Star.
London, England, 1804-07-18 00:00:00

LA!? IN?ELL!GENCJ

COURT OF KING's BeNCH, JULY 4.
TAYLOR V. HIRCILS.
This was an 'aim for Bander. The Plaintiff ie an
ilittorhey at Dunchurch. in Warivickffiire, and the
Defendant a farmer in the fame neighbourhood. The
words proved to havebeen uttered were, ft You have
but little bnfii.efs, and you will have lefs. You are a
blackguard."
Load E LLLLL (motion faid, that nothing could be
more valuable than charafter ; and when an honeß
Man's reputation was affailed, he owed it to himtelf
and to fuciety to vindicate it ; but it did not thew a
confcious dignity of charafter to bring an anion,
and leek damages in a Court of Jullice for fuck words
es the Plaintiff complained of. '
Che Jory found a verdict for the Plaintiff—Da-
mages Usse Shang.
pilot 7.—Lass V. MsCAII AND hANDY.L
This was an affirm for an affeult. •
Mr. EISRIN a Rated, on the part of the Plaintiff,
that he was a Sheriff's Officer refiding in Catey-
ftreet, and having an execution againft the Defen-
dant. M'Can's goods, he took poireffion of them.—
While in this fituation, he was decoyed by the Dcfen
/lanes out of M.Can'. bottle, and brought to ano-
ther, where he was to well plied with brandy infide,
by Brandy ou;fide, that he became very much intoxi-
cated. As be flaggered through a dark lane in his
, way home, he was befet by the Defendants, who
knicked him down, beat him sill he was fenfelefs, and
in this fitil.tion put him into a cart, and fent him
home. The Defendants pleaded, in juttification. that
the Plaintiff was emulating bkpt.& indecently to-
wards Brandy's wife, and that they gently laid hands
on him. When Mr.Erfkine had finithed his Ratement,
• Mr. Glass, on the part of the Defendants, Rated
to the Court, that the Defendant, Brandy. and his
wife, had commenced an anion in the Court of Cons-
ilium Pleas againft the Plaintiff in this anon, and it
would be better at once to put an end to all matters
of ,fifr.te between them.
Lord E LLLLL oactrou obferved, that it was a
ti• •• n quarrel, and not a fit ceute to come before
Court.
The panics then' agreed that a Juror fhonld be
withdrawn, and all proceedings Rayed in the Court
ut Common Pleas.
JOHN TIviLN, IltatlP. ws. MULL
The Plaintiff, who is Solicitor to the Excites was
riding. attended by his fervent, from his houfe in Lin-
-Loofa s Inn Fields, to the Excite Office, in Broad-
firer. The matter had palled onward op the new
fireet cahesl Skinner Rivet, riling from Holborn-
bridge, while the tei vane was attempting to dife age
&ng
!siva from a throng of carriages at the end of Fleet
Market. The cart of the Defendant fuddenly turned
mond, the fhaft entered the thigh of the fervent's
bode, and in this dreadful fitnation the animal was
carried feveral yards. before he could extricate 4imfelf
by plunging. In the effort the rider was thrown.—
The bode 'was conveyed to a neighbouring (table,
where he was attended by a veterinary furgeon. For
fourteen days he could not lie down, and in endea-
vouring to obtain fome repo& on the fifteenth, be
broke the thigh and died.
Metfis. ERSILINR' WOOD, and Maaevevr. dif-
elated the faits of the cafe, and faid that it was
wholly owing to the fault of the carman of the De-
fendant that the accident happened s they proved
the boric to have coa the owner 46 guineas, and for
this amount the anion was brought.
Mr. Gaetano, and Mr. ESPINAM, for the 'De-
fendant. Rated, that the fervent of the Plaintiff was,
on the wrong fide of the way; that every country
bumpkin who came to town with a load of hay knew
fo much of the law, that if he west on the improper
fide. and his cart were cruthed to pieces, or his
harks to death, he or his wafter mnft fubmit to the
confequences. There familiar lines will be reconciled:
The rate of the road I. a paradox quite.
