Star.
London, England, 1827-07-03 00:00:00

•

LAW

COURT OF CHANCERY, Jams' 2.
HALL V. COOK.
Mr. SHADWELL Misted for an injunction to restrain
the defendant, a lace manufacturer at Not, ingharn, from
infringing a patent which the plaintiff had procured for
the exclusive use of a machine, invented by him, for
singeing lace by means of inflammable gas. The affi-
davits stated the invention by the plaintiff, and that sus-
picions being entertained b► him that the defendant
was using a machine like hit, he caused a search► to be
instituted. The persons employed in this search stated
thatthey went to the defendants house in Nottingham,
and that in a room at the top of the house (the windows
of which were whitened and obscured, so as to prevent
ny nee from the adjoining houses seeing what was
going on) they found the defendant and others at +cork
%with a machine of the same, or a similar kind to that
for which the plaintiff hat obtained his patent, and that
with this machine the defendant was singeing
Toe injunction was therefore granted.
COURT OF KING'S BENCH, Jour 2.
Mr. Jaltice LITTLIDALI sat at Nisi Prigs this morn-
ing, and tried several undefended causes, alter which
the four Judges sat ix bunco.
_ _

'The action was one of assault; and the Learned Ser-1
[rant bad obtained his Rule on an affidavit of the plain-
tiff, an officer of this Cents, who had been en3ployed to
serve between 200 and 300 notices of ejectment on the
inhabitants of Stafford and its vicinity, at the suit of
Mr. James Stamp Sutton Cooke, who claims the Barony
of that place. The fulfilment of this duty had brought
on the plaintiff the hostility of the whole town;
and he stated in his affidavit that he had been as-
saulted by the defendant, who, with many others, had
followed him round the town. from place to place
armed with pitchforks and halters, and had marched
him through the streets to the sound of drum and fife.
His affidavit concluded by stating, that such was the
general hostility of the inhabitants towards him, that
he firmly believed he should not be able to obtain a fair
trial in the town, or arty part of the county.
Mr. Sergeant TEDDY this morning sheweJ cause
against the rule, and producedlhe affidavits of the de-
fendant and his apprentice.- The former was a tailor.
Tho he (Mr. Sergeant Taddy) was Informed. had a
most invincible horror to any -sound that even ap-
proached to any thing like martial music—(A laugh).
The Learned Sergeant then read the affidavits, which
stated that the defendant had no pitchforks in his
house, nor did he ever follow the plaintiff armed with
ens weapon of the kind, and that he had several wit-
nesses to call, who were resident in Stafford, to whom
it would be extremely inconvenient to attend a trial at
any other place. Under these circumstances, he thought
their Lordships wnuld not be disposed to grant the rule.
Mr. Sergeant WILDS, in support of the rule, said
that the Under-sheriff and the Coroner were also de-
fendants to suits brought by the plaintiff. The former
of these was attorney to the defendant, and he and the
Coroner had the striking of the Julies who tried cases
in Stafford. It would be evident, therefore, to the
Court, that it was exceedingly material to the plaintiff
that the case should not be tried in that town.
Under these circumstances, the Court directed that

