Star.
London, England, 1828-01-18 00:00:00

NAVA!. INTELLIGENCI.

. . •

The 11. to. llEvrra, laden with coAl and iron, was %Wyss so
apte as • rower, on the I 2rtt inatant„ wi•bnot :my prINHI nel. 16"141.
The Liar I ?nod t., from London to Tr neriffe, wat run down orf
the rOrh inc. off Scilly. by hit' rtlairoWs .hir crolliet•. err's/4A**
The Mary, A num from Prnew, or.,s totally lost at Gosesorey.,
DIA L. JAN. I'7.—Wind S. by E...-Arrived front London, -Ai
CCP!' a, WA RNZ It, for ilontuty. • • • ,
l'ton•sasom H. JAN
.1 7.. ,i.- WK.( S.S.R.--.Arrived front London
thr Sarah, Bat IMMO, for Idevrfoundland, With deniage, and lati of
anchors and cables. ' ' - • - •- " * • * •
1:A1.3101'711, JAN. 16.—Wind 5A.W..../ItOrpdbia Ilrhissty's skip
Braver, front Jamaica; sailed stb Decembet_,_. On the 6th Instant;
In a heavy gale, threw her guns 001+4014e lillwAibilitilier packet
arrived at Jamaica on the ssh.Detember.. 0, .. ~.
l'sviromu, JAW 16.—Wind S. and fLgEr—Areitsol Ms Ma-
jesty's brig Conflict, -WARIKIICLO, 'front Sierra loom ;. sailed All
December; towed into port, by the Kent,.frons-Deraesarap,rigli'
loss of foremast, maintopmast, bowsprit, and rwkdai, ahin
thrown overboard. On the 10thiaritrity she'risifteeen, off
the Lady Dundas, from London tq Toositiffs.erow taken on
the Conflict. Also arrived the Ken:, Beiraurr, from Dementifi,
moiety/hat leaky ; Active, Cots,' Wont Lisboa, with 100 of malls.'.
boom. and sails split; Hie Admiral—illailis, from St. !FR---.-- to
klarreines, with loss of mainmast, he. and the lunge Harriet,
front Antwerp to Marseilles, with Mils 'spilt, and 'inky. The
'Memnon, Kr MIS, has pot in, with lots of bolwarks, andsails split,

PROM THZ PLTDIFOCITH JUVRHAILI Doc. IC
The Conflict, 12. gun brig, Litutenint Warmness (Att.) earn;
in yesterday front the cow of Africa, with loos (*fore and mtdoti
mast, topmast, and rudder, having lost them by running fool of the
schooner Lady Dundasi of Newbury, in the hurricane of Saturday
night. The Lady Dundas was on a voyage from London to Te-i
neriffe, with a cargo of ;corral merchandize, and baying brought,
to 'in the storm, was lying in lat. 49. 32. long. 6. 15. under bare
poles and trysail, when the Conflict came stem on upon her bow,
and cut her down to the water's edge. In the shock the Lady
Dundas tore away a bower anchor of the Conflict, and dragged ant
with it. the chain cable. By this accidental occurrence the Outlet
was saved from destruction; for, thus mooted to the wreck of the
schooner, the cables nf whith proved true, she-rode nut the hurri-
es le. The Conflict last a midshipman and a seaman by the acci-
dent, but she took on hoard stakly the whole of the schooner's crevr,
and has brought them into this port. The schooner, on befog freed
from the brig nest morning, diaappearei; the Conflict was towed
into this port. the Conflict reports that the Redwing, Is, Captain
D. C. CLavutisto, was lust on the Coast of Anita, and that all hands
perished.

NEW YEAR'S GIFF FOR THE •WOOLWICHRR9.

(Arita TIM .MANNER OF MR. D.)