LI driving your carriage alert;
lf you tarn to the left, you are fare to go right.
Dot it yours now, you go wrong !
Lewd E LLLLL oaotion--si The quellion for your
confideration is, if the damage which has happened
was the refult of mere accident. or the fault of the
Plaintiff's of the Defendant's fervent ; and this will
depend upon the credit due to the witneffes. OD the
fituation and Ilibliquent movement of the cut.
Vet ict cur the Defendant.
CAPS V. DYSON.
Mr. Entente Rated this to be Rion to recover
In damages, compenffition on nt of libellous
words uttered by the defendant o and concerning
the plaintiff. The parties, he faid, are hoplaftors,
and perfeelly refpatable ; each of them had received
from a Mr. Dalby, a hop-grower, too pounds weight
of hops, and the plaintiff fold the lot fent to him at
97 [billings ; but the defendant was able to procure
only 94 millings for his ; upon the owner converting
with him ott the lubjea ti that difference, the defen-
dant uttered certain words of the plaintiff, import-
ing that the plaintiff had not, in fait, fold the bops at
97, but had fold them at 94, and had cribbed the tell
out of the weight. Now this to a perfon in any kind
of trade mull be highly injurious unlefs it Wlll rt.
fated ; but to a percent in the hop trade would be ab.
("lute tMa if not repelled, becaufe there was about
that trade fomethi-g which made the public more
readily fulpelt fraud than in other trades. It became,
therefore, neceirary :hat the defendant thould retratt
thole injurious alpet irons, which he underhood him
in he difpoted to dn. That being done, the objeft
of the anion was attained, for there was no with on
the part of the plaintiff to bare& the defendant with
rindiftive damages. To do away,amequivecally, all
imputation of fraud in the conduB of the plaintiff
was all that he defired.
Mr. Cools, on the part of the defendant, faid his
Learned Friend, Mr. ERSAIRII had done the parties
inflict in this cafe. The defendant had brought
Mince(' into a dilagreeable fituation ; he thought his
Client quite wrong ; what he had laid of the plaintiff
was quite unjuaifiable, and muff be confidered as
highly offentive to him, for which the defendant was
now lorry. He thought himfelf very handfoniety
dealt by on the part of the plaintiff. Mr. Gina. ad-
ded, he always thought it better that apologies thould
he plain, candid, and unequivocal, when they were
made at all, not merely retuning what was
faid before. but to acknowledge at once the error.
and expref, moll explicitly concern for falling into
; for which reafon the defendant now pots-
(lc by l i.t, a. Cminfel, made this public acknow'

ledgment, and offerea this apoiogy, which he thought
the only effeCtual way of doing.
Mr. iirtsair a—The Defendant pays cogs as bee
sweep attorney and client, and fubmits to a verdict
for fol. Verdict for the Plaintiff I damages sal.

•
Era due anti berdri leeitionted. In the fubfequent!
admiflion no notice was taken of the &riot in the
Roth, nor was it proved ever to have been paid.
It being demanded of the prefent tenant, he refuted,
which gave rife to the relent action.
The Cam Buoy was of opinion that no ntw
copyhold, with fucks fervices, could be created at this
days but offered to referee the cafes but Mr. Gait-
ers*, for the Plaintiffs profeffing hinsfelf fatisfied
with the opinion of the Learned Judge— Verdiel for
the Defendant.
SMITH V ELKlll3.—This was the only remaining
caufe. It was for the value of a heifer which had
fallen Tame on its journey from Northamptonthirc to
London. At St. Alban's, where it was left behind,
it went wild, and was Riot by the Defendant, a
butcher, who, after its death, not thinking it good
enough for borne c,!nfunsption, kindly fent at to town
for the ufe of the today,. The Plaintiff demanded
twenty guineas as its value. While the Defendant
tendered twelve, the price it brought at market t but
the Plaintiff failing in foam neceffary proof, he was
non-fuited.

