Star.
London, England, 1804-01-05 00:00:00

TO THE EDITOR OF THE $741.

Sir—Obferving in your paper of gittsrday, that a
report is circulated of a French privateer having
come through the Needles, pallid the anchorage at
Spithead, and detained the crew of a boat who had
boarded her, an event which if true would have con.
veyed a heavy reflation on the vigilance of the ofil.
cers on board the (hips at this port; 1 think it due
to them and to the public at large to enable you to
contradict fo injurious a Itatement, by acquainting
you of an occurrence which probably gave rife to the
report.
On Thurfday tall, about noon, an armed brig
Rood towards St. Helen's from Cowes, and not an-
(veering fignals from the ROYAL WILLIAM to make
herfelf known, was fired at from that (hip till (be
brought to : a boat from one of the King's (hips
boarded her, which was taken in tow, and the brig
made fail ; this eircamflance caufing a fufpicion that
fhe might be an enemy's oda, fignals were made to
the (hips at St. Helen's, to examine her, and the MI.
KILILVA cutter which was under fail at the time
fent in purfuit : nseafures that mutt effectually have
enfured her capture had (be been a French privateer.
She proved to be a revenue brig, called the ROYal.
Gloaos. whofe Commander, not being in polfeffioa
of the fignals ufed in the navy. could not communi-
cate with the flag (hip. As I was on board the Royal.
Wit.t.tam at the time the brig pafed. you may
depend on this relation being correct. I am. Sir,
Your very obedient fervent,
J. WAINWRIGHT. Captain
of the ROYAL WILLIIIM.
ad January, aka.

Dauer Lars.—We have not bad room before to
notice the reprefentation of the yew on Tuefday—
Giaderella having abforted other confiderations.
Mr. DATINPORT was borrowed from Covent-Gar-
den to all the Father. Alas, poor Drury I The
want of more good actors at this Theatre becomes
every day more obvious. BAILAYNORN and HOLLAND
vied with each other in the inflexibility of Riffnefs.—
They both teem to be hung on wires, the exertion of
which is conflantly obferved on the laughter-moving
auricles of the latter.
BAHAISM and Mrs. You.° indeed kept up the
play. The former is always excellent, the latter
always refpeaable ; nor were the two Servants of
Simla undeferving of applaufe. And Mr.D AAAApoor
did jußice to his part.
Coveys. Gaspar.—yaie Ball was weed here for
the both night, in its ufual llyle of excellence.—
WADDIf is cr&ulated to gain upon the town in every
part he undertakes. The pit and gallery were better
filled than the boxes.
On Monday evening died very fuddenly, MG
&INTO, daughter of W Stems, Efq. of Stop.
ham. Mifs SMYTH was on a vifit to Mrs. Osnax-
oarroe's, at Horffiaro, and bad dreffed herfelf for
a ball, to be given by that lady, in honour of the
birth-day of her fon ; and hid feareely entered the
room when the was taken fuddenly ill. and deid in
the midlt of the affembly.
We have to announce to the Public an event. in
tome of its circomilances fo ludicrous, but in its re-
fult fo dreadful, that we fear if the reader mould even
laugh with one fide of his mouth, he mull of need-
fity cry with the other.
The neighbourhood of Hammerfmith has of late
been kept in a conflant Rate of alarm, in confequence
of the noeurnal appearance of what credulity fuppof
ed a Ghoft. For many weeks pall the church-bell
no fooner Bruck one, than a fpeere finned to flit
along the fields, adjacent to Black.Lion•lane. The
old and young watched its corning, but preferved
an awful dißance. It appeared as if covered with a
white ()wend. We are ferinus in Rating, that the
terror of the phantom operating upon the fuperilition
of an elderly woman, brought on a dejection of mini.
from which the never recovered. The repeated rifits
of this dillurber of the repofe of night, called forth
more than an ordinary attention on the part of the
inhabitants. Several of the moll refpedable perfons
in Hammerfmith were anxious to difcover the catife of
its vilitations; and as the moll likely means, offered
A reward of tot. for the apprehenfion of the Ghofl,
hut without fuccefs.
We come now to the afflieing part of the relation :
—A perfon of the name of SMITH, a Cullom houfe
officer, with a few others. lured by the hope of the
reward, determined to watch the phantom, and for
that purptife provided themfeves with arms, and took
poll in Black-Lion-lane. They were Rationed there
on Tuefday night lag, between the hours of ten and
twelve; a man of the name of Mrswooo, who was
by trade a plaillerer, unhappily had fent his wife ont
upon tome bufinefs, and imagining the daid longer
than was neceffary, determined to go in fearch of her,
in order to proteft her home at that dreary time of
night. The ill-fated man was dreffed as ufual in his
white flannel jacket, and having parted with his filler
at his own door, proceeded along Black-Lion lane,
where the ghofl hunters were lying in wait. SMITH
no fooner beheld fomething white approacl,ing than
he imagined it was the die& of his expelations, and
inßantly fpringing forward. advanced clofe to the tan.
fortunate MiLwoon, levelled his piece, and (hot him
through the head. The poor man expired on the
fpot, Cho ball having entered his mouth and gone oat
at the back part ot his Btu% He was conveyed to
the 1313 ck Lion Publie.houfe, and there recognized.
His murderer, agitated at the elfecl of his rallinefs,
furrendcred liimfell to an oflic.:r of jultice, and know
in cliandy at the White Hart Inn, where he s iii re-
main till the Cotoner's Inqueft (hall have returncd
their vt:rdia. The face of the tleceafed k much burn:
with pnwder a from which cit..= Rance it is inferred,
that SMITH mull have ailchArged the Fan dote to
the face of the wretched This acciJent is the
general fultieB of convert:m.4l at liAmmerl.ruith, and
1 rat inth are the opit.ions relpetling the de;inquency
of
SMITH. The Con•n:r 1.4- the %Vettern Department
of Isliddlefex, (Grottos I lonosnm, Etq•) has iffued
Lis warrant fur fummoning a jury tins evening, at
tire o'clock, at the Black Lion, when every circurn.
ft ince relating to this unfortunate affair will be de-
veloped.
On Monday nett, the State I.nttery b-g*ns draw-
ing, and will continue (,n the ,4th, 18th, 2 I .t, h,
if,th. :Bth, a 0,13 t tl, of the plefent Month, and on the
:41 and 4;11 ot lehruAt y, which will be the lait day of
drawing. NRUIILILMI% fortunate TickLts and Shares
unl, be h..J in Lood,us, at 88, Cutnliiil, corner
of the Royal Euiialige.