If hospitality consists
In wringing hands, and shaking fists,
The Woolwich Denaies shine ; ,
But, Woolwich gentry, let me tell ye, • ' '
It doth not suit a London belly • _
On sticb light fare to dine!—Etizmirrn lE—* 1!).
Artillery place, Woolwich, January 11, 1828. •

. .
;.A,...11Tp
;...4.00..51.1.1fE...
..14CE....
.._
...,
H .. MVP! OF SlJAll9:itt .JoTraiff W.: . •
,•:: • • . -' •' • alba Ai g• Asea4)!*: c ;.•.! ri.._..i. •
-.ll4.l3icinutssitiar.-asogagigtat- tbtf4l3lo • *TARA
sokrit
bi'llt •bbellY to fikeit repligalitioin three. a bill
At' ai Mod fa the specific pitforM•iinCe lin agreement
("r a kasisaiiiiitostiy an elocution which had been ob.
ia;ned at law. The proceeding. t. ent on to that point itt
a hid) the plaintiff Shoold have replied to the defendant's
answer: -*the talk stil,.wed•for doing this by tbepriait.
of the Court had been suffered to elapse, and the defend,
eat 'coi.ordingly got the bill dismissed for want of a
repThcarion. The reason given for ibitraeglect was, that
.same dissen.ions isinriag taken place amongst the plain-
tiff"; morales; *rho were
_partners, the suit in question
had been forgotten. Mr. Nliehael, the partner on whom
this' birsiness deonited, 'supported this statement by sin'
davit, and. took upon himself ell the
,blame. An appli-
cation was made- to the Vice-Chencellor, who refused
to snake say order, and the Dißligt. was therefore brought 1
before his Loectsl44 . The Leproed.Counsel letu.a.ilbat 1
it was a case in which, upon payment.of cots; a* PaTtir
mairfng an involuntary, default ought so he at lalsiety, to
re-instate the proceedings.
Mr. SCGDEK and Mr. Cos opposed the.motioq, and
contended that the negligence of the attorney ought to
bind the plaintiff".
The LORD CHANCSLLOR, said the rule at common
law was, that upon a party who had made default in
any stage of the proceedings before trial, explaining the
cause of his default to the satisfaction of the Court, and'
saearing that he had merits, and on his paying costs,
was permitted to amend his error. He thought the
same rule ought to prevail in equity, and he therefore
ordered that the plaintiff should be at liberty to reply
in this case on the same terms.

