Star.
London, England, 1827-11-01 00:00:00

fendank:ev:dritwekand of: Messrs.. and. Walker,
as endorsers. Witnesisaw.Walket advance Oil. 400 i
On the bach.of the note these was a receipt fee 1001.
and -interest.
.**:"
For the defendant, it was contended that only 1001.
had been advanced to him by Bordoe, who was•,bis
fathee•in-lae, and that when he wanted to raise 4010.
a Mr; Collis promised to lend him the remaining 380 k
if he would give good security, and at the same time
offered to take the security of his father-in-law. The
SOW. was accordingly advanced, and the Dote wee giern;
the 1001. which Burdon advanced was paid to him, but
there was a letter from Mr. Collis which would explain
the whole transaction, aid sheer that the SOW. the plain.

tiff was seeking by the actinn to recover, was
money, and that the plaintiff had no tight to it. "--
Lord Terme:ante was or :opinion, that the letter was
Dot evidence. because it wet written by a man 'who had
not the note, and-because the intention of oiteriag it in
evidence was to alter the meaning of a written instru-
ment. If the defendant could do any thing in aCo ur
of Equity. that was a different thing.—Verdict ior t'
plaintiff for Std.
Before a censwon Ivry-
aaaanaat Ananias if idaltact: :41 •
This Was an action of essadli, katitiry; and l'etee-
priionntent. 'the defendant pieicted in justlhcatioh
that the plaintiff hadfitst Washed him and his servant,
bench the plaintiff in hit replication desired.
Tice Arroluile Gleaftei said the plaintiff was a re-
apectelak tradesman in FineyeplaCe, aid the defendant
was a livery stable keeper, living nearly opposites. The
plaintiff sent his children last April to see their aunt at
Notnood. In the evenhig e message was firdught to
him thaf one of the children was taken etiremely ill,
end (hilt herksit go and we it.. Such of the jet, is
were fathtrs irehld easily account for the Ohalatirs
anxiety and hispatience on receiving such a tnestage.
It was tidar nine o'cleek, but he' iminediatele rent his
sEttrant tollibriefelidant to bite a gig. The defendant
a.ked the teteent hoot it was that the plaintiff wadted
kig at trrat tient Of tight? The serene told hint it
hat hetarse the child Wait ill. He then said the
Itiff should hart; one, that price vies 16it but as it leis so
late, the ostier'itsuir have-a shilling for himself. The
maid canto hack and told her master the price, who
istaatediasely diteeted her to go back for the gig.,
Which was brought to him by the ogler. He thaw
mithe eat with his wife, tatty pet a bundle in the glia.
and got in, and the plaintiff was about to drive off.
-milar told him he must first pay the 16s. As the'
seder hid lately come into the defendant's service,and did
eel-knew the phaihtiff,vilso was well acquainted with the
defendant, the plaintiffs whoitad not the Massey in his
pocket,'and who was in a great hurry, thnught that the
demand proceeded from *ewer -caution of the o=iler,
who he concluded took him foekstranser, old there-
fore he said to him " ltotar master knows me." The
ostler replied; that did not 'knife, he mast beee-ebe
pasty? Well, said the platiotiff, " I will Ode" ettee
ladspeak to your mastic." Ha *accordingly 44d "
and told the ostler to aequaint his master that It was
lite. Abraham, and he was sure kit master would not
require the money:, The ostler capie back and said file
sager would have the must first, and out came din
defendant himself, who said it was by his orders. The
"plaintiff told him to come back to his house, and
'money theta be paid. They sent back 'accordingly
and the plaintilt' seeing at his door ter) friends, w
happened to be with him when the message was tau ugh
said to one of them, " lion must lend me a sovereign ,°
which he accordingly did. The defendant then raid—
,• 4 yo• 1it:n.044 stetsionsitar me two
•• Flautist onstrwttd, it3tetoelal had
• the OM Erg, 'Mad dike -Wei to ',,.:4ixteen
'evil bat, •in conclusion, said, " am m Itssy
ad,s; abd moot pay what you lA,* and lie-vor
,rowed anothei sorpreiga of his friend for that
tireople ltid collected, and a stranger among the*
whet the two guineas were qt' and upon 414
tidal; 'that they were for the hire.eirthe gig, eapriiii
his indignation at the demand. The delendant th
%Ad, " Ton shan't go ated.'"the pliintiff concluding
that his feelings were aimed at, and feeling impitient,
said, a. 4 Don't deteiu me, state what you wabt, and y .•
shall hale it." The defendant; however, was obstinete,
and said, " 140, you shall not go," apd he and the ostler
laid hold of the horse, and backed the gig through his
own gate into his yard, the plaintiff saying all the while:
0 I 'haire'tletgig; I have hired it ; you shall not turn
me out; 11:11:te,,y your Charge whatever it is." When
the'gig ,ffai so the fira4 the derendant and the ostierl
unharnessed the. horse and topk !Cm away ; and thew]
the &resident said, " Maw, I'll put you out," and be'
and the ostler took hold or the shafts with an tn-'
tention of overturning the gig with Mr. and Mr
Abraham in it, when a stranger interfered, and punt
leg upon the shaft; alting," YOu scoundrel, would y
murder them r The defendant answered, " I do not'
wish toll= the Lady. but you wand see what I would
rio to the maktithe Lady were not there." The stranger
told him if there had beeisOolgely around he would not
mind about the Lady. The plaintiff refused to get out,
&idling a right to the gig, as he had hired it. lie was
however at last kneed out, and then the defendant s4id,
or, Xou have no hnsines nit my premises--you are a ties-
passer, and ttl send yea 'to the watchhouse," and he
nethilly gave the plaintiff ia charge tf the watchman,
lho'hiot kith to the watchk use; -but when they came.
there:the defendant would not give chat ge.The damages
were no objeet,but the plaintiff felt it was a duty he owed
to the public, and to his own feelings, to bring the case
before a Jury. In point of law the plaintiff was cor-
rect, for When he was in the gig, under the contract
they bad entered into, the deftsdabt had no right to turn
him owt,-but was bound to let him have it at the price
first agreed upon.
Margaret Watson, the servant of the plaintiff, proved
the hiring of the gig for 16s. and that she acquainsed
the defendant that the reason her master wanted it was,
to go to see his child at Notwood, who was taken eat-
..
trenely ill.
Mr. Henry Kingston and Mr. Knowles proved the
remainder of the Attorney General's statement.

1,4 •

Me. GUANEW said. if the plaintiff's case were true..
.he was certainly entitled to damages; but if the defend-
ant's was the true CAW, then the plaintiff was not en-
titled to recover. He was instrocted that the defendant
had, bitore the transaction, always found great di(6-!
tufty in obtaining horn the plaintiff payment for the:
hire of his gigs, and he bad resolved trot to let him balm
them any more w ithout being previously paid. The:
plaintiff did not choose to pay the money, and got into ]
a violent pasdon, and to pat an end to the squabble,
the defendant refused to let him have the gig. The;
defendant, unfortuolicelyi was not in a conditionto prose
his Case, as the tol'er, who otherwise would have been:
calledbelore the jury, had been last week convicted 01
felony at the Old 13ailey. As to the charge, Vie defend-
ant only gave the plaintiff in charge of the watchman
113 lake him off the I:itemise% but' the watchman; being
very knowing; thought that be must, in point of law,
like Um to-the wateh•boutte, and accordingly took the