DAUNGET V. COLONEL BERKELEY.
Mr. TAUNTON moved to make absolute a rule Nisi,
tobtained by the Solicitor General for a new trial in this
cause, which our readers will recollect was an actiow
for criminal conversation with the wife of the•plainti
who was a clothier. The cause was tried before Lord
Tenterden and a special Jury, at the sittings after last
Hilary Term, when a verdict was found for the plain-
tiff, with 1,0001.. damages. The Solicitor General, on
applying for the rule, said, that the damages were so
large as to surprise every person who had heard the
trial, but he relied principally upon the fact of one of
the special Jurymen who tried the cause, Mr. Hughes,
being the assignee of the plaintiff, who was a bankrupt.
Lord Taerraanate, at the instance of Mr. Taunton,
read the report of the trial, after which the At-roe/mt.
GENERAL, Mr. GURNEY, the COMMON SERGEANT, and
Mr. CHITTY sheered cause against the rule, and con-
tended, first, that the damages were not excessive.
The wife of the plaintiff before her unfortunate con-
nexion with the defendant, had conducted herself in r
proper and becoming manner, so that no imputation
could be cast upon her character; she bad borne
the plaintiff children, and they enjoyed domestic hip-
piness. It was of little consequence to the plaintiff,
whether his wife felt a victim to the skill of the
defendant, and to his knowledge of the weaknesses of
the female heart, through the slow progress of long-
continued and assiduous attentions, or through the ad-
vantage he took of a sudden opportunity. In the midst
of his misfortunes, the only consolations the plaintiff
had left.were his wife and family t the defendant had
bereaved him of his wife, and the damages were little
enough for such an injury. With respect to the second
point, there were affidavits to shew that Mr. Hughes
was but a small creditor of the plaintiff, and that he
had before the trial assigned his debt; so thiit he never
had much interest in the estate of the defendant, and
had none whatever when he sat as a juror in the cause.
Mr. TAUNTON, Mr. BRoUGHAbf, and Mr. CAMPBELL,
in support of the rule, contended that the damages were
excessive; for that Lady not only yielded to the first.
solicitation, but seemed the more willing person of the
two, and large damages in such a ere had an immoral
tendency, as it destroyed the distinctions between right
and wrong—between the estimation in which a good
and a bad wife should be held. As to the other point,
Mr. Hughes was personally answerable for the costs of
the commission, and all the proceedings under the
bankruptcy, in ease there were not sufficient assets to
defray them ; and no assignment of his debt, or any act
that he could do, would free him from this liability. It
was clear, therefore, that he had an interest in the
amount of the assets of the estate, and it was impossible
to say that such interest had not biassed him.
Lord TENTERDEN, after consulting with the other
Judges, said that on the latter ground the rule for a
new trial should be made absolute, on payment of costs.
Mr. Hughes might have an interest as assignee in the
amount of the damages, and at all events he ought not
to have been on the Jury. It was of the greatest im-
portance that the administration of justice, through trial
by Jury, should be placed above all suspicion.
Mr. Justice BATLEY added, that the Court were not
influenced in their determination by the amount of the
damages, which they saw no reason for thinking exces-
sive.—Rule for new trial absolute on payment of costs.
COURT OF COMMON PLEAS. JULY Y.
At the sittings of the Court this morning, Messrs.
Sergeants Tann; Citoss, and WILDE were sworn as
•Ig's Sergeants.

HUSHING O. ROTHSCHILD.

.the venue should be changed to Warwick.
In the course of the day, Mr. Jtmes Stamp Sutton
Cooke made a personal application to the Court, to ob-
tain judgment against the casual ejector, on several
affidavits which he produced, and which were read by
the officer of the Court.
Oa three of these affidavits the Court granted Rules
to shew cause.
MR• COOKE:THE STAFFORD PEERAGE.,
Mr. James Stamp Sutton Cooke, the brother of the
Gentleman who-claims to be Lqrd Stafford, appeared
upon the floor of the Court, holding in his hand a large
parcel of affidavits, relating to a variety of ejectment
causes, in which he was plaintiff. One of his objects,
then was, to move the judgment of the Court upon
thirty of the casual ejectors. He had discovered that
the lands on which the town of Stafford had been built,
were held by the tenure, called Borough English ; he
then, as next brother to Lord Stafford, was entitled to
that property. He appeared in person, not having the
means to fee Clunsel, and he trusted that some Gentle-
man of the Bar would have the humaui:y to take up
biv cause.

tt the titl of this case, a special verdict was taken,
order that tie facts should be argued bef3re the

The LORD Cut.cr JUSTICE said, that the proper course
for a person circumstanced as he was, would be to make
an application to a Judge in Chambers, upon an affidavit,
stating himself not to be worth a certain sum,and accom-
panied with the certificate of a Barrister, that he had a
good cause of action.
Mr. Cooke then moved in person upon the affidavits,
which were read by the of i:er of the Court, but in only
three cases was the application of Mr. Cooke agreed to.
COURT OF EXCHEQUER, Jets, E.
The Lotto CHIEF BARON sat in Equity this d iy. The
'Barons Gar/ow, Hullock, aad Vaughan, heard motions,
but no matter of any public interest occurred.
• INSOLVENT DEBTORS' COURT.
The Matters of the Pirririess and Scnuoutts of the PRISONVIS
hereinafter-named (the same having been filed in the Court) arc
appointed to be held .at the Court House, in Portugal-street,
Lincoln's Inn-fields, on FRWAT. the 20th of July, at Nine in the
Forenoon.
George Schofield, Fernley Tye', near Huddersfield, clothier
Charles Bulsover, Staid.), Bridge, near Ashton-under-Line, farmer
corn-dealer, and general shopkeeper
Samuel Garrott, Higlustroet, Mary-la-bonne, bookbinder
Henry Turner Newman, Harlington and Uxbridge, Middlesex,
farmer and auctioneer
William Kitson, White Hart-row, Kennington, stonemason
Joseph Taylor. Foster-lane, Cheapside, trimming manufacturer
Hill Lee. Summer Gangs, York.liire, and Stewart's-yard and
High...street, Hull, general-nterchant. brewer, Sac.
James Wallis, Regent Circus, appraiwr and house agent
Thomas Acton, Shoe-lane, reporter to a newspaper
Henry Seager, Bold-street, Liverpool, merchant's clerk
John Williams, Stone, Staffordshire, saddler, Ise.
Nathaniel Crew, London-road, Surrey, shoe salesman
William Kirton, John-street, Oxford-street, surgeon, dcc.
Silas Glaysher, Strand on the Green, Kew Bride, wbitessuith
James Tuck, Mile End, hay and straw salesman
•
John Berry, Middlesex-street, Whitechapel, baker
John Harris, Tottenbam-court-road, upholsterer
William Allam, Fore-street, Lambeth, barge builder
John William Frost, Holborn-hill. straw hat manufacturer •
James Edpson, Stoke, near Colnbrouk, labourer and chandler's
shopkeeper.