CONDIT AND CIABIT.
Counsel were partly heard in this case, which bad
been also heard before Lord Eldon; but the parties not
agreeing to take his judgment after he had retired from
office, although he was ready to have given it, it be.
came necessary for the present Lord Chancellor to have
the case se-argued. The question is, whetlier a 'woman is
barred giber dower, het jointure having failed through
a &Tr ct in her husband's title ? The discussion was not
Iti.shed when the Court rose, and was ordered to be re-
attned to-morrow. ,
• 'COURT OF KING'S TSPNCH, JAY. 17.
' Shrines before Lord • Tinertoleir and Special Jades.
TN* ICING v. 11021IRT TAYtellt Ann OTHERS. .
This case being appointed-the first for trial this morn-
ing, the outereloors of the Court were, some time before
the usual hour of their being opened, beset by a crowd
Of the ft lends and followers of Taylor, and the gallery
was filled soon after admittance was obtained. The
proceedings, however, appeared to excite very little
general interest.
The defendant Taylor and his associates entered the
Court about half-past nine o'clock, and rook their seats
on the form immediately under that occupied by -the
King's Counsel. • .a. X .a •••: •—•
Ata queries before *Loa Timterden tuck his sea;
on the Houck and the ease was immediately called
The 41 Jury list being called user, seven Jurors
to their names.
The riffle& of the Court then inquired of the Attorneyj
General (who with the Solicitor General autithree or,
' four other Cortese!, were retained for the prosecution),
whether he would pray a tales.
The Aihrortecr GZNERAL, after conferring for a few
minutes with the other Counsel (among whom were tees!
Recorder -and the' Common Sergeant), said, that he and
his Learned Friends thought,,, that as the case wis one of
steroidal-able importance, it ought to be tried by Special
Jill., and therefore, with the leave of th-e. Court, he
nroilld decline praying a tales.
Lord TEN'INRDEN—Oh, very well; then let it be
postponed.
The defendant Taylor here rose and said, " My Lord,
I object to its being postponed. lam ready to take my
trial now; and shall be perfectly satisfied if the Gentle-
men now in the box be empannelled. My Lord, I will
pray a tales, and I beg leave -to demand spy tight to
he treed.
Lord TENTERDEN—IIice you the King's warrant? I
have no power, otherwise, to go on with the case.
Taylor—My Lord, such an atrocious system—
Lord TENTERDEN—Don't talk to me about atrocious
systems; I tell you; you can't have the case tried without
the King's warrant. I know nothing übout atrocious.'
systems. The case is regularly disposed o'. -
Anorber of the defendants here rose, and with much
vehemence said, " My Loid, Special Juries are contrary
to the constitution of the country."
Lord T6NTERDESI—Pray, Sir, don't tell me about
Special Juries being contrary to the constitution of the
country. They are established by Act of Parliament.—
*Let the next case be call d on.
The Jury then left the box, and the defendants and
their friends also withdrew. A few minutes after, a
note was handed up to, the students box, in the follow•
ing words:
" TO THE RETORTERS. •
Gentlemen—T am this Insiant c..ing in tire Mansion lcruie, fog
a warrant against Alderman Atkins, Urown, and the City Solicitor.'
" ROBERT TAYLOR." •
'Re indictment cannot he tried at the present sittings.
MANToN V. MILLS.
•
This was an action by M. Joseph Manton, the gun
maker; of Hanover square; against the defendant, -a
j;un maker residing in High llolb rn. to recover corn-
pnsation in damages for an irrjur y done to the plaintiff
'try the fraudulent. expot,tation of et vain fowling pieces.
and pistols uithAie name of the plaintiff, which
were not of his manufacture..
Mr. CAMPEELL 'stated the ea... In, May, 182.4c:a
large quantity fosang pietiesandpistols was shipped-
by. the defendant, mid.tac kpasombi.to be exported
to India, According to . the regulations. of the East
-India Company, such articles could not be exported
without the permission of tfre Directors, and a value set
upon the property by the party exporting them. The
value set upon the fowling pieces and pistols by the
defendant was suth, that cre of the searchers at the
Custom house, whose •doty• it was to examine.* arti-
cles, suspected that they
,could not be of the plaintiff's
manulactute, though they were 'molted with his name.
He accordingly made a comritimicatfon•lttillie,plaintiff,.
who, accompanied by Mr. Mertimers Mr. Bond.: and
seismal other gun-makers, went so the Searches!, Of
and inspected the articles. . They. were.found to be of *
spurious manufacture, atrd the plaintiff encleavoitrid to
prevent their exprirtation,*but without successomil they
were subsequently taken to 'lndia, and- *old's' articles
.of the plaint ff's mantifacture: A •groster. 'fraud :than
this, he (the Learned Counst-1) thought, esuld not be
well conceived; Ind as .the facts would be clearly
proved, the Jury would have nothing to• consider but
the amount of compensation dr?), shotrld award to the
plaintifffor the injury he-had sustained. - •
Mr.*Challes Manton, a sonof the plaintiff, stated.that
the Cowling pieces and pistols made by his father were
marked with his name and place of abode. Ili: father
was in the habit of exporting a considerable quantity of
' double and single fowling pieces, pistols, and rifles, to
the East Indies, where, prior to the introduction of

