Emits a partial gleam) iiiredt the eye
Where the horizon, in its convex bound
Smooth ccean robes; a pleating fieEtsele,
Intent to eye the part.colour'd groupe,
Which &int in ever-veering cowl: the main,
And kern to whiten as they mat the Sun.
in wades progreffive, (ober Ev'ning yields
Her reign to Night, whore fable mantle wraps
The murky face of Nature, and conceals
Impeded objefti. Hence my wanarring thought
Slow-turns, and inward-muffing, farms of things
Unreal paints, creative images,
Which, fpringing from the Mind's prolific fore,
Abforb the faculties, and lead us on
Through all the pleating fictions of the fettle.
Here Contemplation waken, from her dream
Of Mast revert..: faint-retiriag founds
Of murering creeds, from yonder rugged cliffs,
Born by the plc refponfive, rouse the ear
To mark the dying cadence. Chaned appears
H area's lucid cov'ting; vetted with a dye
Of darker afpedt, that but tends to add
• hirer (picador to the fulgent beam
Of placid Luau, and bedecks the holt
Of numerous liars, In clearer Rita arrray'd
With all tbc wide-ethereal canaille
Oh! may Life's tranquil ev'ning thus refipi
Its balmy elate, to meet the bright advance
Of pureft night. No (pot profane ihaU taint
That happy eve, when we prepare to pafs
Our ni ht in Heav'n.

DUBLIN, 3mr 24.

I. I.

• Agreeable to notice, every regiment compofing the
garritiln of Dublin, marched from town on Thurfday
morning, to occupy the laid down for them
by the Commander of the Forces.
The flying artillery took the ground at an early
hour. They were followed by the eth dragoon
guards. the 18th light dragoons, the alEtth. 48th, 9:d
regiments of the line, the North Cork. Cavan, and
Donega' regiments of militia. The North Cork
marched from their cantonments at Cabioteely.
Having prepared and formed the line with coon-
aerobic precilion, General FLoyo, accompanied by
his fuite, prepared the troops for the reception of the
Loan

At is o'clock the arrival in the field of his Grace
was announced by a difcharge of a I pieces of can-
non. His Grace, attended by a great number of
General and Field Officers in his &ire, with fever al
of his Grace's fervants and led horfes, and &rifted
by a Iquadron of cavalry, appeared in the field,
accrmpanied by her Grace the Duchefa of Bedford
in an open carriage, drawn by fix horfes, with four
out tiders, came in front and received a general
Palate from the whole line. His• Grace then rode
along the front of the line uncovered, the whole fa.
luting,
.bands playing, and colours lowered as he
pallid. Ili. Grace then took his Ration oppofite the
centre of the lice, which then formed into grand di.
Tifton: snd marched by his Grace in flow time, offi-
cers faluting, colours lowered as they palled ;—the
bands of each regiment taking their Ration oppofite
his Grace, and playing, as their refpeelive regiments
marched along. The Commander in Chief, after
snatching at the head of the forces add fainting, took
hi. Ration at the right of the Lord Lieutenant, her
Grace the Duette& of Bedford's carriage being im-
mediately on the left.
The line being again formed, his Grace advanced
a little. when a general Lime was given by the
whole line.

His Grace and fuite then took the Ration near the
Hibernian mihrary chapel, and the regiments of ca-
valrysbargect along the front of the line in three di-
•ifions—tfl, the sth dragoon guards—ad, the 18th
light dragoons—and 3d, the horfe artillery. A dif-
charge of a t pieces of artillery were then fired, and
their Graces left the field—when each regiment
marched to their refpeelive barracks. The ground
was kept with the gleateil regularity, to afElt in
which detachment of the 7th dragoon guards ar•
rived in Dublin on Weelnefday. The number of
men which formed the line amounted to near 7000,
and the c, monde of fpeetators was imnienfe. The
review was over at three o'clock.

His Grace was drcfred in blue regimentals faced
with yellow, and laced with Myer, and mounted on
.. very fine charger.

M•Y 25.

,ne of the banditti who perpetrated the atrocious
• ,',scry, a few nights fince, on the paiTengers of the
mail coach going to the packet, have yet been dif-
cov:red. _ _

A few days ago, a gentleman and his lady were
bopped in a poft-chaife, near Fe:moy, in the county
of Cork, by Come villains, and robbed of a watch
and money. They did not proceed on their journey,
but returned, and having related their misfortune to
a gentleman in the neighbourhood, an officer of Yeo-
mury, he put two nf his men, well armed, in a poll.
ekaite„ and feat it in the direflion in which the gen•
tleman had been robbed. Near the fame fpot, this
carriage was flopped by the villains, upon which one
of the Yeomen fired, and (hot the principal robber
dead. Upon lurching him, the gentleman's watch
%di found, and rill* his money, and fcventl bank
notes of which the mail had been recently robbed.
TLe body of the robber was brought to Fernsoy,
arJ when the letter which mentioned the above cir-
cuinfiance Caine from thence, it was in contempla-
tion to hang it up for fume days, as a miming to
affendess.

IVAN'STEAD ANNUAL MEETING
OF NHS TAIINDLY SOCIRTIIS AND CHARITY SCHOOLS.

This meeting was held en Tuefday !aft, at Viet-
(lead Church, where a molt excellent Charity Ser-
mon was preached by the venerable Retor, the Rev.
Dr. GLASS!. The text was taken from the fourth
Chapter of Ephefimls, 32c1 verfe—" Be ye kind one to
one another." A considerable colleaion was made,
and tome charming anthems were fung, in the very
fined 'kyle. Lady Ca ru max Lotto being prevented
from attending divine ferrite, by a late melancholy
domestic misfortune, molt generoully fubfcribed 5o
guineas. The church was crowded. Lady Not.
THISK, Rev. Daflors CasKts, PRINCI,BII•CIICROFT,
P , &c. were prefent. A molt fplendid cold
collation was afterwards given by the venerable
Reaor, on hit lawn ; for which purpofe two molt
beautiful marquees were pitched, and a band of mu.
fic played all the time. Every gueft expreffed the
highest (mist:talon at feeing their venerable and
amiable holt fo well recovered from his late very re-
vere indifpolition.