•
. .
PENZANCE, DEC. 3v.
• . ,
it,
On Mitildayitlie 26th la. a mai pit. 0
colours were prefented in the Fiat • of da
Moundbay Volunteers, at roltair Lii- liar Pm
t mice, by Mrs. Pens, Lady, of llnitt Ol
offresayler, Lieutenant Colonel Conignaiteloalt I

the Regiment. . .
The Regiment was formed. into ai *am. ht..
which Mrs. PRICF, in her fociAble attended by, ,
Coca; Chaplain to his Royal Nieniefs ebe Dub, at
C AAAA lick, and the Rev. Saimaa Cost, Chaplaill‘
the RegiMmt, entered, actompanied by her
lovely boys. , •
At this ceremony were prefe nt the Lamer Liam.
Colonel Oxxasi, Major Sense Lc, aad of fever*/ of
the other Officers, with all the beauty and Whims: ill,'
the neighboUrhood.
A Moil excellent prayer was read on the occafimiti'l
by the Chaplain, the audience being uncovered; ink''
mediately after which Mrs. PRICE, addreffing the
Commandant in the molt impreffive and graceful
manner, delivered the following fpeech
• Sta—l feel very proud in having the honour et
Coloiirs to your Regiment. being cativinced that CeeordiaallirXl
nevcr faller them to be &graced by falling into dm baddreli
sneer •
To which the Colonel replied as follows •
• Masaas—Thefe Cabers, with which we have the MOWN ,
bdog patented by you, bear osi them a Motto •, witedialkdyer
words. comprehends the facia sad awaMng or an that le afrike ,
whkh we win prthsve Inviolably- I Pia* votfrit *Ye
(Marian the begimest), wheal have the Mower
to defaid thee Colours with every nerve I peals, will Mee •
loader .fallow me; aad I pledge taped us the Causeepodliedeli ,
dread dews to the lad aireisay, was misMlMSelatle=
rage! ad yew wanly &midi, soden width • hrt
In wails."
The general approbation was teßiffed by three load
and repeated buzzes. The regiment then wheeled
back into open column of companies, marched by in,
flow time, fainted the colours, formed line, and aria
fainted, when they proceeded to Madras COcadle-
and beard a 1120 a affeaing and loyal fcrmon fault."
Chaplain, from the 4th of Nehemiah, vain is
and
• Therefore let I la the 'ewer pisces. bddila ibe weals eni.-4Pli
br:ireeen—l even let ihe PeoPle after their familipi.
their their *vs, and their bows, sad I leek*red set'
op ea hid veto the nobles and to the rulers, aad dm ma. re* at
the pc*, 'beam ye afraid of thaw, remember the LIMN wYsr
is greased terrible, and agtit for your bretirm, yaw INN ail
your desgbeers,your wives and your bombe
All the Officers of the Regiment accompanied
Col. Peica to Trevayler, where the reassiadef Of this
day was (pent with high glee and tiesviviaNty,
heightened by true ancient Conti& hofpitaltyi spa
mot unbounded loyalty. •
The appointments of this fine Regimes% fdekli
manly appearance and difcipline, for which tiny 9111
mach indebted to the unremitting exertions of that
excellent Officer Major SCoIiCLL. folly jollity the
applaufe they received.
• The Motto so the &burs is • Pre aril et facie