-~.- _

eticles of that kind-of is minus manufpcspreithete ass
e considerable demand*fdr i1ft.:,1014,4P..18e4,' %elf-
hess eels to India.th ityaleavmrtAtiattle..ilt *op to the
numerous frands tbaess.erotthen.49lS-Ofctirrel, ket•V:Pg
.and pistols, havieg.yeturefl immerge: !elicit teopec.trit
the spurious at tide's. On brs 'orgies!: ip fritli,4,)okii rid
. •
. .
a great many towling,piettapanceet 13
.. ; s
ral ,inufactott unsold: Wittik took-aut."; ) , 'O'
~,!„able 4uaniity of Oftleeergefels: fire $ 1 find
'a ready sale. TheiterpsAftVider4to4 an r t en:.
.
'Crotoreaamined.`4 iheprZWltllift) ff.,-41Y
father was a bankinptio 181D5,:mt.iiVe,trwil ettilohn
Manton ; he is a gun crakes'; ithdolimtintl?.) ' .street:'
, Henry William Mason, b;;Cletkntn. kW, offs
Office; East India House, pionlapsdatp yi. etson,OCthe de-
• .
tiot
fondant to the East India Conlon, !,,.. Ise Hay.
'1824, praying to, be tellcus in *Apar" , kering
pieces, SO pair of pittols,6o,oo23g4n.iffnstioxod,e,quan-
tity of regulation awned,. :..,.The,Attnetakttveg'shit-ille .
defendant had,beeiiin,tho. bakr,o(,,e;pordpik.fiieirme
to the East Indies prior tot" 3; , i 13 1 :.'
William Ityde, one 'of the searcht9i,ottjheektuurt
House, examined the *ides in Anett ion... IW.It/iris
11 .topped them, considering' .104:14 shill. vitt* sit
upon them, that they were not of the idaiitifo4ll-.
-infatuate; • .. „iYi-• •
... , - t - •
...:
'Williston Billing, an ofßeer frowi.thePiitif
produced a warrant for the Shipment Ofalit4ttlErb,-;
'Cross-examined—The defendantlapapprated:ks
the shipper. but I don't know, who,.tens., treat:tug
of .
.
the articles. • • - -
. ~ seater-4r 's CC
Mr. Thomas Moitimer,,t gon-trashes to tAiOn,..vis
present at the inspection of. the. foirlingtiec s,atid. pis-
,toli'at the Custom House. The.ihrintiff sais.elsotheits
The fowling-pieces and pistols,-which. had stein
the name " Joseph Manton, fasn doff," fern not of _the
plaintiff's make. They, wero of ..sexy inferior Menthe-
tore, as were- also son.e others, which had upon-thent
the name 'of Mortimer. There were three fowling pieces
of the defendant's_ snakethose were
.of very superior
quality. Thsy were of his best manufacture. .. - ..
Mr. William Bond, a gun-maker, .residing in. Hll-
- born, confit mod thetestimy of. the last witness. ....
, The ATTORNEY Geri:flax., in addressing die:Jury for
the defendant, said be would .sheir by the orinseeses
whom be should call, chiq the delenilet*lnitivithsiatiding
he petitioned in his own name tiieiport theAtticlei in
question, acted. merely as the agent of 7.01 i. Sumner,
who was Its die habit of epOritng article/fa:this kind
to India► for the purpnie of, lelling them there; The '
,tbsfertilant. never contentOitedefeilud ipsitettie Plaintiff.
and he.was-Mtne anxions.l.ltet
.the Jig,. 4soild beliefs:
tbisohan he was about any verdict."they might-ere.
To prove the defendant's case; i son of theilatendant
and several other witnesses were.examined. From their
statement it appeered,.,thit in,Nlay 1824, Mr. Thomas
Wm. Sumner ordered of the,.,doWdvint three guns and
37 eases, and requette4hitatranationcesnit. e exportation
!0 t4e.rkast Indies of :tb!O htii,,yme other attictes,
which he (Bnrenet) was limn to melting; that the
defendant !caving Fneiftedlo„ . ' Sumner afterwards
sp4
sent. to thedefendept a. y,_.. fowling pieCes, pistols.
and otlireaticies,'Fbiph,-.4owe eked up and shipped
on
.k4F4:ofityTtaitkisogo that the shipment wits paid
for by Mr. Suninet..,,..,ltin'irOss examination Mr. Mißs
stated thnt het ,frAja-Awnee.4, -.the plaintiff's name being
mat ked on.sObSe of. the' and pietots,whieh
he knew-to be spurious manufacture. The defendant
saw tlstiekelsnyanctaisisted in packing. them up,
James Perkins,a;deales in fowling pieces. stated, that
in 1824.hp:told to Mr. Sumner several fowling pieces
and pistols, which he had received from' Birtninghan .
