Star.
London, England, 1819-10-21 00:00:00

TRESPASS.-FINCH V. THOMAS.

Mr. Gum.= stated that this was an action of tres-
pass brought against the defendant for violently en-
tering the plaintiff's house, and turning out his ser-
vants, and keeping possession several hours during the
night. To prove his case, the Learned Counsel called
J. Churchill, who was apprentice to the plaintiff.
His master was a wine-merehant, and had a country-
house at Stratford. His house of business was No.
14, Cooper's-row, Tower-ha The defendant lived
next door. On the sth of May last witness went to
bed about ten o'clock he was asleep when the maid-
servant came, and desired he would get up, as Mr.
Thomas was at the door, and wanted to come in. At'
this time there was a violent ringing and knocking at
the door. Witness got up and dressed himself, except
his stockings and neckcloth, and went down to the door.
On opening it Thomas came in. He walked up and
down the hall, took-a chair, placed it against the door,
and declared.he would not quit the house, till he had
seen Mr. Finch, who was a base villain. He insisted that
Mr. Finch was in the house, though assured by the
witness that he was not. Witness desired he would
go over the house, and convince himself that Mr.
Finch was not there. The defendant said, he did
not believe it, but he would not stir. He desired the
witness to go to his house. and get his night-cap.
Witness accordingly went and got it, and returned
to the defendant, who had in the meantime put the
chain across ;he door, and refused to let the witness
in, again desiring him to go to 11o:ton to Mr. Parr,
a friend of his master, and bring him. Witness re-
monstrated against going to disturb any Gentleman's
family at that time of night. The defendant, how-
ever, kept the witness out in the street for two hours,
when he let him into the house again. The defendant
stayed all night. At five in the morning witness
started for Horton, to Mr. Parr, and returned with
that Gentleman about seven. Mr. Thomas had some
talk with Mr. Parr, and went away about nine o'clock,
threatening them with a similar visit the next night.
Crou-examined.—The defendant is clerk to Mr.
Chatfield, who had since struck a docket against Mr.
Finch. Mr. Parr was a Gentleman who managed
Mr. Finch's business during his absence. Mr. Finch
slept in Cooper's-row the night before this transac-
tion, but went out in the morning before witness was
up, and witness did not see him all day. Defendant
said, he came about a bill which Mn Chatfield had
discounted for Mr. Finch, and which had been due
some days. Witness believed it was through Mr.
Thomas.'s friendship that Mr. Chatfield discounted
the bill in question. He said he was anxious to see
Mr. Finch, who, he believed, was purposely keeping
out of his way. Witness did not see his master from
the 6th of April to the Seth. Saw him that day, and
the Ist of May. The defendant had come-several
times before to inquire for the plaintiff, and said he
had been two or three times on the sth of May, to
inquire for him at. Stratford, without success.
Louisa Evans lived servant at Mr. Finch's i had
just retired to rest on the sth of May, when she was
disturbed by a violent ringing and knocking at the
dodr. She got up, and looked out at the window,
when she saw Mr. Thomas, wlio desired to see her
master. Witness told him her master was not at
home. Defendant went away, and witness again
went to bed. Some time after, she was again awoke
by a violent ringing and knocking. She again went
to the window, and saw Mr. Thomas, who said he
knew Mr. Finch was at home, and incised on coming
in. The witness again declared he was not at home.
Thomas then said, where is that lying scoundrel, I
mean John Churchill? Witness said he was in bed ;
Defendant insisted on having him called, ask if he
was not, he would continue to ring and knock all'
niighti and till nine o'clock in the morning. The
witnesrealled Churchill, who went down, and let the
defendant in. Witness then corroborated the testi.
mony of Churchill, as to the conduct pursued by the
defendant after he got admission into the house.
Mr. ScAtax.sTr, on the part of the defendant, act:"
dressed the Jury. -He was ready to admit,that a
',verdict must go against bis cheat, but he was con-
*tared the Juty would think with tins, the Wadi

