Star.
London, England, 1801-08-14 00:00:00

-WOOD V. MARSH AND OTHERS.

Mr. GAR sow Ca the plaintiff was a Cowkeeper
near the Obeli& in St. George's-fields, and had
brought this aftion againft the defendants for a Era-
pals, in breaking and entering his houfe. He was
told the defendants meant to pretend they had
fome authority from the Lord Chancellor. He
alfo underltood that the only one of the, defen-
dants who was worth powder and (hot was Mr.
Fawkener. He did not afic fuch damages as would
ruin the defendants, though, if he fhould do fo, it
•would be a juR retaliation upon them, for they,
by their cond-nfl, had done all in their power to
ruin his client. He fhould be contented with tool.
damages.
Starkey, kneii Wood, the cow-keeper,
and alfo the defendants, Marih, Fawkener, and
Nicholli. On (the day Rated in the declaration,
he taw Na(h and Nicholls in the plaintiff's houfe,
drinking gin and beer, and fmoaking their pipes;
he heard Wood repeatedly defire them to depart
about their bounds. Na(h laid they would not
go, that they had an order from the Chancellor
to receive sool. They accordingly took poffeilion
of the plaintiff's houfe and effeas, and prevented
his interfering with them ; they Raid there fome
time, and at UR they were put out of doors by the
peace officers.
John Kinfpnry proved that Fawkener was in the
hOufe with the other two Defendants during part
of the time.

.....
Mr. Serjeant BEST obferved, that whether lie
(hould be enabled to get rid of this adion upon the
evidence, was more than he could fay. His
' Learned Friend had laid, he Ihould be contented
with tool. damages; but, ifhe had one penny, it
would be three farthings more than he was enti-
tled to, even as the cafe flood at prefent, for when
the real Rate of the fails was laid before the jury,
he was perfuaded they would be of opinion, that
whoever had advifed the action bad not confuhed
either his own credit or charader. The Plaintiff
had, tome time ago, formed a connection with a
perfon of the name of Edwards, who was the cre-
; diwr of one Near, the laR occupier and fettee of
the premifes. Edwards had taken oat a commit.-
feta of bankruptcy agaisgt NA, sad lad got his

leafe into his which, though woi
he had fold to the Plaintiff for 171. •An order wag
obtained from the Chancellor, upon petitic.n, for.
the Plaintiff to give up en: lcafe, and 4ccount tc
he creditors for he profit
. . .

The Defend.mt, Vats:kr:ler • ..v77;:t xvith the rlther.
Defend.ints to the Pia:miff', i;ooto, and rcad the
order to him. The Plaintiff ftid the pap'.rs were
not at his !Inure, ,itnd he mull cotii:2l: Ilk attorney-
An appointment Was made for thew tlet't-cr: again,
which they did, and the Plaintiff ntr• being kt
home, his wife invited them in : they I!?.ti there
drinking till the Plaintiff returned, when he.ioitied
their company, and drank with them. True it
was they had refilled to quit the luntfe, t:l! the
order was obeyed ; he feared, 11,:refor:, tine
i sin-
tiff mull have a verdia, thir:•,ll the irrrllett da-
mages would aisfwer the jutlice uf the :tic.
The Judge directed a verdict for die rlaiatis--
d amagez—On.-.

WA RR I .(31 ON V. WOOD.

This was an aFtion t.;;:fi;:ifs. The parties are
two very refpnftal,le farmers inthe nelAhbourhood
of Croydon, and have been of late in a contlant
fiat.: of legal warfare, yell-teal:lg their relpeelive
tights to lands under the Croydon Incloilue A 9,
which palled a few years ago. The Itibjea of li-
tigation was part of the walk of a place cal:cd
Waddon Marlh.. The contention had given tine to.
the implacable feuds and eninii y, and leveral
faits befides the prefent one were der_njing.
Aftrr the tale had been opcned, Mr. junice
Gabsii recommended that all difputcs between the
parties might be referred to fome intelligent gen-
tleman at the bar, who fhould have power to fit as
Chancellor, adjuft all differenceq, and endeavout
to convert their hollility into friendlhip. This
conciliatory advice was acceded to.

SURREY %TARTER SIiSSIONS, Tucisr.ts, Auc. 13.

INSOLVENT DEBTORS.