. .
a •
. . .
eas' ' - ledgment, and offiered this apology, which he dotted fiat due and berdri icc
LAB? INT It LI. IG ENC' . the only effectual way of doing. • admiflion no notice et
:• assouniaasw Mr. inesaina—The Defendant pays cots as bee Roth, nor was it pro,
COURT OF KlNci's Bt.NCH, JULY 4. Meer' attorney and cheat, and fubmits to a verdict It being demanded of t
TAYLOR V. NINCILS. for soh Verdict for the Plaintiff 1 damages soh which gave rife to the
This was an Winn for Slander. The Plaintiff is; an The CNIIF Buoy
Attorney at Dunchurch, in Warwickthire, and the ASSIZES. copyhold, with fuch let
Defendant a farmer in the fame neighbourhood. The At Abingdon Altus the trial of Mary Cramer, for day. but offered to ref
words proved to hevebeen uttered were, "You have the murder of her female baßard child, was put off an*, for the Plaintiff
but little bofinefs, and you will have lea- You are a on account of the abfence of a material wltnefe with the opinion of the
blackguard." jobn Head, charged with Healing from the perfon the Defendant.
Lord E 88888 OtODON Paid, that nothing could be of Richard White, a corporal of marines, on the SMITH V ELKINS.—
more valuable than character; and when an honeft King's highway, a leather pocket-book, containing "rife. It was for the
MAD'S reputation was affailed, he owed it to himlelf various bauk-notes and forte flyer, was acquitted cf fallen lame on its jotter
and to fuciety to vindicate it ; but it did not thew a the highway robbery, but found guilty of grand lar- London. At St. Alta
confcious dignity of charaier to bring an anion, cent', and fentenced to be tranfported for (even years, it went wild, and wa
and leek damages in a Court of Juftice fur fuck words Robert Andrew, for Healing about a gallon of oats butcher, who, after it
as the Plaintiff complained of. ' out of the liable of Mr. Thomas Rudland, of Maiden- enough for borne c-tii
She Jury found a verdict for the Plaintiff—Da- head, vias fentenced to fix months imptifonment. for the ufe of the coda
mages Um Shang. HIRI.TORD, MONDAY, Jose 16.—This day the twenty guineas as its
.
tutor 7.-1.111411 V. 118C1111 AND 11 88888 . Home Circuit commenced at this town, before the tendered twelve, the pi
This was an affirm for an affault. • Cain Beams and Mr. Baron HOTNAM, The Learn- the Plaintiff failing in
Mr. EMIR' Rated, on the part of the Plaintiff, ed Judges arrived in town about twelve o'clock, and non-fuited.
that he was a Sheriff's Officer refiding in Carey- immediately opened their Commiffion and went to ca
ftreet, and having an execution againft the Defeo- Church. Returning from thence they proceeded to On the Crown Sidi
dant. hirCan's goods, he took polliffion of them.— bufinefs. meats tried, both of w
While in this Situation, he was decoyed by the Dcfen Thefe Affizes in general do not furnifh much mat- not worth reporting ;
dent's out of M.Can's hook. and brought to ano- ter, as from their vicinity to London all anions the Mina coded.