was one of the most palt7 deseriperrn,
was irritated, as it was natural he sl,ouid -
conduct of his debtor, and went, i -Thlortle,ti'y
been i 41,
mild a sight of him in a manner
11(1 to bu I'tt
by law ; but who, he would ask, had b
nurtf
his conduct ? No one, except NIT. n„,,.,
se
and they had not brought any actioo. He he;
this was the first instance on record cf an
brought by a debtor against a creditor fcr
committed trespass, by intruding into a iu,,•„'
mand what was due to him. The Jury, he •,`*-4c
winced, would see that there was another :eelie sides a desire of justice which actuated
the
„,
on this occasion.
The CHIEF JuswrcE observed, the asl
Learned Counsel said, must have a verdict lei
case. The Learned Counsel said, this was the
time an action had been hronght against a cre4
fcr entering his debtor's house to demand his,
It might be so, but the Jury would also
that this was the first time they had heard oral
being demanded in such a manner. A credi:cr
justified in making a proper application for list
but he was not thus to force hieway into a nu
house, and take posses,ion of it, turning his sere;
out at the hour of midnight,- and conducting hit,
as it appeared, the defendant had done. The h
would make some a.l;,w:unci:s for the irritat:otef,
defendant's mind at the time he acted thus in
deutly; and, considering all the circumstancesof;
case, give such a verdict as appeared to theAr.f.:l
meet the ends of justice.

The Jury deliberated for ten minutes, whet,
found a verdict tor the plaintitr—Da.mae 40;,
Costs 40s.

VIRTUE r. not..
This was an action of trover, to recover the Ti
of certain goods of the plaintif, which had coraeil
the hands of the defendant, and been converted 01
use. The circumstances were ai 10110 w
The plaintiff, who resides at (ilient, on 6e2.5:,
December, 1818, shipped on boat d a vessel, ot 10,4
the defendant was Captain, a large quantity of
and white wheat and horse-beans, consigning
to his brother in London, who acted as his factov
In the bills of lading it was provided, thr; sit,
days should be allowed the consignee for utla.4,
the ship from the day of her arrival being Tel r
and for every day after, the Captain was to bet.
to a demsrrrage cf. £2 on each parcel, or £6 on
whole. The ship arrived on the 3d, and was
ported the 4th of January. In the mean time
plaintiff's brother suspended his payments, and
made a 'bankrupt, of which plaintiff having brew
prized, came to London, and made a persunAl -
cation to the Captain to deliver the cat go to.
sixteen quarters and a half were delivered to
lighterman employed by him ; b::1 the defeai
having been served with a notice by the assigneesi
the consignee, not to surrender the goods, toil
giving up any more of them. Accordingly, they,
mained on board till the 24th March, when
.eit,
quarters of the white heat were sold by a certi.h
tor employed by the defendaLi, and the remain
of the cargo bet Ween that day and the Sth of k
the red wheat at 70s. and 71s. the white at 72i.
the beans at 435. per quarter; the. gross pr
were £llOO. 4s. Sd. the expenses' of:the
X 36. 4s. 9d. and the freightage £7l. 12s. 6d.
fairness of these was not disputed by the piaintii:,
being deducted from the gross SUM, the net pica
were £992. 75.; but the defend•int coilteaded
was entitled to have a further allowance of £6 a.
demurrage for a considerable time that the cargo
mained on board, by the terms of the agreement.
The plaintiff disputed this, and further produced)
witness, who swore that at the time the plaintiff I.
the demand of the delivery of the goods, the red who
was worth 755. or 765. a quarter, the white 775.
the beans from 60s. to 625. The List were
only points in dispute between the parties.
The CUM JUSTICE told the Jury, that there'
no wellfounded claim to the demurrage, as the
tention of the cargo had not-been occasioned by;
default of the plaintiff.
The Jury found a Verdict for the Plaur...
Damages £992. 7s.

