Star.
London, England, 1816-12-23 00:00:00

C. 'UR f OF KING'S BENCH. DECEMBER 21.

The Court was occupied dining the whole dly in
trying the common juries remaining upon the I) iper.

bN'AV V. ALLEN.

Till 4 was an avian for damages, the declaration I
complaining that the defendant had maliciously and
unjustly caused the plaintiff to be arrested on the 28th
of De__-tniber, 18i 3, and had detainal him inr rr;sva'
tin thiWth Yebt Uage 181.
The facT appeired to bi folliirvingT:Lthe
plaintiff is a Captain in the army, and during his
minority had incurred a debt to the defendant, a
tailor in Bond-street, to the amount of 198. After
he came of age, he acknowledged the demand, and
the def.ndant, not being able to procure payment,
arrested him. l'he father of the plaintiff, and a friend
of the 'lame of Mitchel, became his bail. and Capt.
Snow proceeded to his regiment on foreign service.
The defendant pursued his action, and obtaining a
verdict and judgment, he proceeded against the bail
for debt and costs, the plaintiff continuing abroad.
The father made a composition at ss. in the pound,
arid Mitchel went to prison, became bankrupt, and
WAS discharged under his certificate. • In the mean
time Capt Snow had been appointed to another regi-
ment, and he was proceeding to join, when on the
28th of December, 1813, he was arrested again at
the suit of the plaintiff, who was not satisfied with
the sums obtained from the bail. From Hastings
the plaintiff was conveyed in custody to Dover Castle,
from whence he was removed to the King's Bench,
and from thence was discharged on the 7th of Fe-
bruary, 1814, on application to the Wirt, and after
argument.
The ATTORNEY-GENRRALI in stating the plaintiff's
case, enlarged much upon the injury his client had
sustained by the unjustifiable proceeding of the de-
fendant in the action, after he had been warned that
the Court had decided against it. The personal in-
convenience was also very considerable, and the ar-
rest and confinement were injurious both to the plain-
tiff's character and promotion : what was most grie-
vous, however, to a young soldier.was, that by the
conduct of the defendant, he had been prevented,
froM fighting among his comrades at the battle of
Waterloo. Under all the circumstances, he left it to.
the Jury to decide what damages an individual so
harassed, persecuted, and injured, ought to receive.
Admissitme vrere put in, agreed to by both parties,
which renders unnecessary parole evidence, of nearly
all the facts above detailed. The principal admia.
mon was, that soon after the arrest of the plaintiff, in
December. 1813, the plaintiff's attorney wrote to die
defendant's attorney. citin.t many decided cases, to
slww that it was not allowed that a party should pro.
teed against the principal after the debt had been
paid or comciouuded for by the bail. The answer of
the defendant's attorney referred to as many autho-
rities the other way, which, it was conceived, justified
the proceeding.
The plaintiff's attorney proved the discharge of
his client on application to the Court of King's Bench.
The expense appeared to exceed CM
The case being closed, '
Mr. SCARLET? addressed the Jury for the defen-
dant; expressing some surprise at the manner in which
the Attorney-General had opened. He (Mr. Scar
lett) apprehended that the facts justified no part of the
pathetic appeal made to the Jury ; and least of all
what had been said to enhance the damages respect-
ing the disappointment of a young soldier at beinf
debarred from fightieg on the field of Waterloo.—
What had; in truth, detained Capt. Snow, the Lear
aed Counsel could not decide ; but assuredly it was
nut the conduct of the defendant ; for the battle die
not take place till June, 1815, and the plaintiff hat.
been liberited from prison nearly eishtsten morale

•
before, in tebruatt, 1814. He desirecl Jury;
should it come to the ttnestihrt of compensati,u,
measure the rest of the case by that standard. It was
clear that the defendant had rained nothing by the
steps he h4d been lei ally advised to take. etcerting
a•toss: I,r he was at present reith) on: of pocket;
besides the amoant of the origitril debt not covered
by the composititin fetid dividend of the !li!. The
Learned Counsel, Iri ATV:T. suinn'tted, erst, in point
of law, t! at the p:siiitifrcoit;e: n•tt tcc,rer, inasmuch
as it was alleged io the cleatration 6,d the arrest
and invrivlntnent hid I,et.n malicious, whereas no
malice had been ittternpied to he proved.
Tile A TrilltNßY rr. L. stihmitted, fiat it was
to be erassai orn the lac•c, more especially after the
notice which the p: tintiff's atruney had given, th:at
the defendant could not rnceed against the pr'ocii•Al-
Lord ELLENPlantifal was of opini,in that there
'might be eanagh to shcw neeligt nce and mis•Ake .11
the part of the plsor,titJ acid his atttailey tfe
ter of whom had been m'sled b- the an.htnities he
qpoted in his reply. There wait nor, hov.-ever, stA-
cient evidence to prove any triaiice on the tart of the
defendant, and the plairititr ott7q thet..otsre, to be
nonsuited.-.4ll4eplaintiff was called aceordittgly.