Cher, where he was to well plied with brandy infide, which are not local are in general tried in the me-
by Brandy ou;11,1c, that he became very much intoxi- tropolia ; but at this moment they are more than SURREY GENERJ
rated. As be flaggered through a dark lane in his ufually Mediae in intereft. There being but five Nswiscrott, JULY
, way home, he was befet by the Defendants, who caufes entered on the Civil Side, of which three only pan were indiaed
knocked him down, beat him till he was fenfelefs, and were tried. On the Crown Side there were only two i'Avib, the property of
in this rititAtion put him into a cart, and fent him indictments, long trial wete found
borne. The Defendants pleaded, in jultification, that CIVIL SIDE. to be insprifoned for fi
the Plaintiff was condoning hirnfelf indecently to. TILL V. CADDSLL.—Mr. GARROV7 Hata, that this George Xing, for fte
wards Brandy's wife, and that they gently laid hands was an anion brought againft the Defendant, who
errs of Excite ' • and ti
coo him. When Mr.Erfkine had finithed his Ratement, was a mere nominal Defendant, being a Meffenger were ordered to be in
• Mr. Glass, on the part of the Defendants, Rated of the Commiffloners of the Bankrupts, to try a quen
to the Court, that the Defendant, Brandy, and his tion of bankruptcy. The Plaintiff was a molt re- Benjainim Pearce,
con fo
wife, had commenced an alien in the Court of Com- fpeaable man, the Mater of an Academy at Penton- Gray ; but in fec
mon Pleas againft the Plaintiff in this anon, and it vale, who formerly had under his care a young man Oen him by hi. mal
would be better at once to put an end to all matters of the name of Pollard. To this young man be be- lenience of two month
of tqfpote between them. came very much attached, and tilled towards him Remy Gray, for anti.
Lord E LLLLL ortouou obferved, that it was a witira friendlhip very uncommon to be found. He platy of Llawellyn In
el- a .k< n quarrel, and not a fit gore to come before lent hinrabove 13001. with which the young man Martha Reell was
a Court. took two farms in this county, one called Organ's piece of milled money
The panics then' agreed that a Juror Should be Farm, and the other Tikewater. As a fecurity, he ing to be the current
Withdrawn, and all proceedings flayed in the Court took a bond and warrant of attorney. Finding that. knowing the fame to 1
et Common Pleas. he was likely to lore his money unlefs he put his Mr. hiciaitis open
301111 VIVIAN, VDU V. WV. NULL fecurity in execution, lae entered up judgment, and a very humane way
The Plaintiff, who is Solicitor to the Excite. was rued out a writ of Fowl Ferias. His former pupil this defaiptimi had it
riding. attended by his Servant, from his houfe in Lin- and his friends immediately fee their heads together require the moll vig
-L-soln s Inn Fields, to the Excite Office, in Broad- to defeat his remedy, and the plan that they hit upon of the Mint to fuppr
arena. The matter had palled, onward op the new was to trump up a bankruptcy which Ibould over- Its progrefs. Thoth
greet -called Skinner Rreet, riling from Holborn- reach his title The Learned Connie! admitted, that nerally used to put tl
• bridge, while the tei rant was attempting to difengage if a fair aft of bankruptcy was committed prior to tion were become fa
}flail& from a throng of carriages at the end of Fleet the execution of the Plaintiff, that, however hard it athliged, to carry on
Market. The cart of the Defendant Suddenly turned might be, hit client mutt lofe his remedy, and come young bays and girl
round, the (haft entered the thigh of the Suddenly
in gari pen with other creditors. The anion as he loner at the bar, to d
bode, and in this dreadful fitteation the animal was had before flared, was fur a ttefpafs by the Meienger prefs for a heavy pt'
carried Several yards. before he could extricate nienfelf of Bankruptcy feizing thefe goods which the Plaintiff laid in the mildelt wa
by plunging. In the effort the rider was thrown.— had before taken polleffion of under his writ of Fieri determine by their ye
The boric 'was conveyed to a neighbouring (fable, Fader. It was for the other fide to prove the an of the prifoner.
where he was attended by a veterinary Surgeon. For bankruptcy; he Should only in the firß inftanccprove Mifs Adams. Mrs.
