Star.
London, England, 1819-07-20 00:00:00

the same time drawn up in such apop‘larform, as
to preclude the possibility of his prkciple boing
understood."

The LORDCHANCELLOR—I observe in this pamphlet
EMunton's and Middletoll'S Observations on Chain
Cables] a kind of admission of which' the defendants
would probably like to avail themselves. Theconclud-
ing paragraph runs thus:—" We shall he happy if we
are in any degree the means of promoting the adoption
of chain cables ; and though we ate prepared to sup-
pot t the Patent we have fairly obtained, we shall al-
ways rest our claims more tspon the attention to and
the soundness of the work done, at our Manufactory,
than upon the possession of any exclusive right. The
more chain cables really cticc:ive, that are in use,
the better we shall consider our true interests pro-
snoted."—W hat do you say to this?

Mr. IIAnT--The pamphlet is neither more nor less than an
invitation to customers to come to their Manufactory ; and it is
common in such productions, from articles or the greatest im-
portance down to quack doctor's pills, to speak in high terms of
what is offered to the Public. The advertisers in this instance,
offer not oily the advama,ge of their patent improvement, tut
boast of superiority in other respect:, as Irons better workmen,
or better materials, which, independent of every other conside-
ration, should obtain for them a preference.
Mr. GIRD! ESTON followed on the same side. Ile remarked
that the Patentee was put in an aukward situation by having to
meet new matter brought forward in the ansWer of tke Defer.
darts. For example, the mooring chains made fcr the City Of
London. lie was enabled, however, to state, that though they
had stays, they were not such as the Patentee bad described, not
broad ended, but only supporting the opposite parts of the mid-
dle of a long link, The Patentee's stays, as had before been
stated, filled the greater part of his links, and, it. the words of
the specification, embraced the whole or the greater portiun eight
°mate curved rarts of the middle of the link," leaving only suffi-
cient room for the interposed adjoining links to move freely in,
which was a new and useful improvement; no stay of like effi-
cacy having been before in use.

The Loan CHANCELLOR here remarked, that the Specification,
in speaking of tl e invention, employid the plural term" impeore.
rum's," and asked what other improvement or improvements
*had been introduced by the patentee? A patent by its very title
profes,:es to be for one invention ; here anchors, windlasses, and
cables are described. These, however, might be considered one in-
vent:on—a contrivance to fasten or tic a ship; bot where improve-
MelliS, in :hr plural, are mentioned, they should be so set forth.
Mr. GIiII,I.ESTON said that the stay was not only new, but by
being intredficed into the link, the link itself was improved,
whether round or of whatever form ; but the patentee had also
specified improvement in the form of the link.
Lord &ram—That is a better ground to take.
blr. GIROLESTON.—Our description goes expressly to forte,
as well as to the stay and even were the specification thought
not the most perfctt, it will remain for Plaintiff, if the points'
of law go [satire a Jury, to prove the validity of his specifica-
tion. We have no wish to have the injunction continued, if in
the event.( obtaining a verdict, we are secured in having an
account of the profits.
The Loan CHANCELLOR remarked, that in this case, it did not
appear that the Pt.,intiff had enjoyed that undisputed occupancy
of his Patent, as lids could be considered as a kind of r uhhc ac-
quiescence in his right ; for it appeared that, ever since the date of
the Patent, the Def,:ndants bad ben in the habit of making Chains
with stays like those of the Patentee. In cases of undisputed
occupancy and public acquit-cc:ice, it was not unusual, in
dissolvieg an injunction, till tbe prams of law might be decided
on by a Jury, to ender defendants to keep an account of the
quantities manufactured in the interim ; but this not being a
case of that hind, his Lordship would not, he said, lay on the
defendants that which they apprehend, d might be a prejudice in
another Court, as carrying with it a kind of o; iron that they
had something to account for; nor, on the other hand, would
be have it understeod that, by not granting this to plaintiff; he
was giving any opinion, eller against or in favour of the va-
lidity of has patent.-114 Lordship therefore directed that the
Injunction should be i'.isrAvicl, the plaintiff to bring his action
law, and with liberty to him to apply to have the L' junction
renewed, should he succeed in his action.
‘'ICE-CHANCELLOR'S COURT, JULY 19.
THE MA RLI3OROUGII GOLD PLATE.

