Star.
London, England, 1827-07-28 00:00:00

LAW INTELL(GENCE

;VOMIT OF - •
• WILSTMIATIf V. WISSMIA.
theLOR'D Clintecat.Lott said. he hatreneinilletilj
point respecting the costs in this case, and he was now
of opinion that they ought to cove out of the fund in
Court. He made this decision. b.I34USe, upon looking,
further into the case, it appeared to him that it was the
intention of all the parties :o put an end.to the suit,and
that they had come to an agreement to that effect.

GIBBON B. WILSON.' . .
Counsel were heard in this case, on the motion for the
new trial of an issue, to ascertain the legality of the
plaintiff's claim as heir at law of Matthew 'Gibbon de.
ceased. When the argument was concluded.
The LORD CHANCILLOR, who had in its progress re.
Marked upon the ruinous consequences of: the expense
to which these repeated litigations put the yarties, said
he thought there tad not been sufficient grounds Laid
before him to justify hit sending it to be again tried.—
The whole question depended on the credibility of the
witnesses *he had been examined. Of that, the Jury
who had heard the witnesses, who had heard them cross-
examined, who had had an opportunity of observing
the manner in which they gave their te.timoisy, and who
had seen the whole progress of the investigation, were
best able to potion ace. The issue'sra. tried, to', before
a Judge (Mr. Biros Iffillock) extremely competent to
try such a cusesticsa. It appeared that both the Judge
and' the jail' were satis.fied as to the credibility of Are'
wit esses. this posnr being once establidied, the Cal!
must be said to be filly made out; for several of the
witnesses stated positirrely, that they had heard the tes-
tator acknowledge Mis relation•hip with the plaiot•ff,
and the pedigree supplied whatever was wanting to e
t blish his claim.

Mr. llont4n, who wat (or the nee,: trial, • &red to
pay all the expentes of the Lit trial., if another itsue
were nn. directed.

Mr. flaAiti otj •cted, that this woeld be to buy the,
Jeci3isn if the Court for so much as the c.sts might,
irrir‘u ii to.
2,rhe Loan CnilltetLLOß said, that although the qua
•ioh o expenie had s. me weight with him, it wal not
upon that ground alone that he had made up his mind
In c.t.es . like this it was inspossat:le to I,lstain clear
demonstrttion on the point in question. He thought,
hi wever, that so much ha.l been :done by the plaintiff
to mike out his claim, Out he could not send it down
for another trial. It had already undergone a long
investigation before a p:oper tribunal, and it did not
appearthut-the Learned Judge who tried it was dissatis-
fied with the result. . ' •
COUIIT OF KING'S BENCH, Juror 57.

TAYLOR tit LIEU AND OTII Sit&
This was an action on a policy of insurance for
2,0001. effected by the plaintiff, a ship-o Timer in Lon•
doe. with the S.ruth Devon Company. of which the :de
(endows were directors, on the back Peggy, bound froth,
Bristol w Quebec.

The only question to be decided in the case was,
whether the v ssel was seaworthy at the time of her
:Ailing from Bristol ? On the part of the plaintiff, the
master and two mates were willed, who proved that the
vessel sailed very well on the voyage, in spite of die
hea'ty weather nhich she experienced for some weeks.
but that the crew being fatigued with the exertionsi
which.they had made, abandoned the vessel riff Cape,
Breton, where she went to pieces shortly • afterwards.
Oa the part of the defendants, several journeymen and
apprentices. in the builiter's /arch to ssltich the Peggy
was sent for repairs, proved that several most ttn.•
portant repairs which were necessary, were not made,
and that the vessel war, in their opinion, utterly un•seaworthy.

Lord TENTZRDIN left the Juty to decide on the con-
flicting tebtimnny, wbo immediately returned a verdict
for the defendants.

' The Court then aJjourned till Tuesday, the 9th of
October.

MIDDLESEX ADJOURNED SESSIONS.