fourteen days he could not lie down, and in endea- the feizure. Severally examined, a
vourine to obtain foam repo& on the fifteenth, he The Under Sheriff of the County proved tliat the the Shilling charged
broke the thigh and died. goods of Pollard were taken in execution at the fuit being found upon het
Mef(rs. ERSLINt Worm, and Maaeverr, did- of the Plaintiff, on the nth of February lan. It was home to the prifoner
elided the faits of 'the cafe, and Paid drat it was alto proved that the relent Defendant had entered Mr. Powell from t
wholly owing to the fault of the carman of the Ds- as Mellinger of the Commiffioners of Bankrupts. fhillings produced I
fondant that the accident happened : they proved Me; Serjeant Sn n, for the Defendant, Hated, counterfeit.
the boric to have eon the owner 46 guineas, and for that although it might be a hard cafe on the Plaintiff, The girl obferved,
this amount the action was brought. yet, if Pollard had become a bankrupt previous to his gaged her to pats th
Mr. Gautier and Mr. Esau:aimm, for the 'De. execution being levied, he mat only there with the was to give her Come
fondant. Rated, that the fervent of the Plaintiff was other creditors. He admitted that Pollard, as a far. Sentence to be imprif
on the wrong fide of the way; that every country mer, could not be liable to the Bankrupt Laws; but Am' Price, a very 1
bumpkin who came to town with a load of hay knew if betides being a farmer he alfo dealt ,in other arti- pearantei was indict
' Co much of the law, that if he went on the improper ales, and in any degree
fide. and his earl were milled to pieces, or his then he became liable to thole laws. He Should of wearing apparel,
barks to death, he or his wafter mull Submit to the prove, in the prefent cafe, that Pollard dealt in bay her migreis.
confequences. There familiar lines will be recondite!: and cattle. not only as a farmer for the ufe of his It came out in evi
71e rate of be road t. a paradox mate. own farm, but alfo as a jobber; and be Should prove cutrix, is of eafy ace
113d:ivies soar carriage alone; that he had been guilty of a mot unequivocal aft
lf you tarn to the left, you are face
ts o go *by the prifoner was in t
of bankruptcy, for betides his farm, he held a place years, of an attendai
&Ulf raw nos, you go wrong
• Lord E LLLLL oaounti--" The quellion for your in the Cuftom-houfe, and a brother clerk would prove mull be obvious; he
coufideration is, if the damage which has happened i that be was frequently denied to his creditors. Theft in the fermi, it apt
was the refult of mere accident, or the fault of the fall. he Cant, would entitle him to a verdict. with a villain who p
Plaintiff's nt the Defendant's Servant ; and this will The Commiffion of Bankruptcy was put in and fence, the fubjea of
depend upon the credit due to the witneffes. on the read. It was dated May 5, 51304. It was founded Seven witneff„ foi
fituation and fubfequent movement of the cart, on a joint debt of a Mrs. Wood, the aunt of Pollard, the unfortunate girl
I
Vet die't tut the Defendant. Edwards and Co. brewers, in Gray's Inn-lane, and guilt. The Jury foi
CASS V. DYSON. Whitby and Co. coal-merchants. Chairman, after a
‘ Mr. Ensue' Rated this to be(Rion to recover To prove Mrs. Wood's debt, T. Watfon, an up- that fueh a young g
In damages, compenlition on oat of libellous holder in Parliamennfireet, was called, who proved as to commit fuch a
words uttered by the defendant of and concerning that he appraifect goods from Mrs. Wood to Pollard, to be tranfported foi
the plaintiff. The parties, he Paid, are hoplaaors, at a houfe in Pentonville, on the Ilth of December, There was anothe
. and perfealy refpatable; each of them had received 1798, at the fom of 1411. 535. bing another Lady
. from a Mr. Dalby, a hop-grower, too pounds weight Clerks in the other two creditors' houfes proved nut tried upon it.