Three or four otthe fowling pieces and most oft be-pivots
had the name of llamas •npOn..theal• . • 92Elt.Ler o. were
mat ked with. Me.- Plostixner's sietnnat,,ilVer. ,fie of
Birmingham manatictiite,bed heenopisered.frat Dir.
thinghain by witness, and had complain" t.lyitordiniry
way of business. They were ;hesaate,thatt444, been
stopped at the Cu9oin•klesebf-‘ i 4. 4. X . • tr, c• t• ,
Mr. CAMPBELL. 111. rept", obsetylato4aathevidence
of the last witness. showed -yi bat c1,ii91.1.41,91fr .6,10.147b,We re
practised on the London Amp: Attaktioi. I 44 teen
- •
cleat l'y proved, even by the defendalust tint% ,nottesses,
that the defendant was privy,. tot.mid essmed,m, the
commission of.the fraud nflsbjch tilafsuag,quipp)ained,
by procuring thee aratinghisaklfineAtiftsis:s-to bp. ex-
potted to India. :.. i • i••;muries ...., ~....:i '•
Lord TeNTERDEN. in summing up, said the qaestion
for the Jury to determine ~ wae„-wltether tft:V dptendant
had lent his name, knowing thate4)asid,waseisent to
be practised?, if they wew -pf qpission teat firs I:44the
plaintiff would be entitled tq,their.tveldistri,
....t
The Jury found a vetiliese.falt Iholllsitiriffr-Pfeeirgee
Twenty five Pounds.., -•:. •.- , c,..,' ,:,11... • -
Lord
.Tglaraanew. iaid, rkel :vmrPst ,roes be' taken
upon the third and 'fourth. oloOlnie4;4l,..titf declaantion.
which charged the ciefenchot with hay,laykt spotted tie
articles, and exposed them cur sale.in ItUriao, • •
After this case .bad been dispoted of, the eo, ptt..po-
ceeded upon Common Jury cases. .
• •• &SWAY W BRISTOW. . ..
This was an actien,te teepee r the sum .of 1504 upon a
policy of instnance.,..The444iptigorat the sxecutor of a
Gentleman of the.name ofßaekin, nho.wa,, master of
the ship Malta, upon which sktiosurance , bad -been
effected in the suns 01f....!,:tp1...af And front Lynn to St.
Petersbough, and. disiing Itet. stir at' Wiistol. It ap-
peared Abet- tbeahip.- alter.,seataiaing great injury by
tenspelanous weather; was ifsnally. lost at sea in a hurri-
cane.' The defendant!lsid:sunseribed.the policy tot' 1501.
. • After Three or gad 'vtitrieiselhea been examined,
. The, Astfonnty OgNERAL, ,who. appeared for the
defendant, sent• he would submit- to'a verdict for the
sum claimed, after der/tiding the plaintlF's share of a
gesse"ral astetage... , •.
...A verdict was then entered.* the plaintiff for 661.
-•-:• FLOOD AND ANOTHER V. GUTHRIE..
This was an action to recover the sum of 721. 16s.
beingthe ambunt of a cert tin commission, at the rate
of ore-half per cent. 4,n a sale of a quantity of Madras
indigo, effected by the plaintiff, for the defendant and
his.late partner AO the amount of 14.5591. Ils. 6d.
The Arroanzit GENERAL stated the case. for the
plaintiff. His clients were, until lately, in partnership
as brokers in, the city. Tice defendant, who was a
cominissioneilithatit,
was formerly in partnership with
a Nlt.Cluilmers, who was now dead. In Yebtuary,lB2s,
Messrs..Qtuthlie and Chalmers employed the plaintiffs
to.sell a quantity of-indigo. They were in the first in-
stance, authorized to sell only 5 chests; but they were
afterwards empowered to .dispose of a"much larger
quantity,' They effected die Axle, bit oil: delivering
their account to the defendant, charging the usual com-
mission, an objection was tnade, and it was stated, that as
three other brokers had. been employed to sell part of
the indigo before the plaintiffs had received directions
to dispose of the whole iif.ft; the plaintiffs must deduct
half the commission, as ilta;.:totter beakers would expect
to be paid that half.. Tbeatesers termed to do so,
o. knowing that n customs.. .4 tbir. city, Of London
that could warrant the delencliitiiscosisking such a de-
mand ; and the defendant Itivihethought:fitio refuse
paying more titan half the amount of the sum charged,
the plesent action was brought.
Mr. Henry; S:' Floud, a son of one of the plaintiffs,