The. Duebefs Dowager of Bsairroae has takes
Lady Dowaa's boufe, an Charles-ftreet, Berkeley-.
(quart.
The Duke of RUTLAND'S birth-clay was yefterday
celebrated at Belvoir Cattle.
IC& HALLIDAY'S nuptials with a Ruffian Noblemalt
are lhortly to be celebrated at Lady Louisa Yaw
asas's houfe in Pall Mall ; a few days after the emir
tunny, the young couple will fail for Peteriburib. •
On Chriftmas Day the Marquis of Malcom yet-
tertained between three and four hundred percents at
the Priory, Stanmore, confining principally Gf the
Stanmore and Watford Volunteers, commanded by
the Marquis's fon, Lord Hass tr.row. In the morn.
ing the corps were infpefted on the Common by Mars
jor C . About two o'clock, one hundred and
thirty pert one fat down to dinner. When they bad
dined, the tables were inftantly repleninsed. and ann.
they fet took their nation at the board. After dinner
each gueft was plentifully fupplied with wall and
ale. Among the provifions confirmed were one
hundred none of prime beef, thirty.fix turkies, be.
fides fowls, ham, and plumb-pudding in proportion.
Bentley Priory has this fearon not been altogether
fo gay, owing to the long indifpofition of the jowly
Marchionefs. Her Ladynsip. we are happy to fads
is now perfeftly recovered. Among the faffsionable
guefts at the Priory dutirg the holidays were Earl
and Lady Carre.sesacm, Lady Ls-visa Cour, Sir
THOMAS and Lady MANNIRS SUTTON, Mr. NMI Mrs.
&c. &c.
LADY GOSIORD'S BALL AT CHILTINNAM.-•-.04
WYChtedAy fe'nnight this accomplifhed Lady gave as
elegant ball and hipper to all the beauty and fafhion
at the above place.—The ball was opened about nine
o'clock with c. Speed the Plough," by Lady Gni.
TOAD and the Honourable Mr. DAMSON. About
fifteen couple followed, among whom were,
Lady Leonia Dawlon, bir Alan planks,
Sheldon. Mr. Johnfon,
Mds Coortenay, C.lpt.dn fames
Misr Aeland. Major Allen.
The dancers kept up the fpirit of the fcene until
one o'clock, when they repaired to the (upper rooms.
Theft were fitted up with artificial flowers, chande-
liers, and lufires. The (upper, as might have been
expetted, was truly elegant. Every delicacy which
art and nature could furnifh were provided, and the
company were highly delighted with the entertain.
ment they experienced. About two the merry dance
recommenced, and was kept up until a late hour.
A Court Martial was held on Monday on board of
his Majelly's bomb-acted the Fuer, in Sheet nefs har-
bour, when they procezde I to t: y Mr. Thomas Mills,
vr.ner of his Mojcay's flnp the Ainll.l4, on the
charges exhibited aga:nil him by the !tight lion.
Lord Pansy, of drunk or: ti.e turning of the
tih of Oelobrr lan. and tin- condat.
—The Court was th,t tiie charges were
proved, and adjudged the f.tid Mr. Thomas Mills to
be diimiffed his M "jetty's nisvalfer s ice AS Gunner.