Yesterday 1 homes Burgess stood indicted for an as.
sault.on Frederick Adolphus Price, a child ten years of
age, by wantonly driving ogre: Bien on Whit M-nday.
From the evident, It appeared that on the day in quesdon there
is • hind of fair in iild.street•road, at which all the children in the
neighbourhood assemble. Burgess, who is a carrier, was employing
I.ldlnself in riding the children in bit car, certain distances for pence;
tremsionolly driving at such a furious pace that It appeared impost.
Obis to avoid some sort of accident, and be wet repeatedly remelt.
Stveted with, but without' effect. Shortly after the child wrs
knocked down, and one triseel•pmeed over his kg, lacerating it in
eletching manner. Gerken and• Armstrong, who were present.
declared it solely to have been caused by the wanton behaviour*
Ourgees. nem was galloppink-his horse frightfully.
*r. %OM, a surspi, dayeribed the wound as the worst be
ever se* si she kt *Atheist breaking the leg; the whoie.of the
Illeibi part Wilt Pkirll Clot away.
The Caalossuw, art if dogmas child was out of danger?
Buchan—l thigh I eta *mute to say that he Is.
The Flaw.w t. ovvarebra be nearly sixty years of age, meld
*was quit, occideolff. He was driving quite slowly, sud was
looldag at a leg of mlon on a pole, which prevented him seeing
the boy.
The Jury fftend hl "Colley, and the Court ordered hint to pay
la or go tovhe itsiormitt Correction far three montho--lite was
then removed Is toatillry. •
ASSIZZ INTELLIGENCE.

01PORD, —lacy re.
After attending Divine- Worship in this city this
morning, the Learned Judges proceeded to the Town
Hall, Mr. Baron VotconaN presiding on the Civil Side,
and Mr. Justice LigioatiALs trying the prisoners.
CIVIL SIM
. • sums V. DAVINPORT.
This was an act,on brought by a respectable inn-
keeper in this city, to recover from the defendant, for.
'surly a tailor bete, but now residing on his own pro.
party, at Somers Town, in this neighbourhood, the sum,
of four pnundg ten shillings, for wine and spirits.
:Mr..Cuswono, in staring the plaintiff's case, ob-
served, that there could 4e no substantial defence, and
be could not conceive why the claim of his client was
resisted, unless it were to shew that the defendant, not-
withstanding he was a tailor, hAd sufficient courage to,
rater a Court of row, and resist a just demand, in the
hope that be might have some chance in the fabled
glorious uncertainty" of the result. The Learned
C.,unsel, however, felt convinced that he would be dis-
appointed. That the wine in question and the spirits
were furnished would be established to demonstration;

and, therefore, in justice, these could be be no doubt the
plaintiff was entitled to a verdict; but then there way
an Act of Parliament, called the Victuallers Act, by
which it was enacted that no publican could recover
the value of spirituous liquors sold on credit which did
out amount to twenty shillings at any one time ;and of
this Act it would probably turn out that the defendant
intended to avail himself. As one time, in the course
el this case, the plaintiff, seeing the smAllne,s of his de-

• *sand, was inclninfiggteitilersp rather than he ammieel
by a law suit; btle7ol,llifflUl ant, true to his intention
of mtbibiting his suPPObed doubted cognise, 6, ruled the
plaintiff to iicoceed to trial," as it was technically cal:Oil,
which was literally calling •• time," and bringing him
to the wraith. The day of derision hatf•ilow arrived ;
and if the defendant intended to avail himself of so
dishimburable a defence as that to which the Learned
Counsel hackalluded, be was-sure the Jury would net
listen to it ; hut, on the contrary, as the defendant bad
drunk the plaintiff's wine and spirits, he would be made
to pay fur them.
It was then proved that the defendant had sent a
written order on one occasion to the plaintiff for five
bottles of port and one bottle of slant y, of the quality
of which he Approved. It likewise appeared that be
often called at the plaintiff's house, and,repeatedly bad
two and thtee half pints of wine in the contse of a
day, besides which, divers bottles of brandy were sent
to him by his order. When demand was made for pay-
ment, he did not dispute that a debt was owing, but he
s id that what he had drunk in the house ought to be'
charged to the " election account ;" and he ought not
to pay for certain brandy which he had given to the
paupers in the winkbou e, or which he.was the Go.
ve nor. The "election account" alluded to was, that
for the election of a town clerk of this city, which coo'
upwards of 2,0001.
Mr. Jaavia, fur the defence, tinted the ca•e as a
trumpery action, winch ought not to have been brought;
and he cited the Victuallers' Act alluded to by Mr.
Garwood, on which he invited that his client ought
only to pay for the wine. He tmorover contended that
the evidence, with r.spect to his client drinking in the
plaintiff's house on sick, as it was called, could not be
true, for, as the Jury well knew, it was always customary
to pay for oreir thing had is that Way, and the wine
plowed to have been •supplied, on the aniuen order,
could not amount to 40.. as the Jury well knew by their
capes ier.ce oft .e wine iu the common public-houses of
Alford. 7 • •