Sunday morning last, about seven e'clock,
the Rev. Mr. SMITH, of Penzance, was preaching:
a congregation of not less than from four to I
thousand persons (who all paid the utmost am
tion, and observed due decorum) in the Broalf
St. Giles's, some constables violently seized
reins of his horse, and dragged both
and chaise wherein he stood, to the Greev:
next St. Giles's-churtch, refusing at the same time
state by what authority they did so; on one ci
Beadles avowing his intention to take Mr. Sal
to the Watch-house, there was a tumultuous
roar among the people, and many seemed incl
to inflict summary punishment on the agglc-
untal Mr. MANNING and Mr. FINEGAN, MO v,
respectable and active inhabitants, who are
known in the district, interfered, and by their se;
able and well-directed council, prevented much .
.chief; the cry of" Sermon, Sermon!" notirithstani
ing became general, and the above-named (3d
men having satisfied the beadles, conducted
Smirks to the verge of the Parish, next to Ozfor
street. He there finished his discourse, «itht nt ft
ther interruption, many hundreds of the poor ,
ple pressed round his chaise when he was done,
sirous to shake hands; and many returned to tal
homes weeping, from the effects of his discourse.
A fire broke out on Friday last at the M,
Royales, Paris, which destroyed property to a
considerable amount. Two firemen were killed,
assisting to extinguish it ; another, it is feared,
rished in the flames ; a soldier of the Royalty
.ki.
was wounded, and the life of another indrv:,ll2l
in

MARRIED.
At Enfield, William Blanc, Esq. of the Eland of t.
Belie a Augusta, youngest daughter of the late Wt,l,.tto
of the former place.

DIED.
On the 19th instant, in the eighteenth year of his 31e,
limn Campbell, the eldest son of June• Norden, EN.

HIGH-WATER at LONDON BRIDGE TO-XlOllllO,
Morning - - 42 minutes After 3
Af tea-neon - 8 -.--- 4

TAWVON Printed and published by Incigt
Tcmoc•Dar.

