Star.
London, England, 1816-12-17 00:00:00

. I

•
that by the taste, sight, rind smell, a jnagnaintt *tight
be formed of the quality of barilla, as wellarby
chymical test known in. the trade: sometimes an sat.
perintent was tried, but it was never usual tO 'JOS-
sume. the article before complaint of badness was
sent to the seller.
Lord ELLE4BoRMOW, in summing up, remarked,
thAt the barilla is question having been sold upbo a
warranty, common 'sense, and indeed common ho-
nesty, required that, if it did not answer that war-
ranty, the earliest notice should be seat.to the parry
selling, at least before the quality and nature of the
article had' been so changed that it was impossible
to ascertain the fact. In this ease, the defendant had
gone on using the barilla, though be found it so
bad that double the usual proportion was necessary,
and he had united it with lime and other substances,
which of course prevented the formation of any opi-
nion. If, indeed, the plaintiff ought to have used it
at all before made his complaint, it was at least in-
cumbent upon him, after the first trial, to have writ•
ten to the plaintiffs, and net to have consumed the
whole quantity, and withheld his objection until pay-
ment was demanded. Not having done so, and re-
sisting now upon the ground that the article was
bad, he put the plaintiff at the mercy of the wit-
nesses for the defendant, who had used it, and so
changed its n Ante as to render inspection and other
modes of judging impossible. The lime with which
it was mixed might be of inferior strength, or a rant
of skill in the compounding and use of the lye might
be the cause of the apparent weakness of the barilla,
and the badness of the soap. The doctrine contended
for the defendant had never before been heard in a
Coati of Justice, viz. That a man was to buy find to
consume, to take away all means of ascertaining the
facet, and then to allege as a reason for nonpayment
that the ankle was of bad quality. The defendant had
extinguished the light that might have been thrown
upon the question, and justice could not be admi-
Aistered, Intim it were inferred that he who pro-
duce.' the darkness was minions for concealment.—
Verdict for the plaintiff £4O 19s. 10d.

11011INSON TOSI N.
This was an action on a policy of insurance upon
profits subscribed by the defendant to the amount or
duo°, it was dated January 31,1814, upon the ship
Hatard; and the voyage was from Liverpool to
Amelia Island. At the time the defendant put his
name upon the policy, he was informed that the ship
was Russian property, a point of importance at that
time, as Great Britain was then at war with the
United States. The loss took place on the 9th of
December, the Hazard being captured by an Ame.
rican gun boat, and carried into St. Mary's, where
the cargo was condemned, but the ship liberated and
a portion of tie freight allowed.
On the part of the plaintiff, his interest in the ad-
venture was proved, as well as the subscription of
Ithe policy by the defendant. In the cross-examina-
tion of the witnesses it was unsuccessfully endea-
voured to be shewn that the plaintiff was acquainted
with the fact of the loss before the policy was ef-
fected; it appeased that the capture was not known
until afrer the 7th of February,lBl4.
Mr. Toertxu, for the defendant, then called Mr.
Haz rd, the owner of the ship.. who proved that he
was an American citizen, and that the ship sailed
with Russian papers. The plaintiff was not informed
that the Hazard was not a Russian ship until some
time after the capture was known.
Lord ELLENDOIROUGU of course directed, that a
verdict should be found for the plaintiff 1100, as it
had not been shewn that the policy was effected under
a fraudulent representation.

LONDON ADJOURNED 5.11711405.
TURNSit V. AIONYARD. _ a

This was an action of trover brought by Mr. C.
H. Turner against J. Munyard, a butcher.
The plaintiff in June last sent two cows to be de-
pastured in some fields on Shooter's-bill, where they
remained until the evening of the 24th of July. On
that evening the defendant, accompanied by bis boy,
went to the field in question, and drove away the two
cows towards London. The part!es were, however,
stopped by the PAtroie, and eventually committed
for trial. on suspicion of a felonious charge. The
boy was admitted to give evidence against bis• master,
but his previous conduct having been impeached, the
Jury, at the Maidstone Assizes, acquitted the defen-
clam. The plaintiff therefore, under the authority
of the case of Crosby v. Long, 12 East. 409, brought
his action to recover a civil compensation for the in.
jury which he had sustained by the defendant's con-
duct, from a sense of duty to the public, in order
that it might be known a verdict of acquittal did not
entitle the defendant to retain the proceeds of the
plaintiff's property. It appeared that one of the
cows was slaughtered; but in the interim notice of
the loss havinik been given, the surviving cow was
turned loose by the defendant's order, and was found
by one Crouch, a constable, at Deptford, and claimed
by the plaintiff's servants. Before, however, Crouch
would part with her, he, in order to find out the thief,
again turned her loose, when she retooled to the de-
fendant's house. This led to his appreheniidn....on
the charge of which he was acquitted. The July,
under these circumstances, and' there being no real
ground of defence, found. a verdict "for the platatiii--.
Damases 420.

sionimice.
William Martin, John Croonifield, Benjamin
Woolf, Solomon Chapman, Davii Abraham,-1-leory
Hart, Soloman /darks Solomon Saunders, Solomon
Lyons, William Adl(ngton Seal, Benjamin Lyon,
and Jacob Nathan, were yesterday indicted, and the
indictment stated, that the defendants, with several
others, to the amount of at least 200 persons, chiefly
Jews, were in the daily habit of assembling together
in Cutler-street, in the parish of St. Sotolph Without,
Aldgate, where they set up a mart for the sale of
clothes and other articles, by reason of which an im-
mense crowd of persons were colleted together, the
highway became, obstructed, and the most intole-
rable nuisance was created, not merely affecting the
inhabitants, but**e passengers of that populous dis-
trict...l4le defendants, by the advice of their Coun-
sel, pleaded GuOty ; and the Court, having severely
admonished shop, meted that each should enter
into a recognizance of fifty pounds to avoid a repe-
tition of the offence. _

The warelsonit of 'Mears. Wenman and Welker,.
in Wolverhampton, was broken into betweenfonr and;
five o'clock in the afternoon of Tlesday 'Warden.,
and 28 *1 notes, half a guinea IA Ai, and 1011114
silver, were molls *MOW.