,mutt. Some time since the case was argued by the
Counsel on both sides, but the Collet took time to con-
'der previous to giving their judgment. The question
their consideration was, whether the plaintiff was
led to recover the amount of certain deposits which
:ad paid into the hands of the defendant on the
ipolitan Loan, of which the latter was the contractor?
: plaintiff had refused to pay up the whole of the in-
Anents, until he found the scrip had then to a pre-
im. He then made an offer to pay up the whole of
sum be was in arrear, but was rejected by the de-
idant, who also refused to give up the money that
' been deposited. Upon this the plaintiff brought his
Aon, which was disposed of as before staled, when
'ought befote the Jury, and upon which the Court
is morni►g gave judgment.
The LORD Cum Justice said, that having consi-
dered the whole facts of the case, the Court were of
Tinton, that under all the circumstances the plaintiff
entitled to recover the amount of the deposits he
made. It would be contrary to law and jus-
tice, if a man were to lose 99 per cent. because he had
paid the remaining one. There was one point which
id not been raised by the Learnel Counsel on either

le, which the Court thought proper to mention in the
•nt of this case being carried into a Court of Appeal,
ten it might be thought that it had escaped their
tendon also. It was this—whether any subject, with-
'. the express consent and authority of the King,
quid advance a loan to any foreign Power ? There
*as a doubt in the mind of the Court upon this point;
as it had not been raised, it would not affect their
piesent judgment, which they decided should be for the
Aaintiff.

SIDNEY S. COCKER.

A duel took place a year ago in the wood of Bou-
logne, between two medical students ; one of them was bit with a
pistol-bail, and died on the spat—the other fled immediately. A
prosecution was entered against the latter, tootling to skew that the
combat did not takoplace according to the usual forms adopted for
the purpose of nullifying the effects of these deplorable quarrels.
Bring referred from the Chamber of Accusation to the Court of
Assizes, Sitar GOOMID suffered himself to be judgedparcentunsace,
and was sentenced to bard labour for life, as having been guilty of
voluntary murder. lie was taken prisoner within the last fort-
night, and presented bimselt on Saturday to purge his cantaimace.
His defence was successful; be was therefore acquitted by theJary,
and set al liberty forthwith.—French Paper.
Friday, about half-past tour o'cllick, Henry Petty, one
of the workmen employed at the King's Palace, fell from a scaffold
upwards of twenty feet high. He wasinunediately conveyed to the
Westminster Hospital, where he expired in about a quarter of an
hour. No person, we believe, saw him fall, the chief part of the
workmen beitig absent, it being their watering time. On their re-
turn to work, they found their companion lying at the bottom of
the scaffold, in the most dreadful agonies. The unfortunate man
has left a wife and one child.
ACCIDENT.--Oil Wednesday last, Jonathan Ryder, a
boy 13 years of age, son of Mr. Ryder, of Hunslet, was proceeding
on horseback towards the upper end of ilaigh Patk Race Course
(without the rails), before the commencement of one of the races,
when six Gentlemen abreast, riding in an opposite direction, came
ht contact with him. The young man's horse, in consequence, was
thrown down, and bad his shoulder put out. Ryder himself was
rode over, and received so much injury that be survived but a few
moments, although surgical aid vasiimniediarety procured.
PARR was strongly adverse to quackery in educa-
tion. Old Dr. BUSBY, he observed, had a surprising
faculty of bringing boys forward in a short space of
time, whilst he was master of Westminster School.—
But it was not by short cuts, but through the old
established highway of learn' ng. Learning the ancient
languages without the aid of grammar, was an idea
as old as Roger Ascham, who tried it fir some time
upon one of his pupils, but became afterwards cun-
_ . .

An this case Mr. Sergeant WILDS had obtained a Rule, winced of its inefficacy, observing, that it was attempt•
calling on the delendant to show cause why the venue ing to get in at a window instead of climbing the
should not be cbanged from Stand to some other county. 'tau case.

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