A perfbn of the name of /LPEwens was brought
up to be difehargeci, and objeCted to by a creditor
of the name of Moggridge, as having obtained
goods from him under fall:: pretences. Mr. Mog.
Bridge (lated that he is a boor and !hoe maker.—
The Defendant, who carried, on the buflnefs ofa
wine-merchant in Fitzroy-felt:are, applied to him
in the month of Oaober lafl for forme goods to be•
fent abroad. The Witnefs allied him if he was
going abroad with them, and at the fame time in-
formed him that his terms wore ready money.-7.
The Defendant replied, that he was not going
abroad; that they were for a friend ; that he could
•nOt ready-money, but would give,his note at
fia weeks for this order, and laid that he fhould
,Coon be in call:, and would for his fubfequent orl
ders pay him on delivery. The Witnefs then Ctid
if he was not going abroad he had no °Nation to
take his note. The Defendant again allured him
that he was not, and laid he deteited the idea of
leaving England, and at the fame time gave him
fome refpeCtable references. The Wiylefs made
the meaty inquiries, and being farisfied as to
charaCter, the goods were fent. When the note
became due it was dilhonoured. 'I he A-iv:eft
immediately went to the Defendant's hot:CC, and
found that he had taken his pairage.on hoard the
Alert for the Weft-Indies, with theloods in quer-
tign lie was arrefled at Portfmouth. The Cap-
tain of the veffel proved that he engaged a pairag,e
in his fhip previous to the time of procuring tliefe
goods of Mr. Moggridge.
The Counfel for the Defendant contended that
the Plaintiff had not made out a cafe, lo as to
.bring him within the clank alluded to. He there.
I fore lubmitted that the Defendant was entitled to
his difcharge.
The Captain was afked whether that was the
Defendant's intention ? lle laid, that he had taken
a parlage to the Weft-Indies in his fhip, and had
told the Witnefs that he meant to return with him:

.......
The Court raid there wa*not a qucaion in this
cafe. The Defendant, it was proved, had taken
his paffage previous to procuring the goods of the
Plaintiff; therefore, at the time he told him that.
it was not his intention to go abroad; he had cer-
tainly ufed a falfe pretence.
The Defendant rzas accordingly remanded.
Attinansb FRAUD.—A Gentleman of the none
of Rawlins, who is an Officer in the Light Dra-
goons, was brought up to be difi.harged, but was
oppofed. The Counfel for the oppofing creditor
Rated the cafe at great length. lie laid he was in-
ltruded that the reafon for oppofing this Gentle-
man's dilcharge was, that he had committed one
of the moil grofs and diabolical frauds. by procu-
ring the loan of 6501. upon fome annuities in the
funds, which flood in the names of certain
perfons;
and after the money was advanced to him, be
went to the Bank, and changed the names of the
trufl, thereby precluding the parties who had ad-
vanced the money from taking the timed:try !lee.
to fecure their property, as he had gone down to
Portfmouth in order to embark for the E.tit-Indies,
when he was overtaken and arrefled. The learned
Counfel then detailed the evidence he meant to
adduce in fupport of the charge. The oppofing
creditor was a Mr. Edwards, a Solicitor. Some
altercation took place between the Counfel on both
fides refpe&ing the epithets ufed by the Learned
Counfel for Mr. Edwards. After which Mr. Rawlins
and Mr. Edwards were feverally examined, when it
appeared that every means had been ufed by Mr.
Rawlins to fettle the bufinefs to the fatisfaCtion of
Mr. Edwards, who afted as agent for Mr. Collier
in this tranfadion. It appeared, that he had in-
formed Mr. Edwards the names of the Trullees
were to be changed, and all.) that be was going
with his regiment to the Eaft Indies. It was ttated
that the Commander in Chief had taken the cafe
of Mt. Rawlins into his confideration, and al-
' lowed him his full pay, as he had loft his rank by
being detained in this country. •
The Court faid, that fome rnifapprehenfion hat
occurred on both fides, and they were ferny In
much warmth had been (hewn. The conduct of
both parties was perfectly honourable. As to the
idea of fraud, no doubt was entertained by th..m
but that Mr. Rawlins had completely cleared sip
the alperfions thrown out again it him. The cots-
dud of Mr. Edwards was certainly very honotn•
(able. Mr. Rawlins was entitled to his difch..irg,-,
the allegations not being proved. He was accord-
-10&7 44-charged,