• of hops, and the plaintiff fold the lot fent to him at their refpellive debts, fo as to make up the joint debt -
97 millings ; but the defendant was able to procure more than sod. as requited by the Bankrupt Mts.
only 94 Shillings for his ; upon the owner converting To prove the trading, Pollard's father was called ; A complaint was
Gla
with him on the lubjea ti that difference, the defen- he Rated that his fon had purchafed hay at three Peace in ow b ,
dant uttered certain words of the plaintiff, import- feveral times, which he had cimvetted into chaff and in that town, againli
. i
ing that the plaintiff had not, in fait, fold the bops at fold at the London mar kets ; that he had bought into a combination
97, but had fold them at 94, and had cribbed the tell heats and Sheep to fell again ; that he had once wages,by attending
out of the weight. Now this to a perfon in any kind bought coals which he fold again. letting money to fop
i of trade mutt be highly injurious unlefs it TM re- On crofnesansination he admitted that he was an till Such advance wa
fated ; but to a perfon in the hop trade would be ab- uncertificated bankrupt ; that the coals were fold to An of Parliament,
(lute sumo if not repelled, bemire there was about Pollard's brother-in-law, who was alfo an uncerti- fent MAJESTY'S reip
that trade fomethi-g which made the public more ficated bankrupt; and that part of the cattle were very fevere punifbn
readily fothea fraud than in other trades. It became, &cep, which were kept on the farm till they lambed, The Jullices found
therefore, nectirary :hat the defendant Should Tetra& before they were fold. of them, who had
thofe injurious afpet nuns, which he underftood him Harvey, a Clerk, in the Cullom/mule, proved that combination, and I
so he difpnfed to do. That being done, the objet Pollard had denied biadelf to leveret creditors. the tolbooth of GI,
of the anion was attained, for there was no with on Mr. Gamtow, in reply, infißed that the whole of the other for 14 da
the part of the plaintiff to hare& the defendant with this bankruptcy was a fraodulent (theme to defeat expeaces.
vindiaive damages. To do away,•unequivocally, all the Plaintiff of his remedy, and defcribed Pollard A wife of a She
imputation of fraud in the condua of the plaintiff as born in infolvency and bred in bankruptcy, and Thurfday nighi, v
was all that he &fired. that this trio of bankrupts had combined to cbcat abfence of her tins
i • I Mr. Goias, on the part of the defendant, Paid hi, the poor honeft fehool•maller. of a Soldier of her;
1 i Learned Friend, Mr. ERs"" had done the parties The Learned Judge fumrned tip the evidence, and cac,efs, mid were a
• "wince in this cafe. The defendant had brought left it to the Jury to determine upon the petitioning he procured a did
linden* into a MI-agreeable Situation ; he thought his creditor" debt and the ails of minting.— Yertha fir unmercifully. Hi
1 i Client quite wrong ; what he had (aid of the plaintiff the Pl4;.tif. alarmed the neighb
was quite unjuilifiable, and mull be confidered as Linux v. KINDFR.—This was an anon by the about the Tonle a
lit
highly offenfire to him, for which the defendant was Lord of the Manor of Childmill, for the value unwary offenJera i
• i now forty. He thought himfelf very handthntely of a gelding. The real queßion to be tried was, incumbered by drt
• . dealt by on the part of the plaintiff. Mr. Glass ad. whether he was entitled to a &MI upon the death of in tow, but the Sol
ded, he always thought it better that apologies Mould the tenant of a certain meffage within the manor' watchman refeued
he plain, candid, arid uneeptivocal, when they were By the evidence of the Conn [Colts it appeared, Woodsy as three
il made at all, not merely retraaing what was that on the :nth of July, i7sa. a man of the name well-dock.the rope
* • laid befcrr, but to acknowledge at once the error, of Rowlfon was admitted to a po.ce of the wade of gave way, when d
and eaprefs moil txplicitty concern for falling into the manor, to hold of the Lord, according to the of the Duck. cm,
t ; for which rcafon the defendant now pot). enn^i.s el the manor, at fire 16,11111 gs rent. tu-oe another died yeti('
c'.7 by hi r., as Coonfel, made this pnblic acknow, i when it Should happen on other fervices therefore sto recover.