THE EARL OF S/lAFTESBURT AND OTIIERS T. HIS GRACE
TIIE DUN F. OF MARLBOROUGH AID THOS. TRIPHOOK.
Sir ARTHUR Procorr stated, that the Motion i❑
this case s;cod over, that the Ni:Lle defendant might
put in his answer, or file an aai,:avit, explanatory of
the circumstances relative to gcl.d plate being out
of his possession. His Grace had that morning put
in his answer; he therefore had to request of his
Honour, that he would allow the Motion to stand
over until Wednesday.
The VICE-CHANCELLOR—" I expected his Grace
would have filed an affidavit, making such a disclo-
sure as would have enabled the Noble plaintiffs to
have amended their supplementary bill ; but perhaps,
the answer makes a full disclosure. I cannot allow
the Motion to stand for Wednesday; I have never
yet allowed the regular business of.the Court to be
broken in on. The best way will be for Mr. Bell now'
to state the substance of his Grace's answer."

Mr. BELL then stated that his Grace, after admit-
ting the rights of the parties in his answer, admitted
that there were two swords belonging to the great
Duke of Marlborough; that one of them was in the
possession of Lord Churchill, and the other (the dia-
mond SV. ord) the Noble Plaintiffs Kad gained posses-
sion of, it having been seized under an execution by
a creditor of his Grace. He also acknowledged that
he had allowed the defendant, Triphook, to remove
the gold plate in question from Blenheim, for the
purposes of raising a snm of money on it, and to
have the arms of Churchill engraved on it. That he
(his Grace) had kept, and had then in his possession,
one plate, one spoon, and one knife and fork, being
part of the gold plate which he had kept as patterns,
and that it had been his intention to have had the
gold plate returned to Blenheim before the Anniver-
sary of the Battle of Blenheim, when he intended to
entertain his neighbours, but was prevented by the
suits which had been commenced in that Court
against him, which restrained him from receiving.
the rents or cutting down the timber of the estates,
by which means he was unable to pay the persons
employed on the estate, and made it necessary for
him to raise money. He denied that he ever autho-
rized the defendant, Triphook, to sell, pawn, or melt
the gold plate, but that he told him to deposit them
with a silversmith. That he believed the defen-
dant, Triphook, had been deceived by the person
whom he had entrusted with the gold plate.--1
That Triphook had informed him, that he had depo-
sited the plate with a silversmith, in the neighbour-:
hood of Lincoln's Inn-fields, and that he had lodged
it in a banking-house, but that his Grace was ignorant
of the names of the silversmith and banker; that
Triphook had informed him that the silversmith Was.
gone to Wales, Yorkshire, or elsewhere in the cows-.
try; that having heard that some of the plate was
offered to be pledged and for sale, he applied to
Triphook on the subject, who informed him that it,
was without his sanction, and that he had .taken it
from the person who had so exposed it; and-that he,
(Triphook) had the gold plate then in his possession,
and that he would on a certai'a day return it to Blen-
heim, but which be had neglected to do. He acIH
, mittcd that he had raised the sum of 12 or 1,300/.

•
tin the gold plate, but denied afgthe had ever order-
ed it to be offered for sale to Mr. Gue.t or Mr. Robert
SYllbion Cox. Believed the solid plate was presented
to the great Duke by. some toreign Potentate; denied
that the plate was in danger of being sold by him ;
on the contrary, he most anxiously wished to pre-
serve it according to the will vi the Noble Testator.
Vlce-CHANCELLOR—" Is the Defendant Triphook
a party to the supplementary Bill?"
Sir A. Ptubot answered in the affirmative.
The VICE-CHANCELLOR--.-" I am considering, Sir
Arthur, how I can teach this case. Let the plate,
spoon, knife, and fork, admitted in the answer to be
in possession of his Grace, be delivered up. It the
Defendant has been served with a notice of the in-
junction, which I suppose he has, I can make no
further order as it respects him until he puts in his
answer. You had better, cn the facts contained in
the answer of his Grace, amend the supplementary
bill and insert in it the clause of the will which gives
the Trustees the controul over these articles: I think
at present I can do no more ; certainly the person
who is entitled to the rents and profits of the Marl-
borough estates will be made by this Court to replace
whatever articles are missing, but I cannot make an
order to that effect, as the bill is now framed. My
order then is, that his Grace shall lodge, with the Mas-
ter, or with the Ranker cf the Earl of Sht,ftesbuiy, the
articles of gold plate which he admits to be in his pos-
session, and that the Plaintiffs amend their hill,
with-
out prejudice to the injunctions already granted."

COURT OF COMMON PLEAS, JULY 19.
ASSAULT AND FALSE IMPRISONItII:NT.

ANDROS V. ANSTICE.