.•II.I•

stated, that in February, 1826, a sale of 1021 chests of
indigo was effected by the plaintiffs for the defendant,
and his late partner, Mr. Chalmers, at Ils. 64. per lb.
Nothing special was inserted in the contract, which is
usually done when any deduction froni the broker's
commission of per cent. is to be made.
Cross.examined—The indigo was received by Messrs.
Guthrie and Chalmers from a correspondent of theirs
in the East Indies to sell on commission. I have heard
Mr. Perkin (my father's late partner, Who is one of
the plaintiffs in this action) say that he wished the
Action had not been brought. Samples of the indigo
Were sent to the three other brokers before we received
the order to dispose of it. It is not usual for the broker
who effects a sale to divide the commission with the
other brokers, unless it is specially provided for in tie
contract. It is, however, not unusual to make such a
contract. It is usual sometimes to receive half per
, cent. commission from the buyer, but we did not do so
in this case.
Mr. Thomas Taney, an East India broker, stated that
it was the custom for the broker who effected a sale tone•
ceive the whole of the commission, unless in the contract
an express stipulation was made that he should allow,
half to the ether broker, to whom samples had been
previously sent.
, Mr. Moses Lindow, a b'roker, gave similar testimony.
Witness was one of the three brokers to whom samples'
of the indigo in question had, in the first instance, been
sent. He had been paid nothing by the defendant for
commission, and had made no charge.
Mr. H. Realty, a commission merchant, had always
understood that the broker who effected a sale was en.
titled to the whole commission.
Mr. Wm. Cothie, a drysalter, deposed to the same

effect.
Mr. CAMPBELL, for the defendant, addressed the.'
Jury, and said he should prove that Mr. Parkin, the
late partner of Mr. Guthrie, had agreed to allow half
the commission to the other three brokers.
Mr. Samuel Rose, shipping clerk to the defendant,
deposed to a conversation between him and Mr. Parkin,
after the charge for brokerage had been sent to the
defendant. Witness objected to that charge, and said
half the commission must be paid to the other brokers,
to which Mr. Parkin replied. " It was a capital sale for
you, and you must not be too hard upon us."
Another witness stated. that he had heard Mr. Par-
kin declare he would rather pay out of his own Pocket
the sum claimed by Mr. Flood, than the action should
go on.
Captain Wallis, formerly commander of an East In.
da ship, spoke to haring heard a similar declaration on
the part of Mr. Parkin.
Mr. Patry, a partner in the house of Kymer and Co.
stated that he had heard Mr. Parkin tell Mr. Guthrie
that he was very sorry the action was going on. Mr.
Guthrie said " You might settle it by paying the money ;"
to which Mr. Parkin replied, " What can I do ?"
Cross-examined—lt the commission is to be divided,
it is usual to state it in the contract.
The ATTORNEY GENERAL having replied,
Lord Tearsanza summed up, and left it to the Jury
to decide upon the whole of the facts, whether the
. plaintiff's ought to have made the deduction of half
their commission ? The defendant had paid 361.85. into
Court, and. therefore if they. found for the plaintiffs,
their verdict must be for the other moiety.
The Jury immediately found for the plaintiffs—Da.
wages 361. Bs.
COURT OF COMMON PLEAS, Jan. 17.
City Sittings after 'Michaelmas Term.—Uefore islr.Justice Peas,
and a Common Jury.
BAIT? AND OT igits v. walnuts AND OTHERS.
This was an action brought by Messrs. Batty, Mel.
Till; and Co. wholesale stationers, of Aldersgate.strect,
against Mr. M'Cundie, who was described as being a
person of property, Mr. Butcher, of Snowhill, Mr.
M'Callam, an insurance broker in the City, and Mr.
Baldy, a linen draper, of Russell-street, Covent-garden,
to recover the sum of 2801.54 Id. for stamps and paper,
supplied to the defendants as proprietors and partners
of the London Free Press.
Mr. Sergeant ltutseLL, in stating the case, said the
plaintiffs' demand had been resisted on a technical, if
'not a dishonourable objection--namely, that Colonel
Jaoes, one of the plaintiffs, was a party inteteated in the
Paper. But he should distinctly prove that such was
not the case; and having done so, he had no doubt but
that the Jury.would return a verdict for the full amount
claimed.
Mr. Northbouse said he had been the Editor of the
London Free Press. That Paper was commenced on
the lith of. February, 1827, and was discontinued in
the following June. All the defendants held shares
in the paper. Mr. M'Callam, Mr. M'Cundy, and
Mr. Butcher, held a 100!. share each, Mr. lialdy
had a 501. share, and his wife another of the
same value. A Meeting was held at the Kendal
Tavern, Fleet-street, on the 21st of May list, for the
purpose of auditing accounts, at which Mr. Baldy and
Mr. Butcher were present, and Mr. M'Callam was there
for a short time. Mr. M•Cundie was not there at all.
Stamps and paper bad been supplied by the plaintiffs
for the we of the paper, but he could not say to what
amount. The goods were probably ordered by Mr.
Henry Loire, who was the nominal proprietor.
Mr. Justice Nag—What is meant by the nominal
proprietor ? Iv not the affidavit filed at the Stamp Office
sworn to by the real proprietor ?
Mr. Northhonse explained that, when the paper was
first started, it was intended that the shareholders should
be persons in "high life ;" but that plan had been re-
lirquished, and the distinguished rersons who, at first,
held shares, had withdrawn their names, and their shares
had been purchased by Mr.l.osve,who undertook the ma.
nagement.nf the Paper, and also to be responsible for its
eng agements,and from that time it continued in his name
as '1 he had been the sole proprietor. A prospectus was
inted, at the bottom of which was a manuscript note,
raeng that Colonel Jones, of No. 7, Upper Goucester-
street, Dorset-square, and two other Gentlemen, would
be et e Treasurers and Managers of the concern. Col.
Jones originally subscribed for two, shares, but he de.
c lined taking them,l4 days before the paper was printed.
Cress examined by Mr. Sergeant WILDE—He had
been a lodger in Mr. Baldy's house, and first named the
London Free Press to Mrs. Bally. At that time the
• names of several distinguished characters were named
as individuals who would support the undertaking, and
among others was that of Colonel Jones. At the time
be spoke to Mr. Baldy on the subject, it Was understood
that Colonel Jones bad two shares.. The prospectus
was issued eta Colonel Jones and the other individuals
he had alluded to bad declined taking shares. Some
words were written at the bottom of the prospectus,
purporting that Colonel Jones and two other Gentle.,
men would act as Treasurers and Managers of the
Paper. Mr. Baldy paid his subatription before the
Paper was first published, bet not till he felt assured
there vies every probability of its succeeding from
the support it was to receive horn " high quarters:"—
(1410 W Sone, had, in fact, emoted himself to advance
sate interest of the raper. Before Mr. Rattly entered
Ai* the •Oriecers, be was told that Coknel Jones and