Tnefday another COll7 I,l4rtial was held on board
the Fuer. far the trial o; Mr. James Net Sit, Boat-
fwain of hit MAjelly's p DART, on the chairs
exhibited sgaintt him by L.4pt. Bitowt.ixaco, orthe
Paid (loop, "of being icpeatc I:y drunk, and negleCtful
of bit duty. bnt particularly on the 26. h of lath
month." The Court W 24 of opinion that the charges
were proved, and the fail Mr. James Nee-
bit to be dirmi red Li, pitfcnt employ rent Boat.
(wain of the Dart. M. Roberts, matter, and Mr.
Driver, gunner of the DART, were reprimanded by
the Prefident, in the name 1.5 the Court, for having
Zing an incorreq critic:tee.

1.411# IifirELLIGENCL.
!linttre.COußT, JAN. 4.
filnlIPOS V. CROXTON.
was an *Won to recover a compenfation in
for flanderous words fpoken by the De.
the injury of the Plaintiff's charatier.—
tges were laid it wool. The Plaintiff was
by Mr. Serjeaut BIST, as a perfon of pro-
le time fince employed as book keeper at
lan, in the Borongh, where the Defen.
alfo a waggon proprietor and aa ing partner
e firm of Meffrs. White and Co. In
the Plaintiff received a letter from
country, Rating that a fevere illnefs had feized
who was not e :petted to furtive many
confequenee of which he, in company with
Sur, .William Jennings, left town to vilit
family, and had been gone but a few days,
letter was received from the Defendant, con
the information, thai on Account of the
's having abfented himfelf, and negleeted
employ, contrary to the interea of the firm,
t engagements which the latter had entered
the r'inveyance of public property, he was
his fituation, and ordered to return
. and make up his accounts. On the
, following after fuck notice, the Plaintiff
brother returned, found his defk had been
open, his books taken away, and his office in a
confufion. He afterwards went to Port!.
for the purpofe of fettling with the correfpon-
intel while he remained there, the Defendant

fserfon named Martha)), and fever others,
e Plaintiff bad robbed the concern with which
engaged, of tool. and that he, the Defen-
ad hang or tranfport him for fuch a breach
7. A floppage of a hundred and odd pounds
made, ',which was due to the Plaintiff, for
the balance of accounts, on pretence that
Money received for the bookage of parcels'
been prisdnced ; the wages were however
by an action, wherein the Defendant was
_ .0 prows any fraud in the Plaintiff's accounts;
se jeaszords fpOken to the prejudice of the latter,
liia to be out ofemploy for a considerable
sad greatly injured his charaaer. The evi-
Vaned the expreffion of the words already
Alfo that the Plaintiff had not been 'defizient
,Secontits.
&leant SHIVIIIILD argued for the Defen-
, that the damages Lid in the declaration were
'stilt, but called no witnetea. Judgment was
—4 to go by default, in confequence of the de-
** isayMg beta able to obtain the books and
letters—the concern having been difpofed of
;ly two years.—Verdie for the Plaintiff—Da.
soo gnineas.
COURT OF JUNO'S BENCH. DEC. a.
DOWLOR w. 1111411 TIN, ADD CO.