one the
sight
fht
ofmiolismt pinalt:mdaensneerri :141,:eir,:hy, t
irritated,of his as
d debtor,
two
r•a!annadtuvra.enl
th,eiPmts7,ll,iclat"
)y law ; but who, he would ask, i
nand'wra: snsd u
ca (
tinisdcthonedyuhctad? Noh
roonueg,
let
tr ciz ,
IN 1c had: i.b, tie:e j':,i,en,..,,jhui
.: .
not
his was the first instance on record
)rought by a debtor against a • eff:b ' •,, 8
:ommitted trespass, by intrudingcreditor - "
into -1, •
-nand what was due to him. The 7 " I'-e
V)
dui.; , „ $
rinced, would see that there was :'l. ''
1;1
ano,her:eeliag
;ides a desire of justice which actuated t' ' • tCI
At this occasion. ,le :)ta.. • A
on t
The CHIEF Jusrroe observed, the p' •• „ •r 3
Learned Counsel said, must have •- Ldir.-
go
:ase. The Learned Counsel said,
tha verdict'" cool
:ime an action had been hronht is'wa% " on
'I
against a cred ;,.
rcr entering his debtor's house to demand :- aid
h.,.
It might be so, but the Jury would also hots
:hat this was the first time they had heard a Or
being demanded in such ama e'f. '' arc
manner. A credi- or
justified in making a proper aprlicati JIT
OP for his C'
but he was not thus to force hieway into '
ouse, and take posses,ion of it, turning his a . ri.
Alt at the hour of midnight,- and a •s " ICC!
con uctingh; To
as it appeared, the defendant had done. t it
.d I
would make some a:Lav:inces for the irritat 'ej-
To
.ono:
defendant's mind at the time he acted thus i
deatly; and, considering all the circumstancesn;r Tor:
to then f•
:ase, give such a verdict as appeared' 'To
meet the ends of justice.
,d
The Jury deliberated for ten minutes, %vim t: To
Found a verdict for the D plaintiff
__ i =aes 40,
Costs 40s. . • T•:
VIRTUE r. not.. lii
This was an action of trover, to recover the as 7.1
of certain goods of the plaintif, which had cone: ii'
the hands of the defendant, and been - - ' n'
..onvertedta •
d :
use. The circumstances were Ai fOiIOW : •la
The plaintiff, who resides at Glient, on the 0.
'
December, 1818, shipped on boat d a vessel,nra.
the defendant was Captain, a large quantity of a i
and white wheat and horse-beans, consigning
to his brother in London, who acted as his ft,-, ..
In the bills of lading it was provided, the: s'.. '
days should be allowed the consignee for tn:la4
the ship from the day of her arrival being re. on.
and for every day after, the Captain was mitee, • si
is p
to a demurrage ..f £2 on each parcel, or 1:6 os 1,
whole. The ship arrived on the 3d, and was
ported the 4th of January. In the mean time
plaintiff's brother suspended his payments, and
made a 'bankrupt, of which plaintiff having been s
prized, came to London, and made a personal
cation to the Captain to deliver the caign tot.: i
sixteen quarters and a half were delivered to
lighterman employed by him ; hen the defe,.•
having been served with a notice by the asagnee
the consignee, not to surrender the goods, :el
giving up any more of them. Accordingly, they
mained on board till the 24th March, when
.ei:
quarters of the white w heat were sold by a cerm
tor employed by the defendani, and the remai •
of the cargo bet Ween that day and the Sth of a.. '
the red wheat at 70s. and 71s. the white at 71s.
the beans at 435. per quarter ; the gross prom
were £llOO. 4s. Sd. the expenses' of.the„le ...
£36.45. 9d. and the freightage £7l. 12s. ed.
fairness of these was not disputed by the plain:F.2
being deducted from the gross SUM, the net pr,"
were 1:992. 75.; but the defendant contended th,::
was entitled to have a further allowance of A a e
demurrage for a considerable time that the cargo.
mained on board, by the terms of the agreement
The plaintiff disputed this, and further producel
witness, who swore that at the time the plaintiff ea
the demand of the delivery of the goods, the red r
was worth 755. or 765. a quarter, the white 775. r
the beans from 60s. to 625. The-two last were ,
only points in dispute between the parties.
The Cuiar JUSTICE told the Jury, that there ..
no well-founded claim to the demurrage, as the :
tention of the cargo had not.been occasioned by'
default of the plaintiff.
The Jury found a Verdict for the PlaintiE
Damages £992.75.
Sunday morning last, about seven e'clock, r:.,
the Rev. Mr. SMITH, of Penzance, was preaching
a congregation of not less than from four to
thousand persons (who all paid the utmost at
tion, and observed due decorum) in the Broado:
St. Giles's, some constables violently seized
reins of his horse, and dragged both h..
and chaise wherein he stood, to the Green-pt
next St. Giles's-churtch, refusing at the same time
state by what authority they did so; on one ci •
Beadles avowing his intention to take Mr. Sat
to the Watch-house, there was a tumultuous
roar among the people, and many seemed incle.
to inflict summary punishment on the aggres:7.
until Mr. MANNING and Mr. FINEGAN, MO VL
respectable and active inhabitants, who are -
known in the district, interfered, and by their teas
able and well-directed council, prevented mete:: at.
I chief; the cry of " Sermon, Sermon!" notwitli:-..ta
ing became general, and the above-named Ce:•._
men haiing satisfied the beadles, conducted
.1
SMITH to the verge of the Parish, next to Oltof
:.,
street. He there finished his discourse, w i .t.. hc.at
ther interruption, many hundreds of the ref p.
pie pressed round his chaise when he was done,:
sirous to shake hands; and many returned to ta-
homes weeping, from the effects of his discourse..
A fire broke out on Friday last at the Messag
Royales, Paris, which destroyed property to aV'
considerable amount. Two firemen were killed,
assisting to extinguish it ; another, it is feared,
(i '.
rished in the flames ; a soldier of the Royal 11.
was wounded, and the life of another individol
in danger.
MARRIED. rriV •
r
At Enfield, William Blane, Esq. of the Lland.o, De
..
, )Ic7
to Minn 'Augusta, youngest daughter of the late Is id,..a -
'Bag. of the former place.
On the 19th instant, in theDIED. his ale, 1%
eighteenth year of
lines Campbell, the eldest son of /IMO 134WdeO, kit
_..-
W
1:IIGH-WATBR Wowsat LONDON BRIDGE TO-11 O 3
42 ang.
l' • Morning - - -
$ -----...t---41
Afternoon -
L_---:---.
.-. .
LONDON : Printed and published by lint OA Mb
tkv,F, Tonle-Dar!
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