the other Gentlemen 11-ad withdrawn themselves as
subscribers, but that, Colonel Jones would continue to
support it by his writings. Colonel Jones was intro•
duced to him (the witness) by Mr. Hume. Colonel
Jones said he would support the Paper for its political
principles. Colonel Jones never told him that he would
support it because he thought it would facilitate his
return to Parliament. Mr. Baldy was not consulted
as to the management of the Paper, nor had that Gen-
tleman written any leading articles in it—(A laugh).
Cross-examined by Mr. Sergeant Srsetia—ln
cember, 1826, he applied to Mt. M'Callam for pecu-
niary assistance on his private account, and it was then
he spoke to him about the Paper, representing it as
being likely to succeed. lie did not propose that Mr.
M'Callam should become a proprietor, as it was the
plan of those who had suggested the undertaking, that
there should be no partnership between the parties.—
Mr. M'Callam advanced 1001. and received a *limn
memorandum that he should not be called on for more.
When Mr. MsCundie and Mr. Butcher paid their money,
they also.received a similar document. Colonel Jones
saw the prospectus before it was issued, and made some
;iterations in it.
The Resolutions entered into at the Kendal Tavern
were then put in and read:
The first stated that 1,0001. more would be necessary
for the better conducting the Paper; which sum was
proposed to be raised on the shares of those who had
already subscribed. The second Resolntion declared
that a deed, such as should not create a partnership,
should be prepared and signed.
Mr. Northhoese re-examined—Mr. Baldy and Mr.
Butcher signed their names as subscribers to the addi-
tional fund raised under these resolutions. The MS.
note to the prospectus was taken in substance from a
note in the handwriting of Colonel Jone'. He had been
the conductor of the Glotons Free Press.
Mr. Parting, the plaintiffs' attorney, saii that he
was desired to apply to the defendants for payment
in October last. Mr. M'Callam called on him the
following day, and said he did not consider himself
a partner. He said he thought he (Mr. M'Callam)
was, and advised him to consult his legal adviser ;
and the day after, Mr. M'Callam called again,
with Mr. Butcher and his attorney, when they admitted
that they were partners. At that meeting it was
arranged that all the defendants, with , the exception
of Baldy, should pay their proportion of the demand;
and Baldy was to be applied to for the payment
of his share separately. The plaintiffs at this time held
• bill for 501. which 'Lady had paid for his shares; and
it was proposed that an action should be brought against
him for the amount. They afterwards refused to keep
their engagements, and then this :union was brought.
Mr. Northhouse recalled—He never tepresented Col.
Jones as a partner after the publicatien of the Paper.
He had never said he was a partner to a pet son named
Corder; but he might have said that Colonel Jones
would be a warm supporter of it.
Mr. Sergeant WlLoa, on the part of the defendint,
Mr. Baldy. said this was a case in which the plaintiffs
could nut recover. It was one of those instances where
great names had been put forth to the world for the
purpose of deluding the unwary; and those persons
having obtained their objectrthey crept out. and left all
the burden on the shoulders of a few humble tradesmen.
He did not deny but that the defendants must be con-
sidered as 'amulets, and liable to the debts of the
Paper to every person who was not aware that there
was a distinct understanding among the proprietors
themselves that they were not to be considered as
co-pattners ; and if he distinctly showed that Colonel
Jones was fully apprised of this circumstance, and was
himself a proprietor of the Paper at the tilne he was
supplying the goods, there could be no doubt of his
client's right to a verdict. He should also prove that,
after the publication of the Paper, Colonel Jones had
been represented as being a shareholder, although the
contrary had been staled by Mr. Northhouse ; and, in
addition to this, he should :how that the dfendants
never knew that Messrs. Batty. Melville, and Co. meant
Colonel Jones a co-proprietor with themselves until
long subsequent to October, when the interview was
had with the plaintiff's attorney.
Mr. Justice PARK observed that, if Colonel Jones's
acts wete the acts of the plaintiffs, he thought a fraud
bad been practised on the public.
Mr. Sergeant WILDE—Then, my Lord, I do assure
you that my instructions are that the defendants never
knew they were dealing with Colonel Jones till after
October last, and having made that discovery, they
thought themselves justified in resisting this demand.
Mr. Sergeant SPANK'S made the same defence on the
'part of the other defendants.
Mr. Corder, a tea-dealer, of Covent-garden, said that
Mr. Northhouse had suggested to him the advantage
of becoming a shareholder in the London Free Press,
and, after the Paper had been published, he (Mr. North-
house) told him that Colonel Jones was a partner. He
also met Colonel Jones at Mr. Baldy's house after the
publication, when he (Colonel Jones) said, " llow do
you like our Paper?"
Reynolds, an errand boy, stated that he carried a
bundle of prospectuses to Colonel Jones's house about
a week before the first publication of the Paper.
Mr. Sergeant SPANKIII put in a note received from
Batty, Melville, and Co. in which they did not treat
the defendants as their debtors, but applied to Mr.
Northhouse, the Editor, for payment of their demand.