This was an acticn for assault and fal.,e imprison-
ment, stated in the declaration to have been commit-
ted by the defendant, upon the plaiiitiff, upon their
voyage from Lndia to this country.
Mr. Serjeant litynLocK opened the pleadings.
Mr. Serjeant VAL:on/ix stated the case. The plain.
tiff was, he said, a Lieutenant of the 65th Regiment,
and had served in many campaigns in India, from
which country his physicians found it necessary that
he should he removed in consequence of the bad state
of his health. For this purpose he took his passage
on board the Henry Porcher, East Indianian, of which
the defendant was Captain, and having paid the sum
of 1760 rupees (about £T2O), had the privilege of
abiding in the toddy. Before the ship reached St.
Helena a dispute arose between the plaintiff and de•
fendant,.which terminated in personal violence, and
had nearly terminated fatally. The quarrel, which
was occasioned by some unfortunate error with re-
spect to the conduct of the steward, produced a chal-
lenge ftorn the plaintiff to the defendant, which was
acted upon in the Island, by a discharge of three
shots from each side. The interposition of the seconds
prevented any further experiment of skill, and the
matter having been considered amicably adjusted,
the vessel advanced upon the remainder of her voy-
age, which was, however, rendered exceedingly
rious to the health and feelings of the plaintiff. A
young gentleman named Warton, of literary acquire-
ments, who was a passenger in the ship, and had wit-
nessed the dispute, wrote a letter, animadverting
upon the conduct of the defendant, but tor 2 it in
compliance with the request of the plaintiff; whose
generosity would not allow any reflection to be cast
upon his antagonist. The disposition of the defend.'
alit presented a most extraordinary contrast, for 'tliat
gentleman degraded himself by picking upthe scraps",
and reading the contents, after which he interdicted
the writer, who was a charter passenger, the privi-
iege of walking the gnat ter deck. The plaintiff, be-
tween whom and Mr. Warton an intimacy subsisted,
having observed that indignities were thrown upon
his friend, invited that gentleman to his cabin ; and
this invitation gave rise to the conduct v hich the
witnesses would prove to be oppressive and tyranni-
cal in the last degree, and which loudly called for
heavy damages.---The following witnesses were then
called :

William Johnson, a sailor on board the Henry
Porcher, deposed, that in the month of April, four
or five days after the ship had left St. Helena, he
received order 4 from Mr. Wallace, the first mate, to
get a cutlass and stand Lenny over the plaintiff,
whom the Captain ordered to be confined to his
cabin. Witness told the plaintiff that he must confine
himself, for if he (witness) did not obey the order he
should get three dozen. Witness was attended by a
comrade, who was also armed with a cutlass, and
had orders to the same effect. They were relieved by
two others, and the imprisonment lasted till they
came to this coast. After the plaintiff had been con-
fined three weeks, he was allowed to walk tie decks
from seven till eight in the evenings, guarded by a
soldier. The side on which he walked was the lee-
side ; the other officers walked on the other side.

Cross-examined by Mr. Serjeant Con.Ev.—There
were several other Office:s on board. The sentry
who guarded him did not walk about t' .h him, for
that v.ould be tire ome.

J. Ryan, a passenger in the Indiaman, heard the
defendant give orders for the plaintiff's confinement.
The plaintiff's cabin. was very small, there being
scarcely room to turn round in it, and the weather
was extremely hot. There was a small aperture in
the cabin through which the air was let in, but when
there came en a breeze, that aperture was necessarily
closed, to prevent the sea from beating in, and the
place was in total darkness. The plaintiff's confine-
ment commenced the Bth of April ; and or. the 9th
of June, when the ship arrived at Portsmouth, it ter-
minated. the Lieutenant having been attended to the
gangway by his sentry, and from thence landed with
the other passengers. .Dtiring the first week of the
plaintiff's confinement, he had been treated very
badly. His diet was sent tO him in one plate—fish,
flesh, fowl, potatoes, and other articles, and no cloth
was laid for him. Before this he used to dine with
the other Officers in the cuddy. Alter the first week,
separate plates and dishes were sent. to hilt). Claret
was allowed to the ruddy •pasengers. Plaintiff was
allowed red wire, but he could not tell of what kind

Cross-examined by Mr. Serjeant BOSANQUET.—
Plaintiff was allowed Madeira and traady ;a small
coMplement of: the farmer.- l'ever .ask
for 'any.. .
" . •
A part owner of the Indianian stated,- that he un-
derstood- from the clefendany`thatlle'llad received
£220 fica.,* vac
small price • for the voyage fron. Boni-bay, but the
defendant said he had accepted the reduced fare in.
consequence of the recorumendatiun of a mutual