cuffs of importance to the commercial
erothisand. particularly to Bankers. .
According to Mr. GAILIOVI opening. this was
- brought by the Plaintiff, Mr. Bowler,againa
refpeaable banking hour* of Martin and
►had very long maintained the hi &bell corn
reputation. The .action was brought to
the (um of soot. which they, or rather their
aim% had paid in their min wrong, in confequence
41( 1.4 hurry of buftnefs. The Plaintiff, Mr. Bow
lees Who was a minor, and fued by his guardian and
*PI friends had received an education rather above
wage might have been expefted from his birth.
=a Snell font of money, he was defiroos of
g a &nation in one of the Public Oakes,
as willing to give an adequate premium to any
t who cord procure him loch an appointment.
j, thing was fair ant honourable on his part.—
Inoonfequence of an advertifement which he caufed
be inhaled iu the newfpapers for fuch a place, it
lOng before it was anfwercd by a perfon of
,of Annefly Shee. He is a very planfible
and the Plaintiff fell into the bait. The Plain.
Wved a letter, informing him, if he would at•
fuch a place, he would receive a fatisfaaory
anfwer to his advertifement. Slice aufwered the
Plaintiff's advertifement in the name of Reeves and
Co. The Plaintiff, in his advertifement, ()rested to
lodge cool. in the hands of any hanker, ready to be
kiwis to any. perfon who fhould proture him a place
adequate to it. He Paid he did not well know how
snore caution could be ufed than was Gbferved by
. the Plaintiff. It was agreed, on Mr. A. Shec under-
taking to procure this place, to depofit. 2001, in the
hands of Martin and Co. bankers, to be paid out
by them on the joint order of the Plaintiff, or of one
alas friends, and of Mr. Shee. if the bankers had
concluded themfelves with caution, and he imputed
nothing to them but want of caution, this money
would not have been paid. It was agreed that it
lboirld be paid by the bankers, am the joint order of
a Mr. Berridge, who was a friend of the Plaintiff's,
and who kept money at the houfe of the I)efen-
dant!, and of Mr. Shec. When they went to depotit
this money. Mr. Berridge informed one of the
s Clerks to whom the money was paid, that it was to
be lodged with them for a particular plirpore, and
was only to be paid out by them on the joint order
yrf himfelf and Shee : anst he defircd a prorniffory
note &mad be drawn ty in that form, which he de-
livered to the Clerk on a flip of paper. Mr. Ber-
ridge laid to the Clerk, you know my hand writ-
ing. but as you do not know Shee's Land 51 riling,
it will be neceffery to take down his fignature in the
Agnat ure book. The young man produced the book,
and Shee wrote his name. The protrifrory note
made nut by the banker's k was delivered to
Mr. Slice : and had it been in the form direaed by
the Plaintiff and his friend, Shee never could have
received one fhilling of the morey, till he had ob
gained the fignature of Mr. Berridge : and this was
meant as a check, that he Ihould not receive any of

the money till the place was procured. Bur, unfor-
tunately the young man at the barking honk made
this money payable to the joint ruder of Berridge and
See, or bearer. The confect:ler:cc r: a•, that rime
time after Mr. Shee called or rein, aid recited the
aooL In the mean time, the l'Itioo:f was urging
:lee to perform his promile. At ia :1, whin i:e %ea.
lay perfuaded he either could n, or ac uIJ
do it. be returned to the banker'. to get back 1 is
2c.01. •hen. to his attonnlrrent, Lc S•Juni tc r t:::y
bad paid it to Shee. A 1114 Tunnel .;.1
the banking honk only on con'tion rh.t• it I
be paid out era that joint order, Aod

ted by them on that condition, the bankers couli not
acquit thentfclves of their liability, but mull fill re-
main aufn•erable to the Plaintiff in this ad ion, unlefa