Mr. Justice PARK, in his charge to the Jury, said
that the defendants were unquestionably liable to 'all
debts due from the Paper to parties who were not aware
of the arrangement as to the partnership. But the ques-
tion was, whether Colonel Jones did not set this Paper
afloat with the full knowledge that Mr. Baldy, and the
other defendants, were not to be considered as co-part-
ners? and if, at the same time, he was acquainted with
that fact, then, in point of law, this action could not be
sustained.

The Jury immediately found for the defendants.
111611 COURT OF DELEGATES, JAL 17.

The Cow t was occupied all day with the argument
in the case of 11 Clark and Clark against Dew" com•
menced yesterday. The argument is of exactly the same
tenour as in the Court below, which was fully reported
when the cue was heard. To repeat the whole of it
would be super Buoys, and to give a pat t of it only would
Ibe unfair. The hearing will probably last some days.
We shall give the result.
Dr. Patutuottz and Mr. KNIGHT were this day
heard for the respondent, and Sir C.'W/LTHERELL for
the appellants. W. LUSWINGTON and another Learned
Gentleman follow Sir CHARLES on the same side, and
the COMMON SERGEANT will reply on behalf of the
respondent.
•

Wednesday a little boy, named Brooks, who was re-
turning from school, was run over in Wild Street, Lin-
coin's Inn Fields, by a coal waggon, the wheels of which
passed over his head.
From the excessively wet state of many of the grazing
districts, the rot is expected to be very general among
sheep during the towing spring.