Mr. Baron IrAccuAx—Pmbably it is pretty full in
the month. •

Mr. Jake's did not know how that might be, but his
clihnt•hal a clear right to avail himself of the law as it
►tood, and was also entitled to justice at the bands of a
Jury.
'Mr. Baron VA tIOHAN, incharging the *hay, left it for
them to fix a value on the six bottles of wine clearly
proved tee have been supplied to the defendant, being
of opinion that the whits could not be recovered. Net
said, however. that it the action was a trumpery one,
the defence certainly was trumpery ; and if the defen-
dant was conscious that he bad the articles alleged, he
ught,• in common honesty, if he meant fairly► to pay
for them.

Ti. Jury found for the
thus fixing the defe.idant with the costs of suit.
Streral other cases were caled on. which were of no
public importance, ansi were mostly referred.

40s. ;

CROWS SIDE.

. Jabs Kench and Tiaras Beacham were indicted
capitally, fur that they on Sunday, the Ist of July, in
the King's highway, is the pa'ish of Kessington, in this
county, assaulted William Buroham, put him in fear,
and took from his person by force and against his will,
one silver watch, value Sk his property. •
Mr. TALIOURD conducted the prosecution, and stated
that the peculiarity of this case rendered a few obser-
vations necessary. 'The prosecutor was unfortunately
.detakand dumb. He was not born so, but at the age
of ieiyears, being afflicted with the typhus fever, his
organs orisearing and speech were rendered utterly
useless. The difficul ies which he would otherwise be
subject to, were removed by his having a sister who
euuld interpret for him. He was thirty years of age,
by trade a plasterer, and in the habit of going about by
himself. On the Ist of July he left home to go to Kes-
sington feast. He had at that time a silver watch in his
pocket, and was seen by a witness followed by the two
prisoners at dark. Shortly afterwards that witness heard
a scuffle in the road, a short distance from him, and in
a few moments the two prisoners ran past him in a di-
rection from whence the sound of the scuffle proceeded.
• The prosecutor followed immediately, and proceeded
with the witness to a crowd which had assembled to
witness a fight, and there the prosecutor immediately
filed upon Kcnch, and by gesticulation charged him
• with having stolen his watch. The prisoner denied it,
• and both priso ler' were apprehended and identified,
but no watch was foind.

The sister of the prosecutor deposed to the Let of his
being deaf and dumb, ■nd that on the lit of July, on
his coming home at night, his clothes were ditty, and
he elpressed to her by signs that be had been robbed
'of his watch.

On her cross•eximination by Mr. Jusvcrt, she said,
th..t she d.d not know whesher her brother was con-
versant with the sacred obligation of an oath, or that he
would be burnt hereafter it he did nut speak the truth.
The prosecutor was then called. and an attempt was
made to examine him through means of the symbols
of his s'ster, bee ,he could n•ot m .ke him understand
the meaning of u oath." Evidence was then given
confirming the facts opened br Mr. Tallourd, and the
Jury found Kench Guilty—Death ; but acquitted the
other prisoner, there being no direct evidence against
him.

Mr. Justice LITTLEDALE told Keuch his life would
probably be spared.