they could produce a joint order. The Learned
Counfel faid. he was very lorry the loft had happen-
ed ; bin it muff fill on them, ai it was owing to
their inadvertence the money was paid. • •
Mr. Berridge was here examined, and proved the
fags of this opening. This aciol. was depofited at
the houfe of the Defendants, and was placed to the
joint account of Berridge and Shee. and was only
to be paid out on their joint order. He did not know
the-mime of the clerk. He was a gentleman nfoally
traufaaing bufinel; in that hook. The promiffory
note, when made out by the clerk, was delivered to
Shea : he was to hold it- The note was payable to
Mr. A. Berridge and Mr. A Sheaor bearer, on de.
:nand, tool. London. July 8. tilos. Shee did not
prefent it till March *6, *BO3, when it was paid.
Mr. Giass. leading Counfel for the Defendants,
contended this aftion could not be maintained. In
the firff place. as this money had been paid in and
placed to the joint account of Borridr and Shee. the
only perfons who could have inaintamed this :teflon
would have been Berridge and Shee : but. er.elufive
of that, the Plaintiff Mr. Bowler, and Mr. Berridge
his friend, were both prefent, and it was their buli•
nefs to fee the feeurity they received was loch as they
ought to have received. Was a man to come at this
length of time with loch an action as this, complain-
ing of a defeeive fecurity. when he himfelf was pre-
fent when it was given. and whole duty it was to
look at it. and to fee it was earied ?
Lord Extsvaintoucti—The terms on which' the
promiffory note war to be drawn, being communi-
cated to the clerk, there was no farther communica-
tion to be made. The Plaintiff took it for granted
it would be drawn up as direeed. It was not proved,
that either the Plaintiff or his friend took this note
into his hand after it was drawn. U that had been
proved, his Lordfhip raid, he fhonld have taken that
as a fubfiitutimand waiver of what was before re•
quired to be done, •
Mr. Gins, (till fiibmitted. as the Plaintiff himfelf
was prefent, it was his bounden daty to fee this note
was correaly drawn.
Mr. Giese here obfervcd, that Martin and Co.
certainly deferved the chnraeter his learned Friend
gate them ; bin they felt it would be perfectly unfafe
for tbem.to pay'thic money to the Plaintiff. If, on
evidence, loch as Mr. Bowler had given, Bankers
might be called on to pay money after they had once
paid it in *riff obedience to the note, if the evidence
of witnefes wet afterwards to be Isnitted to vary
the terms of a written order, all feenrity with re-
gard to fuck tranfaaions was gone. The manner of
doing this fort of bufinefs was this: one of the clerks
receives the order, and carries it into another room
where the partners fit. It was carried in this cafe to
Mr. Font. and after he had figned it, it was carried
out and delivered to the party interefted. But Mr.
Bowler, the Plaintiff, who was prefent, was bound
to fee he had the proper keurity for his money. If
this note was to be let afide on this parole evidence,
the neat trick that would be played would be this :
4 man would come to a banker's, and pay fo much
money, and fay, I want a promiffory note payable to
bearer. The note is given, is afterwards prefented.
and paid. Prefently an aftion is brought spina the
bankers to compel them to pay this money fecond
time, and they produce two witneffes to prove that
the banker was ordered, by the perfon paying in the
money, to give him a note of a different defenption.
What was the anfwer to that? You took that pro-
miffory note. If it was not what yen wanted, why
did you not objea to it at the time ?
Lord E LLLLL (novo m laid, if he were to defire his
bankers to give him an order in writing in any given
terms, when the writing was put into his hand he
fhould put it into his pocket. probably without look-
ink at it ; and if it turned out to be fomething
he fliould think they were refponfible for it.
Mr. G PBS faid, the quellion was, whether the plain.
tiff himfelf, being prelent, and receiving that note,
could now maintain 'his anion

Lord ELL EN 110ROUON obferved, that by the terms
of the apprecn.ent the Plaintiff was not the perfon to
receive it, and therefore his pretence was immaterial.
Hi. Lordniip laid, it would be very material if the
defendants could Phew that all thefe parties had looked
at the note before it was delivered to Slue ; in that
cafe, he fhould leave it to the Jury to fay, whether
they did not take it as fubilitutiont
Mt. Gum laid, he felt this to be an extremely
hard cafe on the Defendants, and it was utterly im.
poffible they could be armed with a defence againd
hitch a cafe. It was perfally impoffible their Clerks
could remember every tranfaCtion that patted in their
(hop. Could the Jury expea, on confidering the deal-
trigs that paid through a Banker's (hop lan year, if
in ea inftances, men wt a to tome forward, and (wear
they received leonine" different from thole that
were /edited, that they could remember what palled
on theft occasions ? He laid, be mould call the Clerk
with whom this tranfation was Rated to have pal-
fed. He had heard the evidence given on the part of
the plaintiff, that die terms of the note had been
delivered in to him oa a flip of paper; he verily be.
lieved no fuch thing paired ; he had not the lead re.
collation of loch a thing paffing—but he did not
ptetend to recnilat all that did pals; as far as he
could charge his memory, he thought it did Rot pals.
With relive, to the signature of Slice being mitten
in the five:ore hook No. a, he at firft undcrftood
there perions were opening a joint account with the
bankers ; and if they were, it was ;mural enough he
flintild take their tignatur es. He had no doubt hot
he procured this note to be filled up in the way he
wa. dirated. Mr. Martin would have no difficulty
in paying this film of money to the Plaintiff, but for
the precedent, for which they had a ferious apprehen-
tins, and In he believed would every other banker.—
He trotted the Jury would not think it realonahle or
Pale, at this didance of time, that every trantaaion
fhould he ripped up in a hanker's (top. lie laid, he
was tar thorn being ddirous of preffing ail thing
hard on the plaintiff, and he took it for granted that
nob .dy would thick there was the leaft Impropriety
on 0.: pate tiro Defendant: in refining this de-
mand.