ItliOtiVENPMEl3l*Olts' Cr CRT, DEC.1.147..1tR 21.
~,,relfelirAL.rktl V. L1.T.".4.
The defentiam, Wiiram Henry 1,21,v:1, i p-ar!rits is
the house of Scholer aid Lewis, merchaats, !it Ham•
burgh, was opposed by Mr. HEATH. on thy part of
Mr. Frederick William Bc!rmaling, a tuerchaut, re-
siding in London
• Mr. HEATH rested his opposition entirely on a
clause of the last Insolvent Act, viz.. for haviii q con-
tracted debts without having the probable means and
fair prospect of paying them." He said tti.it his client
had received orders for golds in August, 1815, tg the
amount of between six and seven thousand pounds;
which was sent to him, and he sold them at Leipsic
,fair in January, 1816, at a loss of 40 per cent. He
was in a state of insolvency at the time he ordered the
goods, and by letters which were read in Court, he
informed Mr. Schmaling that their house was in a
thriving way, and Mr. Lewis knew very well when .
he ordered the goods that he had no probable meant
of paying for them.
Upon the examination of Mr. Lewis by Mr. Heath;
he stated, that the losses of the house of Scholer and
Lewis were to the amount of near sixteen thousand
pounds in about nine weeks, from January to Marche
1816, and their losses anterior and subsequent to that
time of tar greater amoutr.
Mr. DAVID PotaLocK, cn behalf of the insolvent,
contended that ha tv.v, nz.t insolvent at the time the
goods were ordered of the oppfising creditor ; that his
failure was owirg entirely to the teluctioo ot I.;..itiOt
Ig"ods in ...Ittir v ime in the Coorivelital mark..o, ; And
th it ;NIT-. Schmalie-; had nn fig!tt to arrest O.:o int•ol.-
vent ire Engl4ll4 ..tter iia..iog acceJed to hi,, di .
ch.trge at Ilan.;eurg!i, :oil had signed a dr,ClitliVlC
1 unit Aie test t• t tier rrectirors to allow threat to eoi;-

tinuc trading, as I.:squired by the law of. Ihniburgb,
after a bankrupfcy.
Mr. 6 erjeant RUNNINGTON was of opinion the plain.
tiff had a right to oppose, .
Mr. Pot:LOCK laid that his client was in the capons
0' t returiii4g goods to tt,e Mount 01 several hundred
thouansi per annum, yet because be had contracted
a debt of six thousand pounds with Mr. Saunaling in
September. 1815, he had run in debt with.,ut any
prospect of paying it. although, in the same year, be
had paid Mr. Schmaling more than thit amount for
g .o.th received from him.
Mr. St-rjeant RUNNINGTON said, that upon the in-
vestigation of the case, he could not see any such acts
of injustice towards his creditors as ought to be the
cause of his incarceration in a prison for five y. ars,
which, under the clause of the Act, he was Subject t.),
if not discharged. lie was therefore of ()pinion that
the insolvent was entitled to his discharge.
Strong expressions of appmbation \Pere manifested
in Court at the decistou.Thele were 35 cases on
this day's list. T.le above case occupied the time of
the Court so long, that all the cases were not gone
through. Tile Court thcrefJre adjourned to the 21
of January, 1317.

It is understood that Mr. Hicks, the Magistrate
is to be transferred irom Marlborough-street ()Ince to
Bow-greet, in the room of the late Mr. Mutes.

Ringwood fair, on \Medium lay last, was more fulli
attended that it has been for some year. past. Thera
were near 5000 sheep penn d, the greater part of
which were sulal, but at reduced prices. Fat cattk
about 20i. a head cheaper, and all other ankles ori
the same decline.

In the early pat of the Market. at Salisbury, osi
Tuesday, Wheat obtained a small asivatiee in price,
but belore the door it sold at our last week's.quota.
lions. The market was not so well supplied as it had
been for w.me preceding weeks.—Wheat, 78s. to I los.
Barley, T2s. td 725. Oats, 2bs. to 4Os.—Beans. 641.
to 82s.
Ac Arundel Market the prices were—Wheat, 4.21.
to £25. load. . o

,per
Chichester market, on Wednesday, exhibited the
largest supply of piluler beef ever remembLred by the
oldest butcher in that county, and not thin one
third, it is supposed, met with puraiaseis. The
highest price did not exceed 1,5. 9d. per stone for the
finest ox beef, and goo 1 heifer hardly reached 4i.
Mutton was plentiful, hut bale in demand.
CORN EXCHANGE, DK. `2:L Since last Monday.
we have had a large arrival of Wheat from Esser,'
Kent, and Suffolk, notwithstanding which our prices
are 6s. per quarter higher than on that day ; but the
sales were not so brisk to-day as on Friday.—We
have also had a considerable supply of Barley, the
best qualities of which article sold freely at last Mon..
day's prices, but the inferior descriptions mere dull
sale, at a decline of 12s. per quarter.—Oats are 2s.
:fearer, in consequence or the stoppage of exportaimi
, from Holland.—ln Peas, Beaus, and other articles,
there is no alteration.

i N G
1. 1
sC
mU
.11 12tu r rkx 1 cli Eisi.n.
1:111:tsoo::),,,14:1,(111:Lad,:.4.011::;2.0£73,6.:::
,p3t0r456.1:42,29 .
Wheat, Keay and Esse:, Ohl, I Oats, 1,,i, ais,e,3t:i 4es. 50s. Sts
10zs. 114 s. 'kn..
,uffolk, 108 s. fiBs.
i Rapeseed,
,Niarlolk, I uos. 1191.
dye, 655. 7lis. I Flour, 1003. tor... per sack.
lark7,ll4*Os
Hambro.or Breion, IOSs. lvls
f sonsiam.
O ak, 90s 98s. Wheat, Dantzic, I Its. 1325.
hire Peas, 70s. 784. boners, Ditto, Baltic Red, 108 s. 121.'5,
110 s. 84s
Brabant Red, 1080.1112 e
Rye, 80*. DOI.
insalrey Pb,eas.ans, 5:744. B.C7s.sh