Lord Et antot•r: n^t; they
flood ton l,ieh, and 11.,:ir c!...r.after ;

they were per It in of very 1 igt.cli:trafter."
It AA i:t in :he fv•l itiol of
1 ( i•-; ,•,1 ~td Ile to w

9 tL. ii

:go, J :.:r. ar.d atoi: cr

' perfon or two. He was the perfon that tranfaaed
the bufinefs with them. The money-was given to
him, and it was to be placed in the joint names of
Berridge and She:. He produced the fignature book,
but afterwards he onderflood they wanted a promif
fury Dote. He in confequence of that filled up the
note that had been produced. He did not recoiled
that any written infirnaions were given to him. He
was certain them was no written paper that it was to
be a note payable to their joint .order. To the brit
of his recollettion he Wrote out the promiffory note in
the prefence of Shee, and of the perfon that were
with aim, in the ufual courfe of bufinefs. It was
never Rated to him on what account the money was
depofited with them.
Lord ELLENBOROVCII (aid, he thought this evi.
deuce was as clearly for the Plaintiff as any thing
could be His Lordfhip, in a thorn addrefs to the
Jury, obferved, the note which the Plaintiff waited,
was a note drawn by Mars. Martin, payable to the
joint order of Berridge and Slice. But, ifillead of
that, the Clerk made out for them a common Ihop
note, payable to bearer. The parties meant it lhould
not be payable to the bearer, but that before par.
meat could be obtained, the note thould have the
fignature of Berridge, as well as of Shee,. This was
clearly meant to operate as a check on Slice, and to
prevent him from receiving the money till he had
performed his undertaking. If a perfon gave a
banker direftions to appropriate a funs of money to a
particular account, it was their hurtful's, for the fafet y
of themfelves and others, to fee that it was fo appro-
priated. This promiffory note was meant to be the
fame fecurity as a bill. They meant a note of the
fame quality that wonld have belonged to a bill of
ritasange, and the Clerk, not adverting to that cir-
cumflanee, gave them a note payable to bearer.—
There was here no imputation on any body, except
that this young man, in the hurry of bufinefs, milluok
the nature of the tranfatlion, and the fignatore book
confirmed it beyond meafure. By finding a verdidt
for the Plaintiff, no credit wonld be fbakeu, nor any
of thole inconveniences agile that were fuggelled by
the very Learned Counfel for the defendant.
Verdict for Plaintiff 2001.

i ; "r

nikk.r

. ..
.1.41/1
Mt!
..,1!
• , This was an s
damages, for Ili
fondant, to the in
e damages we
defcribed by Mr,
icy, &toe time
the Ship lan, i
dant was alto a vo
wader the firm
March. teot, t
the country, Rai
his father, who
boors. in confeqt
his brother, ,NNT
thiir family, an
when a letter wa
taking the info
Plaintiff's hawk
Ids employ, cot
and the engager
into for the con,
, difcharged from
I itosely, an
Illmefrity follow
esdlis brother
Mote open, his I
*Psi g eonfufio
P
amis. Cod while
Mid a Demon sn
04 Alia Plaintifi
Irlimi engaged.
..-acheths.l2..V.• kJ ban;
A lb
4171 trade,;
lwailiti lithe bi
albeit *utility
bad not. been ;
recovered by an
inible to prows
bat thE words
occadoce.4l him 1
time, sod great
dace proved t]
thtseelodfo that
Ia aocontits.
focileatte
that the di
. ciat, but c
gi
,cS ,
~,
. own letters-
ly two I
Soo gain
Man
sow
• ,Thie is a coin
erearlikond. part
According t
wstatitioa brougl
the very refpet
VA, who had vc
aPrai: ilium
• . Alt fun
. .
bad i,
4.4 pa
.•:,
of
- • " •
• . • was a
_ _.... • hat
• . "1
- - a fan.
at g a us --...
. •
sad was Wan;
•Ilfwho cm
very, thing w:
„.14,coofeastence
imp. he iniatied it
ilrocaut long b
di*
.name of A
....
.an. and the P
. *Of 'received a I
.
mod at Inch a i
aafwcr to his
Plaintiff's adrei
Co. The Plai
-lodge soul. in I
temp to any. pc
adequate to et.
• more caution C
. the PlAintitf. It
taking to prim]
hands of Marti
by them on the
oaf his friends, a
concluded their
nothing to then
• would nothing
have
&mild he paid I
a Mr. Berridge,
sod who kept
dant!, and of le
this money. h
s Clerks to whom
be lodged with
was only to be I
of himfelf and
Dote &could be I
livered to the (